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]
posted on 07/23/2003 10:02:02 PM PDT
Like that will sell to a jury... blame the victim. Liberal Nine Circus clowns strike again!
posted on 07/23/2003 10:04:29 PM PDT
(In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
The trick is , if you want to save your mind, don`t think about this till election time
posted on 07/23/2003 10:06:01 PM PDT
(first the public employees, next the fish and, finally, the children)
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.
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.
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 "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.
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.
Even if the government does not appeal, the men could get several years in prison because their robbery convictions were upheld.
posted on 07/23/2003 10:38:48 PM PDT
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.
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.
posted on 07/24/2003 6:05:15 AM PDT
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