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Manchester domestic violence case dropped for 'cultural incompetence'
Union Leader ^ | 08 July 2017 | Mark Hayward

Posted on 07/10/2017 3:45:58 PM PDT by Lorianne

A Congolese immigrant escaped prosecution on six domestic-violence crimes when his lawyer convinced a city prosecutor that he lacked the cultural competency to participate in the American justice system, according to court and public records reviewed by the New Hampshire Union Leader.

The decision is one of several questionable actions highlighted late last month by Attorney General Gordon MacDonald in a widespread critique of domestic-violence prosecutions in Manchester. MacDonald's critique led to the abrupt retirement of veteran City Solicitor Tom Clark and has put Clark's office under heightened scrutiny.

One questionable decision dealt with the case of Augustin Bahati, 33, who was arrested last August. According to court paperwork, he was accused of striking, pushing, grabbing, kicking and pulling out the hair of a woman who was 27 weeks pregnant at the time.

His case ended when Manchester prosecutor Andrea Muller - the domestic-violence prosecutor singled out by MacDonald - dropped six misdemeanor charges against Bahati in early March.

How Bahati avoided prosecution was spelled out in handwritten notes of District Court Judge William Lyons.

"The parties agree that the expert reports and analysis indicates that the defendant:

Not competent

. Not restorable

. Not dangerous

Consequently, the court must dismiss the charges," Lyons wrote on March 2.

New Hampshire law allows for charges to be dismissed when an expert determines that a mental illness or mental disability has rendered a defendant incompetent to understand the charges against him and assist in his defense.


TOPICS: Crime/Corruption; US: New Hampshire
KEYWORDS:

1 posted on 07/10/2017 3:45:58 PM PDT by Lorianne
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To: Lorianne

Dox the judge, the prosecutor, and the perp.


2 posted on 07/10/2017 3:54:35 PM PDT by Arm_Bears (Rope. Tree. Politician/Journalist. Some assembly required.)
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To: Lorianne


3 posted on 07/10/2017 4:03:45 PM PDT by Chode (My job is not to represent the world. My job is to represent the United States of America-#45 DJT)
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To: Lorianne

So he doesn’t have to obey the laws of the country in which he lives because he has supposedly failed to understand our culture???


4 posted on 07/10/2017 4:07:19 PM PDT by Crucial
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To: Lorianne
We should not be admitting anyone from anything "Congolese" to this country, not for a while anyway. But at the same time, the law has no business sticking its toe inside a household for anything short of murder. Talk about incompetence--and that the field attracts a lot of heavy-handed, God-hating, family-hating boobs who are drunk with power.

Let these gals and their male relatives handle their own "domestic violence" problems and they'll figure out that they need to get married instead of shacking up with a psycho who does drugs. Eighty percent of these cases would evaporate. And tragically, a whole industry of angry Leftists with police-state authority over other people's households will be out of work.

5 posted on 07/10/2017 4:08:59 PM PDT by SamuraiScot
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To: Lorianne

The US Attorney should file charges against the perps and the corrupt bureaucrats for violating the civil rights of the victims.


6 posted on 07/10/2017 4:10:52 PM PDT by Vlad The Inhaler (We were Trumpers before Trumpin' was cool !)
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To: Vlad The Inhaler

The US Attorney should file charges against the perps and the corrupt bureaucrats for violating the civil rights of the victims.

That would require Jeff Sessions to grow a spine. Currently his head is firmly inserted up his anus.


7 posted on 07/10/2017 4:23:47 PM PDT by Dacula (President and CEO at Being Awesome)
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To: Lorianne

I suspect that he would have a problem in the Congo too if he beat up pregnant women. To say he didn’t understand that such behavior is wrong is an incredible insult. But liberals do believe that Blacks are inferior and thus are incapable of acting sanely. What arrogant evil bigots.


8 posted on 07/10/2017 4:43:53 PM PDT by Seruzawa (FABOL)
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To: Lorianne

About 40 years ago, I had a judge in a court room explain to me
that it was my responsibility to know the law.
It was not the court’s or law enforcement’s responsibility, it was mine.
“Ignorance of the law is no excuse”, she said.
It was not a good day for me at all.


9 posted on 07/10/2017 5:01:56 PM PDT by Repeal The 17th (I was conceived in liberty, how about you?)
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To: Lorianne

NH District Court Judge William H Lyons has been disciplined 6 times since 2013. He was suspended 60 days in 2015.

http://www.courts.state.nh.us/committees/judconductcomm/decisions.htm

http://www.pressherald.com/2015/07/11/high-court-in-n-h-suspends-judge-after-his-outburst/


10 posted on 07/10/2017 6:06:35 PM PDT by DFG
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To: Lorianne

Too ABSOLUTELY INSANE !!

I guess murder is okay in Manchester if the perp is good with it !


11 posted on 07/10/2017 10:19:19 PM PDT by A strike (greatest ever: Jimi or Carlos ?)
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