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Man defends self, is arrested (tales from Massachusetts)
The Outdoor Message | 12/04 | Schwarz

Posted on 12/27/2004 4:01:52 PM PST by pabianice

One day in 1994, Doug Burns was leaving an appointment at Mass General Hospital when he was set upon by a thug standing over 6 feet tall and weighing more than 300 pounds.

The criminal first battered Burns and when Burns protested the assault the thug threw a weapon at Burns and then charged Burns.

Burns then drew his licensed handgun and shouted at the attacker to stop and then yelled at everyone nearby to call 911. Many calls were then received by 911, telling of the attack and how the victim was holding the criminal at gunpoint.

When the Mass State Police arrived, they arrested Doug Burns after taking the attacker into custody. Handcuffed and stuffed into a cruiser, Doug was never read his Miranda rights and never allowed to make a phone call. The police told Doug that in Massachusetts, no one has the right to use a gun in self defense unless they are police officers.

At a pre-trial hearing, not a single independent witness supported police charges against Doug. The 911 calls were never entered into the trial record. Not a single independent witness was called to testify.

Nonetheless, the jury voted not guilty on all charges except for one juror who stated that no one had the right to possess a gun. The judge refused to disqualify her and seat an alternate juror.

At the second trial, still with no independent witnesses allowed, Doug was found guilty of assault and battery, fined $19 and given 20 minutes probation. Because of the conviction, his LTC was revoked.

The 300 pound thug went on with his life unscathed. It turns out the guy is a Suffolk County (Boston) Deputy Sheriff who had been out for three years on a disability pension after being involved in a fight in prison.

In 2003 (nine years later), the Massachusetts Appeals Court ruled in Bruce Callender v. Suffolk County, 01-P-0983, that thug Callender had lied in his disability application and reversed Callender’s disability pension, ruling that Callender had lied about his injuries. The perjured disability was three years before Callender lied about his assault upon Burns. Yet, during Burns’ trial, Callender was “assisted” into the courtroom by State Police, spoke in a “shakey” voice, and gave the appearance of an elderly, crippled man. The Boston Herald printed a picture of Callender shaking the hand of Johnnie Cochran in 1996, in which Callender looks hale and hearty.

So, the morale of the story is that if you hold at bay with a handgun a perjured Massachusetts deputy sheriff who is trying to kill you, then you, not he, will be prosecuted.

Welcome to the Massachusetts “justice” system, where only some people have the right to defend themselves with a gun, and only some people have the right to be read their Miranda rights, and where not everyone gets to make a phone call after they’re arrested.

--------------------------------------------- (The Outdoor Message is not available online.)


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: Massachusetts
KEYWORDS: arrested; banglist; corruptcop; defends; donutwatch; donutwatchcorruptcop; from; govwatch; is; man; massachusetts; self; selfdefence; tales
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Blue State Bump!
1 posted on 12/27/2004 4:01:53 PM PST by pabianice
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To: pabianice

Unbelievable.


2 posted on 12/27/2004 4:02:48 PM PST by BenLurkin (Big government is still a big problem.)
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To: pabianice

He should have just shot him.


3 posted on 12/27/2004 4:08:09 PM PST by conservativeharleyguy (If you stay ready, you don't have to get ready)
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To: All

Believe it. This is what our "liberal, peaceloving, party of the people" have in store for us.


4 posted on 12/27/2004 4:08:43 PM PST by 383rr (Those who choose security over liberty deserve neither-)
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To: pabianice

Sweet Goodnes. What have we become?

I used to agree with Shakespeare, that first we should kill all the lawyers, but I've come to realize that first, we should kill all the judges (and most of the juries.)


5 posted on 12/27/2004 4:08:46 PM PST by lodwick
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To: pabianice

Well of course I would never suggest this but to allow, for a moment the idle thought, wouldn't it be interesting if someone attacked the Judge who did this (preferably someone who was dying of aids or cancer or something, so that there were no longterm ramifications) and see if the Judge retaliated with a weapon...as the old saying goes, "Where you stand depends on where you sit." Also, the MA law has to be unconstitutional - no state may legislate that a person cannot defend himself when in peril of his life....


6 posted on 12/27/2004 4:12:08 PM PST by MarkT
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To: conservativeharleyguy
Dead men tell no tales. Disability is not a question when they embalm you. I would sue the State for allowing such a person out on the street again.

