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Ninth Circuit Outrage
KITV News ^ | 07/23/03 | KITV.com

Posted on 07/23/2003 10:02:01 PM PDT by Spyder

Murder Convictions Overturned For Two Men
Appeals Court Says Judge Should Have Allowed Defense Strategy

POSTED: 3:43 p.m. HST July 23, 2003 UPDATED: 4:04 p.m. HST July 23, 2003

HONOLULU -- Two men convicted of killing an Army pilot in 1998 have had their murder convictions overturned.

Roberto Miguel and Bryson Jose were convicted of felony murder for the death of Capt. John Latchum. Latchum was shot in 1998 when he caught Jose and Miguel trying to break into his Waianae vacation cabin.

An appeals court Wednesday ruled that Judge Helen Gillmor should have let the defense try to blame one of the witnesses, Donald Callaruda, for the shooting.

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


TOPICS: Crime/Corruption; Extended News; Government; US: Hawaii
KEYWORDS: army; circuit; conviction; court; hawaii; helicopterpilot; ninth; overturned
We were here when this occurred and have done the vacation bit in the cabins there ourselves. The perps were in front of the cabin, on his porch, and when he went out to chase them off someone shot him in front of his wife and kids.

Small mercies, at least they upheld their robbery convictions...

Gotta love the Ninth Circuit! [/sarcasm]

1 posted on 07/23/2003 10:02:02 PM PDT by Spyder
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To: Spyder
Like that will sell to a jury... blame the victim. Liberal Nine Circus clowns strike again!
2 posted on 07/23/2003 10:04:29 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Spyder
The trick is , if you want to save your mind, don`t think about this till election time
3 posted on 07/23/2003 10:06:01 PM PDT by bybybill (first the public employees, next the fish and, finally, the children)
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To: goldstategop
Oh well, I have gotten one of Judge Gillmor's rulings reversed by the Ninth Circuit also. She is an idiot!!
4 posted on 07/23/2003 10:09:54 PM PDT by Liberals are Evil Socialists!
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To: Spyder
The 9th is your typical Democrat court, and this case where killers have been let off the hook is a Democrat victory. No surprise there, and (sorry) but I've been out of outrage for a long time, especially where it concerns the 9th. The 9th Circuit is nothing more than a filthy rest stop you pass on the road to the Supreme Court. If you have to stop in, try not to touch anything, avoid all eye contact, and get out of there as fast as you can.

Second Amendment BUMP.
5 posted on 07/23/2003 10:15:50 PM PDT by Lancey Howard
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To: Spyder
I agree, the 9th Circus Court needs to be re-booted.

Also, just another demonstration of why there needs to be a leash (bounty?) on lawyers.

LVM

6 posted on 07/23/2003 10:24:18 PM PDT by LasVegasMac
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To: Spyder
Why excerpt all but the last two paras?


Murder Convictions Overturned For Two Men

Appeals Court Says Judge Should Have Allowed Defense Strategy

POSTED: 3:43 p.m. HST July 23, 2003
UPDATED: 4:04 p.m. HST July 23, 2003
HONOLULU -- Two men convicted of killing an Army pilot in 1998 have had their murder convictions overturned. Jose and Miguel Roberto Miguel (pictured, left) and Bryson Jose (pictured, right) were convicted of felony murder for the death of Capt. John Latchum. Latchum was shot in 1998 when he caught Jose and Miguel trying to break into his Waianae vacation cabin.
An appeals court Wednesday ruled that Judge Helen Gillmor should have let the defense try to blame one of the witnesses, Donald Callaruda, for the shooting.


"Donald Callaruda was not a participant in the burglary or the robbery. Therefore, Jose and Miguel are not liable for felony murder," Jose's former defense attorney, Donald Wilkerson, said. A dissenting appeals judge and prosecutors defended the guilty verdicts, saying it was clear from the evidence Miguel was the shooter.
Even if the government does not appeal, the men could get several years in prison because their robbery convictions were upheld.

7 posted on 07/23/2003 10:38:48 PM PDT by gcruse (http://gcruse.blogspot.com/)
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To: Spyder
It's not clear from the article whether they will be re-tried. I can't believe these guys are going to get off on such a technicality.
8 posted on 07/23/2003 10:47:54 PM PDT by <1/1,000,000th%
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To: gcruse
Why excerpt all but the last two paras?

