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Despite ‘Castle Doctrine,’ Defendant is Convicted in Slaying (Disabled, Retired Marine Convicted)
Philadelphia Daily News ^ | Wed, May. 30, 2012 | Mensah M. Dean

Posted on 05/31/2012 8:25:13 AM PDT by DogByte6RER

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To: DogByte6RER

A travesty perpetrated on a Marine hero by a kangaroo court.


21 posted on 05/31/2012 8:49:23 AM PDT by BuffaloJack (End the racist, anti-capitalist Obama War On Freedom.)
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To: Hodar
"Is he somehow immune from the 6th Ammendment of the US Constitution, which states:"

Virtually every jurisdiction allows a defendant to voluntarily waive trial by jury and have the case tried before the Judge, who will decide guilt or innocence. That's almost certainly what happened here and it was a foolish move. Most attorneys consider a bench trial nothing more than a long drawn out guilty plea. I would never advise a client to waive jury on a major felony.

22 posted on 05/31/2012 8:52:56 AM PDT by circlecity
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To: DogByte6RER

Regretably, Philly is filled with black criminals, and they get to elect the Mayor and other officials. Pretty much all of the whites have moved out to the suburbs long since.


23 posted on 05/31/2012 8:52:56 AM PDT by Cicero (Marcus Tullius)
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To: DogByte6RER
"There are some unanswered questions in my mind about what happened here," (judge) Lerner said. "We will never know exactly how this incident began, and I don’t think we will ever know, 100 percent, when the stabbing began."

So with all these "unanswered questions," the judge found him guilty beyond a reasonable doubt?

24 posted on 05/31/2012 8:52:56 AM PDT by Carry_Okie (There has not been a conservative American government for 90 years.)
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To: DogByte6RER

His lawyer - if he had one - sucked hard. There is plenty of case law justifying higher uses of force than your attacker/assailant under the concept of “disparity of force”. This guy had disparity of force arguments in spades.

Attack on a victim by several people.
Attack on a disabled victim.
Attack on an elderly victim.
Attack with club-type object.
Attacker on top of, choking victim.

This should have been a slam dunk for a competent attorney.

When disparity of force exists and you are in a life-threatening/fearing permanent harm situation, you are able to use higher levels of force than your attackers BECAUSE you are going up against them with at least one signficant disadvantage that makes the situation far more deadly/injurious to you.

I reread the article and the other problem is he chose to have one judge hear the trial and give a verdict rather than a jury trial. He’ll have to appeal this now, hopefully they had that ready to go, and are putting up a stay of the sentencing until they get an appeal verdict.


25 posted on 05/31/2012 8:53:47 AM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: apillar

Yes, it sounded to me like no jury, a bench trial. Seems like he might have done better with a jury. Perhaps he can appeal on the incompetent defense attorney for not insisting on a jury trial.


26 posted on 05/31/2012 8:54:59 AM PDT by NEMDF
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To: Hodar

Wondering if the defense atty convinced him to go to bench trial since it was a slam dunk (or should have been considering what I’m reading)? This is very frightening.


27 posted on 05/31/2012 8:57:07 AM PDT by mykroar (October race riots bring November martial law.)
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To: DogByte6RER

The judge needs to be beaten until he requires the use of a wheelchair. Then he needs to be rolled into the center of Philidelphia and left there. Just to show that we’re not completely merciless, we’ll give him a steak knife.


28 posted on 05/31/2012 8:59:09 AM PDT by Edward Teach
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To: BuffaloJack

Blame the lawyer for having the “faith” to take it to the Judge. Judges run for election in many states. They fear letting criminals walk. Hopefully, the voters will punish him for making a good man into a criminal.


29 posted on 05/31/2012 9:01:58 AM PDT by shalom aleichem
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To: chesley
That quote jumped out at me as well.

Clearly there was reasonable doubt as the JUDGE said so!

Immediate appeal is warranted and the conviction over-turned based upon the judges comment.

Hmm. . .perhaps the judge did the Corely thing, convicted because the Marine was White and the thug killed was Black? (I admit, I did not read the article).

Just a thought.

30 posted on 05/31/2012 9:08:37 AM PDT by Hulka
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To: DogByte6RER

“give an individual the right to use deadly force in self-defense anywhere in which a person has a legal right to be”

That should be AFFIRM the right. The right ALREADY exists.


31 posted on 05/31/2012 9:09:15 AM PDT by chuck_the_tv_out
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To: DogByte6RER

If the circumstances are impenetrably vague to the court as claimed, the judge is supposed to acquit. Normally judges know better, and that is why suspects who know they are innocent are often advised to ask for a bench trial.


32 posted on 05/31/2012 9:11:55 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: DogByte6RER

A horrible miscarriage of justice but considering it’s Philly not very surprising. I’ve had to go there a few times on business but fortunately not recently. A lib Democrap run cesspool.


33 posted on 05/31/2012 9:15:26 AM PDT by MtBaldy (If Obama is the answer, it must have been a really stupid question)
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To: DogByte6RER
During the two-day nonjury trial...

A mistake that no American should ever make.

34 posted on 05/31/2012 9:19:18 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Pearls Before Swine

Someone didn’t fill him in with the program for the protocol after you, John Q. Citizen fell a criminal intruder. Don’t ever, ever taunt! As for this attempted to stab, how that no stabbing happened given the victim, er intruder, was lying there inert? Maybe the gentleman made gestures as if to stab more, but never touched again with the knife? I could excuse a few crude comments and gestures at this juncture.

It sounds like lousy application of law and good appellate fodder. But I’m only a peanut in the gallery.


35 posted on 05/31/2012 9:19:18 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: MtBaldy

Any freedom loving patriot would vacate areas/states like this. Nothing good will come from staying.


36 posted on 05/31/2012 9:21:18 AM PDT by Gaffer
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To: DogByte6RER

We are in very deep trouble in this country when travesty’s like this occur. Just yesterday I read an article about our President awarding the Medal of Freedom to an avowed socialist and now I get to read about a great American being jailed for killing a career criminal that attacked him.

Insanity abounds.

KYPD


37 posted on 05/31/2012 9:22:23 AM PDT by CSM (Keeper of the Dave Ramsey Ping list. FReepmail me if you want your beeber stuned.)
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To: DogByte6RER

I mustered out of the Air Force at Maguire AFB, NJ in 1976. Me, my wife, and newborn son, rode by bus from Maguire to Philadelphia airport to catch a Delta L1011 to Atlanta.

I remember the look on my wife’s face as we rode southward. The worst looking shithole countryside (blight if you aks me) ever seen - all the way to Philly. They can keep that garbage dump. Never been back for anything but work. Never will.


38 posted on 05/31/2012 9:27:19 AM PDT by Gaffer
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To: CSM

Pray, pray, pray. The choices ahead seem pretty much to comprise abysmal and not-quite-so-lousy. But the Lord can open up other doors.


39 posted on 05/31/2012 9:27:48 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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To: CSM

Kentucky police department?

Oh, keep your powder dry.


40 posted on 05/31/2012 9:29:39 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou!)
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