OH Kill Em All
7 posted on 12/27/2004 4:13:35 PM PST by pennyfarmer (A whole lotta people need some killin. (Not the babies))
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To: pabianice
An arrestee must be given Miranda warnings only if he is subjected to QUESTIONING that may incriminate. If the police have no QUESTIONS, no Miranda is triggered. Any evidence acquired w/o Miranda, in response to questioning, is not allowed in testimony before the court. Voluntary utterances are...but some departments have a POLICY that requires Miranda at the initiation of arrest, just because it smooths the way to using voluntary utterances w/o having to prove the statements were voluntary.

A phone call is mandated, but only required when the arrestee has submitted voluntarily to the booking process. If the arrestee refuses to answer questions like name, address, etc, or refuses to submit to fingerprinting of photographing, the call can be legitimately withheld. I suspect the gentleman refused to be booked.

8 posted on 12/27/2004 4:14:04 PM PST by dasboot
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To: pabianice

So, who was the guy's lawyer, Lionel Hutz?


9 posted on 12/27/2004 4:15:50 PM PST by Larry Lucido
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To: pabianice
The police told Doug that in Massachusetts, no one has the right to use a gun in self defense unless they are police officers.

If that's the case, then "It's Time".

10 posted on 12/27/2004 4:16:49 PM PST by Dan from Michigan ("BZZZZZT You are fined one credit for violation of the Verbal Morality Statute")
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To: pabianice
The police told Doug that in Massachusetts, no one has the right to use a gun in self defense unless they are police officers.

Sounds like BS to me. Clearly not correct. This piece is strange, and incomplete.

11 posted on 12/27/2004 4:19:19 PM PST by dasboot
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To: pabianice
"So, the morale of the story is that if you hold at bay with a handgun a perjured Massachusetts deputy sheriff who is trying to kill you, then you, not he, will be prosecuted."

No! the moral of the story is:"If you have an 300 pound brute who beats you up, shoot his A$$, in self defense!"

12 posted on 12/27/2004 4:19:27 PM PST by FixitGuy
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To: pabianice

its crap likethis that isthereason that mass is the only state in america that reported a population drop in the last census


13 posted on 12/27/2004 4:22:37 PM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
its crap like this

Yes...this article is, undoubtedly, crap.

14 posted on 12/27/2004 4:24:06 PM PST by dasboot
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To: Dan from Michigan

its been time in dumMassachusetts since the 70s


15 posted on 12/27/2004 4:26:14 PM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: dasboot

"this article is, undoubtedly, crap."

Yes, it certainly is only giving one side of what happened.


16 posted on 12/27/2004 4:28:41 PM PST by Max Combined
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To: lodwick

The problem is not with lawyers or judges, per se, it is with the legal system. We no longer have a system based upon the pursuit of justice, but a legal system burried in prescedent. When we have a system in which all relevant information, regardless of how it is discovered, is not available to the jurors we do not have justice.


17 posted on 12/27/2004 4:29:20 PM PST by Natural Law
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To: pabianice

No direct confirmation through any 'reputable' news source, but here are two other versions of this story I found via Google. The second story makes it more an out of control cop busting up on a citzen and getting away with it. This meshes with my impression that a significant percentage of cops are 'gang bangers' at heart who have just put on different colors (my nephew is an LA cop and confirms this is literally true in their ranks - it's also gang bangers family working in the office jobs, and sometimes that's worse)


GOF Malicious Prosecution Fund

Douglas Burns Victimized by Massachusetts Courts

Meanwhile, the Commonwealth of Massachusetts continues its jihad against peaceful gun owners.

Doug Burns, a professional calligrapher, has had his life turned upside down after using his handgun to save himself from an assault by a man literally twice his size. Burns was licensed to carry a concealed handgun in Massachusetts.

The assailant has led a charmed life with no convictions following a long list of earlier arrests for violent crimes. It turns out that the assailant is well connected in local and state police circles.

The 911 tapes that at one point existed have disappeared. They contained the record of the half-dozen calls made by eyewitnesses reporting that Burns was holding off an assailant on the streets of Boston. Witnesses that came up to the cops just after the incident were told to go away, and their information was not put in the situation report.

A series of incompetent attorneys could not prevent Burns from being acquitted of assault and battery, but there was a mistrial on the charge of assault with a deadly weapon.

A subsequent trial was conducted before a judge who said, "No one should have a gun. I think they should all be melted down." Not surprisingly, Burns was convicted.

The result of all this: Burns is now a convicted felon and has lost many business opportunities as a result. He is working with a private investigator to dig up the information covered up by the police before his trial.


2nd Amendment Injustice - Part 1

Another Case of No Justice
By Nancy Snow

It was winter 1994 in Boston, and large snowdrifts were everywhere. On February 18, Doug Burnes was returning from checking on test results from a routine physical. Doug is 5'6 and weighs less than 140 pounds.