Sorry - wasn't sure of the copyright stuff.

9 posted on 07/23/2003 10:48:10 PM PDT by Spyder (Just another day in Paradise)
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To: <1/1,000,000th%
Tommorow morning's Star Bulletin or The Honolulu Advertiser will probably have more info on what the judge's inclinations are locally.

I worry that the grass roots push to retry won't be as vocal since most of the Army folk who were here when the murder happened have moved on to other posts.

10 posted on 07/23/2003 10:52:41 PM PDT by Spyder (Just another day in Paradise)
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To: Liberals are Evil Socialists!
She is an idiot!!

And after THAT decision she's still sitting with a gavel? Heaven help us!

11 posted on 07/23/2003 10:58:12 PM PDT by EGPWS
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To: EGPWS
oops, my wandering mind just snapped into place. Sorry for the misinterpetation Judge AND all.
12 posted on 07/23/2003 11:02:31 PM PDT by EGPWS
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To: <1/1,000,000th%
I can't believe these guys are going to get off on such a technicality.

Yea, especially after a fine upstanding citizen like O.J. Simpson went to death row for something he didn't do! /sarcasm

13 posted on 07/23/2003 11:05:44 PM PDT by EGPWS
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To: Spyder
If we're lucky, one day the San Andreas will open up and swallow that 9th circuit court, never to be seen again! Please Lord let it be soon.
14 posted on 07/23/2003 11:06:48 PM PDT by DoughtyOne
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To: DoughtyOne
I've often thought that, with the amazing frequency with which the Supremes overrule the 9th's cases: why don't they send a message, as a deterrent, and order all 9th Circuit decisions suspended until approved by the high court?
15 posted on 07/24/2003 3:36:33 AM PDT by Hebrews 11:6 (Look it up!)
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.
16 posted on 07/24/2003 6:05:15 AM PDT by firewalk
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To: Hebrews 11:6
Good question. I know of no provision to clean out a rogue court. The Ninth is completely out of control. It would be very enlightening to know which party appointed the majority of those judges.
17 posted on 07/24/2003 6:56:21 AM PDT by DoughtyOne
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To: EGPWS
And after THAT decision she's still sitting with a gavel? Heaven help us!
Let me get this straight. You agree that the judge who denied the defense strategy is an idiot. So you also then agree with the Ninth Circuit Court ruling that the convictions should be overturned because of the idiot judge. Correct?
18 posted on 07/24/2003 7:36:39 AM PDT by drjimmy
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To: Lancey Howard
No, they killed a military man. Somewhat less than a human in the eyes of a liberal. Had the victim been a tree sitter from Greenpeace the shooters would have gotten the gas chamber followed by feeding the bodies to hungry badgers.
19 posted on 07/24/2003 8:55:59 AM PDT by blackdog (Who weeps for the tuna?)
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To: Liberals are Evil Socialists!
I think the 9th Circuit has been doing fairly well lately, for the most part. I will say this; if you need to have your rights protected from abuse by public officials, the 9th Circuit is w3here you want to be.
20 posted on 07/24/2003 9:01:19 AM PDT by connectthedots
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To: Lancey Howard
He was also an army pilot to boot. They drop bombs and blow up furry little creatures willy-nilly. Heartless unthinking thugs from the skies. He deserved to get his sooner or later.

That is the thinking of the judge.

21 posted on 07/24/2003 9:07:17 AM PDT by blackdog (Who weeps for the tuna?)
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To: blackdog
Imagine for one minute that the victim was a homosexual.
Can anybody say with a straight face that the Ninth Circus Court would have ruled the same way to overturn the convictions of the killers?
22 posted on 07/24/2003 11:36:20 AM PDT by Lancey Howard
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To: Lancey Howard
Man, can you make all my points for me? Thank you for cohesively getting my point and bettering it.
23 posted on 07/24/2003 1:35:37 PM PDT by blackdog (Who weeps for the tuna?)
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To: Lancey Howard
Note to my survivors......

Should I ever become a victim of a violent crime, ending up dead or unable to communicate, my declaration of my homosexuality is in the lock-box with the stock certificates. It will be needed in order to seek justice. I included a few photos of Richard Simmons, Elton John, and a few "Fist" magazines just for authenticity.

24 posted on 07/24/2003 1:39:12 PM PDT by blackdog (Who weeps for the tuna?)
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