Posted on 08/22/2007 2:02:15 PM PDT by Baladas
LOS ANGELES — Prosecutors on Tuesday dropped charges against a self-described pedophile who was arrested last week after he allegedly violated an order that prohibited him from being within 30 feet of children.
Prosecutors opted not to pursue charges against Jack McClellan after they determined the judge who issued the order failed to set a hearing to argue its merits and had not given the 45-year-old transient proper notice.
McClellan was released from jail Tuesday following a court hearing. A cell phone message left for him was not immediately returned.
"We determined the judge had acted improperly by failing to comply with the notice and hearing requirements for issuing a three-year order," said Nick Velasquez, a spokesman for the city attorney's office.
(Excerpt) Read more at foxnews.com ...
Pinging SO Cal freepers
Since when does a prosecutor care if a judge didn’t follow proper procedure? It’s up to the scumbag’s defense attorney to bring this up in a motion to dismiss.
actually no.
A prosecutor has an affirmative duty to reveal exculpatory information. A fatal flaw in an order directly falls in that.
You must never forget trials are supposed to be UNfair and stacked against the prosecution. If the prosecutor went forward and did not reveal the flaw he would be subject to personal sanctions for not revealing it.
Prosecutors are about the constitution and proper administration of justice, not just notches. This is the prosecutorial attitude you want on cases. Otherwise you just have one Nifong after another.
Otherwise you just have one Nifong after another.
Oh, wait....
Our first thought was that this jerk has a suicide wish. I mean, come on! He goes public with his sick fantasies, then wonders why everyone wants him locked up. Nuts...
Prosecutors are about the constitution and proper administration of justice, not just notches. This is the prosecutorial attitude you want on cases. Otherwise you just have one Nifong after another.
In our system, you are guilty until proven innocent. Or when you run out of money, plead "no contest", and have a guilty verdict. Another notch in Mr. Prosecutor's belt. Have you not learned from Mike Nifong? 90% of them are like that! Vote for me, I'm tough on crime!
I make a habit out of voting against DA's and prosecutors who run on that kind of platform. Blasted crooks...
Yuck. That’s just plain gross :(
So’s the ACLU. They love guys like that.
The prosecutor always gets to see the evidence first. Since the prosecutor has first crack at the evidence, the prosecutor has to evaluate it for its probative value. A court room is not a sports game. The goal is not a win, the goal is justice. An honest day in court, not a stacked with deception day in court. This jerk will be caught now and he will not escape on some technicality.
The days of TV’s suprise witness are LONG dead (if they ever existed). It is reprehensible that a sloppy prior judge and prosecutor screwed up the order and their mistake had to be caught years latter.
Law and Order goes too far to the left and quite frankly the conduct of the lawyers on that show would have many of them standing next to Nifong in the real world. (ex parte judicial conversations, interogations without lawyers, arm twisting interviews, intimidation, withoulding of evidence as just SOP) It is only TV but it is a cartoon version of law in the eyes of a hollywood mindset. (consider most trials are won or lost on pretrial motions)
ideals are wonderful,
but reality bites.
45-year-old transient
A bum preying on children for sexual gratification—these are the facts. In the fifties, it is likely some outraged citizen or parent would have put him out of the game he so enjoys playing. And no one would fault the act of eliminating this scum.
Frankly I don’t know who is worse...the ACLU, the UN, or the Southern Poverty Law Center.
Lol, that pic is just wrong!
Reality does bite. It also costs a lot of money...
Is it clear that this was unilateral? The defense attorney might have given the prosecutor a call and reminded him nicely that they had higher priorities than to push a case that would get slamdunked based on the record of the applicable appellate court.
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