A large group of pedestrians came out of the nearby T station. Because snowbanks made the sidewalks narrow, Doug turned sideward to let them pass. A large man, estimated to be 6'3 and 300 pounds, crashed into Doug and snarled something as he did so (he later testified it was "get the f___ out of my way"). Doug said calmly, "There's no call for that" and kept walking towards the T station.

Seconds later Doug heard an approaching pedestrian say "look out" or "watch out" and turned to see this large man (we'll call him Bruce) running after him. Bruce was less than 20 feet away running at Doug with large steps. Doug could not flee this huge man who was chasing him on the icy sidewalk. Doug turned and stated, "Halt where you are, I am a licensed firearms owner." He repeated it again, as Bruce kept on coming. When Bruce was just a few feet away, Doug pulled his firearm, for which he was licensed.

Doug then began calling out to passersby and made it very clear to all that he was a licensed gun owner who had been assaulted and asked for the police to be called. Police later reported receiving four to six calls from people stating that a licensed gun owner had been assaulted, would the police please come, etc.

Unfortunately for Doug, Bruce was a Deputy Sheriff. Perhaps that's why funny things began to happen. The state police, not the Boston police showed up. One of the state police immediately snarled at Doug, "Who did you think you were, a police officer?" The helpful folks who had run off to call 911 came back to see if Doug was all right, and were told--in no uncertain terms--to leave.

Doug and Bruce were both placed under arrest. However, Doug was the one interrogated, fingerprinted and photographed. One state cop then told Doug, "What you did was wrong. It is illegal in the state of Massachusetts to protect yourself from assault unless you are a police officer. Now take your clothes off (except for your pants)." The police took off Doug's glasses, and put him in a filthy cell. A bail bondsman was called, and agreed to post bail for Doug, even though he only had $19.00 on him. The bondsman asked Doug to sign the papers, but Doug said he could not read them to sign them, and refused. The state police tried convincing him the glasses were broken, and then threw him his unbroken glasses. Doug was never read his Miranda rights with regard to this arrest.

Doug has not only been treated shamefully by the state police, he also received shoddy treatment from lawyers.

To Be continued because, believe it or not, this saga of abuse continues until today-seven years later. In Doug' words, "Stay tuned for the Hardy Boys Series."

18 posted on 12/27/2004 4:30:20 PM PST by Phsstpok (Whenever you find you are on the side of the majority, it is time to reform - Mark Twain)
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To: Phsstpok
I don't know what happened but there are certainly contradiction in the story. The first said he pulled his gun AFTER being attack, the last said BEFORE.

And the $19. The first said he was fined $19, the last said he had $19 on him at the time of the arrest.

Bottom line, I have no idea what happened and one should not jump to conclusions based on these "stories".

19 posted on 12/27/2004 4:35:25 PM PST by WildTurkey
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To: pabianice
This is why I don't even bother subscribing to any local newspapers or pay any attention to local news beyond weather forecasts.

So many reasons that I end up shaking my head in disbelief.

Here is a story for you.

I have a friend, he is a good-natured person, who's marriage failed when his psychopathic, drug abusing, unfaithful wife stabbed him.

He ended up needing physical therapy to learn how to walk again after the incident.

Guess who the courts awarded the children to ..
20 posted on 12/27/2004 4:36:50 PM PST by miskie
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To: pabianice

Anyonw who doubts this story didn't grow up in Boston.


21 posted on 12/27/2004 4:41:55 PM PST by international american ((Pray for the millions of lives disrupted by tsunami.))
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To: pabianice

glad we put the ass back in Mass.
props go out to Mr.Burns.
Now get back to running that evil nuclear power plant.


22 posted on 12/27/2004 4:43:03 PM PST by Rakkasan1 (Justice of the Piece: Hope IS on the way...)
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To: dasboot
The police told Doug that in Massachusetts, no one has the right to use a gun in self defense unless they are police officer.

Sounds like BS to me. Clearly not correct.

Not so sure, the thug was a deputy sheriff (on disability). Kops in Massachusetts are awfully chummy. And if the arresting officers were Boston P.D. there is an excellent chance there was a racial element to it also. (The thug shook hands with Johnnie Cochran). Add to that an "O. J. (racially blinded) jury and...

...it makes way too much sense to me.

It is just the kind of story that the LSM won't touch with a barge pole. It happens all the time, but it has to be sitting out in the middle of the room, stinking the joint up, like the O. J. case before anyone in the LSM even admits they might just smell something.

