Ninth Circuit Outrage

KITV News ^ | 07/23/03 | KITV.com

[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.

[Spyder]

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]

[goldstategop]

Like that will sell to a jury... blame the victim. Liberal Nine Circus clowns strike again!

[bybybill]

The trick is , if you want to save your mind, don`t think about this till election time

[Liberals are Evil Socialists!]

Oh well, I have gotten one of Judge Gillmor's rulings reversed by the Ninth Circuit also. She is an idiot!!

[Lancey Howard]

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.

[LasVegasMac]

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

[gcruse]

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. 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.

[<1/1,000,000th%]

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.

[Spyder]

Why excerpt all but the last two paras?

Sorry - wasn't sure of the copyright stuff.

[Spyder]

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.

[EGPWS]

She is an idiot!!

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

[EGPWS]

oops, my wandering mind just snapped into place. Sorry for the misinterpetation Judge AND all.

[EGPWS]

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

[DoughtyOne]

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.

[Hebrews 11:6]

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?

[firewalk]

.

[DoughtyOne]

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.

[drjimmy]

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?

[blackdog]

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.

[connectthedots]

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.