Posted on 11/12/2009 5:00:35 PM PST by The Magical Mischief Tour
DICKSON, Tenn. -- Police officers in the City of Dickson know about the green file.
Sheriff's officers in Dickson County know about the book.
They've been here for years growing fatter and fatter. They are all of the domestic violence arrests and some DUI arrests that the local magistrates have thrown out. In the United States, a judicial magistrate must confirm there is probable cause after police make an arrest. They do not decide guilt or innocence; that comes later when the case goes to the court system.
So if the judicial magistrate decides to set free those arrested, the case often ends right there, forever. In Dickson County, law enforcement officers have told the Channel 4 I-Team that Judicial Magistrate Milton Genella has been letting many people out of arrests for years.
The I-Team talked to several officers who told Channel 4 that when they go in front of Genella with a domestic violence arrest, he will probably throw the arrest out. Here are some examples of what the I-Team found:
A man threw a rock at his girlfriend’s truck, and she, in turn, ran over him. Police charged the man with aggravated assault. But Genella said there is no such thing as aggravated domestic assault.
In another instance, shots were fired during an argument between a man and a woman. According to the narrative, Genella ruled that since no threats were made with the gun, he wouldn’t issue a warrant.
Then there was the case of a mother who admitted she was drunk when she punched her daughter in the mouth. Genella denied that arrest.
And, in another case, a man and a woman set down their 7-week-old baby and begin fighting. Police charged both with domestic assault. According to the narrative, Genella said if he arrests anyone it would be the man for having a child out of wedlock. Both combatants were set free.
Finally, the I-Team obtained the call to 911 made by a man who reported his wife was setting fire to the house. Genella was patched through on the 911 line.
Genella: “What do you got?” Officer: “Looks like it’s gonna be arson.” Genella: “Arson, for what?” Officer: “A girl set the house on fire.” Genella: “Is it her house?” Officer: “Her and her husband’s.” Genella: “She can burn it if she wants to. It’s hers.” Officer: “OK. I mean, why wouldn’t that be arson? I mean, she set the house on fire.” Genella: “It’s hers! She can set it on fire if she wants to.” The I-Team also obtained the next conversation the officer had with District Attorney Ray Crouch. Officer: “Man, Genella strikes again. He said he wouldn’t want to issue any warrants on this.” Crouch: “How does he figure that’s not even domestic assault?” Officer: “I don’t know.” Crouch: “Well, I mean there’s really nothing you can do if he denied it.”
Abigail Martin was released to go back to the home she was accused of trying to burn down.
Law enforcement sources in Dickson County said Genella refuses more than half of the domestic violence warrants that go before him. To put the numbers in context, the I-Team compared his record to domestic violence arrests in Davidson County. Last year, police asked for more than 4,000 domestic violence warrants.
The I-Team didn’t find a single one refused by the judicial magistrate.
Reporter Dennis Ferrier tried to confront Genella about all of the domestic violence cases he had thrown out, but Genella refused to answer any of his questions.
Weeks later, the Dickson County Grand Jury indicted Martin on charges of aggravated arson, domestic violence and reckless endangerment. There are no allegations Genella broke the law, and he is not the subject of official complaints.
What is wrong with the Criminal Justice System here in Tennessee?
Might there be Kool Aid in the Cumberland River?
The I-Team didn’t find a single one refused by the judicial magistrate.
Well THAT sure looks like a huge case of he said she said!
Home of Al Gore the Whore
I have to say the domestic abuse laws as written are so one sided, I for one want to know more about this special individual who actually thinks for himself.
I agree. I can definitely see a silver lining in this story.
Is it a problem with the laws as written, or as enforced or not enforced?
Huh? Granted, domestic violence laws are a mess. But seeing no probable cause in a gun fight? In trying to burn down a house?! With a 911 recording of the actual incident?
This guy is not a “special individual who actually thinks for himself,” and he has NO place on ANY bench!
What was with the arson conversation. Was he the wrong magistrate for that kind of case?
And obviously not his. Not even a little bit. It was all hers.
Genella said if he arrests anyone it would be the man for having a child out of wedlock.
The woman didn't have the child. Only the man did.
A man threw a rock at his girlfriend’s truck, and she, in turn, ran over him. Police charged the man with aggravated assault. But Genella said there is no such thing as aggravated domestic assault.
He threw a rock at a truck. She tried to kill him by running him over with the truck. These are not equivalent crimes. Attempted property damage is not nearly as serious as attempted homicide. Yet the girlfriend got a pass from both the cops and the judge.
It would be worthwhile to look for a pattern of gender bias in this judge.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.