23 posted on 12/27/2004 4:43:26 PM PST by Lonesome in Massachussets (Uday and Qusay are ead-day.)
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To: MarkT

"the MA law has to be unconstitutional" uh ah, not in this State, you'd be horrified at what goes on here,,,,


24 posted on 12/27/2004 4:43:33 PM PST by rockabyebaby (What goes around, comes around!)
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To: pabianice

This principle goes back to when all people were property of the King.

Anytime two of his subjects strove, both were punished for injuring or potentially injuring the King's property.

The same held true for slaves.

For the most part, the American people have gleefully given up the rights that our forefathers suffered and died for for the false security of big brother government.


25 posted on 12/27/2004 4:45:06 PM PST by sport
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To: pabianice

next time shot the SOB in the head and walk away.


26 posted on 12/27/2004 4:47:29 PM PST by The Wizard (DemonRATS: enemies of America)
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To: pabianice
The 300 pound thug went on with his life unscathed. It turns out the guy is a Suffolk County (Boston) Deputy Sheriff who had been out for three years on a disability

This explains everything......
27 posted on 12/27/2004 4:49:28 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now !)
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To: pabianice
Cops always give each other the benefit of the doubt.

Unfortunately they do not always deserve it.
28 posted on 12/27/2004 4:51:21 PM PST by McChordwatcher (Still Learning FR's Ropes)
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To: lodwick

Well since most judges started as lawyers, I say start with the lawyers and work our way up.


29 posted on 12/27/2004 4:53:49 PM PST by vpintheak (Liberal = The antithesis of Freedom and Patriotism)
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To: pabianice

BLAM, BLAM, BLAM,BLAM, BLAM, BLAM, BLAM, BLAM, BLAM, CLICK, SLAM, BLAM, BLAM, BLAM, BLAM, BLAM, BLAM, BLAM, BLAM, BLAM any questions?


30 posted on 12/27/2004 4:56:25 PM PST by Garvin (God, Country and Corps!)
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To: pabianice
Keep him in business: Douglas W. Burns
31 posted on 12/27/2004 4:57:03 PM PST by optimistically_conservative (The soldier, be he friend or foe, is charged with the protection of the weak and the unarmed.)
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To: conservativeharleyguy
He should have just shot him.

Amen!

32 posted on 12/27/2004 4:58:18 PM PST by yankeedame ("Born with the gift of laughter & a sense that the world was mad.")
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To: lodwick

Psst! Judges ARE lawyers!

And come to think of it ---- WHO writes these laws? LAWYERS! Many who are illegally holding office in the Legislative Branch (and some Executive Branch) contrary to our Constitution mandates for the SEPERATION of POWERS!

Lawyers are 'officers of the court' - part of the Judicial Branch of govt.

They are traitorously breaking the law of this country as set forth in the Constitution of the United States of America.


33 posted on 12/27/2004 4:58:29 PM PST by steplock (http://www.outoftimeradio.org)
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To: MarkT

LPL Judges in MA do not recognise the COnstitution, of the US or of the Commonwealth of MA.


34 posted on 12/27/2004 5:02:48 PM PST by gidget7 (God Bless America, and our President George W. Bush)
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To: freepatriot32

Crap like this, and activist judges who imposed gay marriage. WHich incidently, isn't legal either.


35 posted on 12/27/2004 5:05:10 PM PST by gidget7 (God Bless America, and our President George W. Bush)
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To: Larry Lucido
Your Honor...May I approach the bench?"

36 posted on 12/27/2004 5:05:43 PM PST by Khurkris (That sound you hear coming from over the horizon...thats me laughing.)
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To: dasboot
Agreed. Reads agenda-driven.
37 posted on 12/27/2004 5:10:21 PM PST by Cultural Jihad
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To: Cultural Jihad

Every case, and every news report on them, here, is agenda driven. I swer they run from "real" trouble.


38 posted on 12/27/2004 5:12:04 PM PST by gidget7 (God Bless America, and our President George W. Bush)
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To: Natural Law
The problem is not with lawyers or judges, per se, it is with the legal system. We no longer have a system based upon the pursuit of justice, but a legal system burried in prescedent....

Ah,my friend, your comment reminds me of an antidote re: Oliver Wendell Holmes, Jr., one of the great CJ of the SCOTUS.

A fellow SC judge had come to call. When pleasant visit was over the judge, as a parting farewell said, "Don't forget to do justice."

Holmes immediately bolted down his front steps and caught up with the man's carriage as it was slowly pulling away.The carriage stopped.

"No,sir!!" cried Holmes,confronting the startled man. "No,sir! It is not our duty to do justice. It is our duty to up hold the law!"

