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Prosecutor Faults Judge in Cleveland Police Verdict
New York Times ^ | May 30, 2015 | By Associated Press

Posted on 05/30/2015 9:16:18 PM PDT by Brad from Tennessee

CLEVELAND — While acknowledging that he cannot appeal an acquittal, an Ohio prosecutor says a judge made serious errors before finding a Cleveland police officer not guilty in the deaths of two unarmed suspects, and he wants an appeals court to order the judge to correct the record.

The prosecutor, Timothy J. McGinty of Cuyahoga County, said in court documents that were posted Friday on The Plain Dealer website that Judge John O’Donnell’s reasoning in the voluntary-manslaughter trial of Officer Michael Brelo could set a legal precedent that would “endanger the public.”

Mr. McGinty said Officer Brelo’s acquittal on May 23 in the 2012 deaths of Malissa Williams and Timothy Russell in a storm of police bullets was based on the judge’s mistaken analysis of laws concerning police use of deadly force and on homicide involving more than one person who fired shots. He said the judge had also considered the wrong lesser charge — felonious assault — when he should have considered attempted voluntary manslaughter or aggravated assault.

“As it stands, the trial court’s verdict will endanger the public, allow for one of multiple actors to escape culpability and lead to more unnecessary deaths by police-created crossfire situations,” Mr. McGinty said in his filing with the appeals court. . .

(Excerpt) Read more at nytimes.com ...


TOPICS: Crime/Corruption; Extended News; US: Ohio
KEYWORDS: ohio; police
Throwing gasoline on a fire.
1 posted on 05/30/2015 9:16:18 PM PDT by Brad from Tennessee
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To: Brad from Tennessee

What actors are seeking several pounds of flesh for their agendas?


2 posted on 05/30/2015 9:29:02 PM PDT by Thumper1960 (A modern so-called "Conservative" is a shadow of a wisp of a vertebrate human being.)
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To: Brad from Tennessee

We need more kangaroo courts!

For the safety of the public!


3 posted on 05/30/2015 9:32:06 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Brad from Tennessee

Mr. McGinty is the one who failed. Seems to me he should resign his post in shame.

L


4 posted on 05/30/2015 9:34:26 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Brad from Tennessee

Sore loser!


5 posted on 05/30/2015 9:34:53 PM PDT by House Atreides (CRUZ or lose!)
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To: Brad from Tennessee

Seriously, how is Democrat supposed to advance their career when this happens? I mean, isn’t that more important than some cops?


6 posted on 05/30/2015 9:40:29 PM PDT by tcrlaf (They told me it could never happen in America. And then it did....)
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To: Brad from Tennessee

I dunno, but it seems like a case of trigger happy cops.
137 shots?
Geez.


7 posted on 05/30/2015 9:56:27 PM PDT by MistrX
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To: MistrX

But this prosecutor claimed that 122 of those shots by the 12 officers were legally justified, only the final 15 by Brelo were not simply becuse he was standing on the hood of the car.


8 posted on 05/30/2015 10:19:56 PM PDT by digger48
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To: Lurker
"Seems to me he should resign his post in shame."

Shame? There is no virtue of shame anymore. American reality shows and career politicians have ended the concept of shame. It's a defunct value that doesn't fit anymore within our mores.

9 posted on 05/30/2015 10:21:23 PM PDT by A Navy Vet (An Oath is Forever)
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To: Brad from Tennessee

The prosecutor, Timothy J. McGinty of Cuyahoga County, said in court documents that were posted Friday on The Plain Dealer website that Judge John O’Donnell’s reasoning in the voluntary-manslaughter trial of Officer Michael Brelo could set a legal precedent that would “endanger the public.”

...

I didn’t think trial court judges set precedents. I thought that could only be done by appeals courts.


10 posted on 05/30/2015 10:23:37 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Brad from Tennessee

These prosecutors throw these cases for their cop buddies, then lay the blame on the juries (or, here the Judge).


11 posted on 05/31/2015 12:09:49 AM PDT by Forgotten Amendments (Peace On Earth! Purity of Essence! McCain/Ripper 2016)
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To: Lurker
Mr. McGinty is the one who failed. Seems to me he should resign his post in shame.

A liberal never takes the blame when he/she/other screws up.

12 posted on 05/31/2015 12:40:45 AM PDT by TYVets
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To: Brad from Tennessee

Dumb prosecutor is in for some real fun the next time he appears before the judge he’s now trashing.


13 posted on 05/31/2015 3:23:39 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Moonman62

Something a judge does for the first time that other judges could emulate is a precedent even if it is not a formal Precedent that must be considered.


14 posted on 05/31/2015 4:36:18 AM PDT by arthurus (It's true!)
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To: Moonman62

Yes, but then again you’re not a Democrat running for public office in Cleveland.


15 posted on 05/31/2015 6:56:27 AM PDT by Mr. Lucky
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To: digger48
The judge said that based on all the evidence, forensic and otherwise, he could not say with out reasonable doubt that Brelo's bullets were the ones which killed the victims. The rest of the brouhaha, the 137 rounds, the standing on the hood, are all immaterial and just boob bait, basically.

Yes, the officers lost it, and yes somebody killed these two, who didn't need killing. The officers involved, some at least, stand on jeopardy of discipline up to losing their jobs. But there is little evidentiary basis for a judicial finding.

16 posted on 05/31/2015 7:23:13 PM PDT by hinckley buzzard
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