That is why our courts are referred to as "Courts of Law", not "Courts of Justice". And that, IMHO, is how we have ended up as we are today. Judges have chosen to decree/enforce/decide on the side of "Justice" -- justice as they perceive it, e.g. "civil rights","homosexual rights", et. al.

As to the courts being Courts of Law. Well, apparently "The Law be damned. Let 'Justice' triumph, even though the Heavens should tumble."

39 posted on 12/27/2004 5:14:52 PM PST by yankeedame ("Born with the gift of laughter & a sense that the world was mad.")
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To: sport
Anytime two of his subjects strove, both were punished for injuring or potentially injuring the King's property.

And that's why a (failed) suicide got you thrown in the slammer. Or, if successful, stopped your family/heirs from collecting one single penny of your estate. *

*Though it must be said that in many,many cases the crown winked at this esp. when the heirs would be left destitute.

40 posted on 12/27/2004 5:19:10 PM PST by yankeedame ("Born with the gift of laughter & a sense that the world was mad.")
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To: pabianice

Muck Fassachusetts.


41 posted on 12/27/2004 5:29:43 PM PST by RightOnline
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To: Khurkris

Damn, I miss that guy!

Hutz: I move for a bad court thingy.
Judge Snyder [modeled on Robert Bork]: You mean a mistrial.
Hutz: Right!! That's why you're the judge and I'm the law-talking guy.
Judge: You mean the lawyer?
Hutz: Right.


42 posted on 12/27/2004 5:34:20 PM PST by Larry Lucido
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To: conservativeharleyguy; pabianice
He should have just shot him.

No, he should have emptied his weapon into him so he would never survive.

43 posted on 12/27/2004 5:35:29 PM PST by Paleo Conservative (Hey! Hey! Ho! Ho! Dan Rather's got to go!)
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To: miskie
I have a friend, he is a good-natured person, who's marriage failed when his psychopathic, drug abusing, unfaithful wife stabbed him. He ended up needing physical therapy to learn how to walk again after the incident. Guess who the courts awarded the children to ..

Would you mind saying which state this happened in? Is it one of the usual suspects, or one you'd normally think wasn't so, well, progressive?

44 posted on 12/27/2004 5:36:14 PM PST by Pearls Before Swine
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To: yankeedame

Isnt that the truth...as "Social Justice" has been the raison d'etre of the US education system for the last 50 yrs...not surprsing the courts decided it is theirs as well....

As former Milwaukee cop...co-opted into theft and then not squealing on his thieving cop buddies...Mr. Reeger would say..."Spell the Straw in Raspberry"...


45 posted on 12/27/2004 5:39:44 PM PST by joesnuffy (Moderate Islam Is For Dilettantes)
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To: international american
Anyonw who doubts this story didn't grow up in Boston.

About twenty years ago I was at a fund raiser for a former MassPort commissioner (now deceased) that had been organized by a known Mafia hitman (now deceased). A Mass. State Police captain was trying to convince a bunch of other cops (state and Boston city) what a great guy the killer was. True story.

46 posted on 12/27/2004 6:02:57 PM PST by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: metesky
Former Sheriff Floyd Tidwell, San Bernardino County, Cali, stole over five hundred (500) guns from the evidence locker. He was allowed to plead to three misdemeanors. No jail time and a fine.
47 posted on 12/27/2004 6:13:24 PM PST by investigateworld ((! ))
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To: pabianice
The police told Doug that in Massachusetts, no one has the right to use a gun in self defense unless they are police officers.

The frickin soviet socialist union would be proud. I would file suit under civil rights discrimination.

48 posted on 12/27/2004 6:18:21 PM PST by patriot_wes
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To: steplock
Many who are illegally holding office in the Legislative Branch (and some Executive Branch) contrary to our Constitution mandates for the SEPERATION of POWERS!

I understand your position, and I too am appalled at the grip lawyers (today's lawyers from the leftist law schools), but for the record - many of the founders were lawyers too. I think that even then lawyers were the most heavily represented occupation...

49 posted on 12/27/2004 6:52:47 PM PST by Kay Ludlow (Free market, but cautious about what I support with my dollars)
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To: metesky

I remember in the early 70's Mass. passed a law which essentially stated that if someone breaks into your home, you must first try to run, and failing that, and you are cornered, you may finally use force. Talk show hosts Avi Nelson, and David Brudnoy had a field day on that one:)

Best regards,
Tim


50 posted on 12/27/2004 7:37:37 PM PST by international american ((Pray for the millions of lives disrupted by tsunami.))
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