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Jury finds Roderick Scott not guilty (indicted for self-defense shooting)
Copyright 20062009 GateHouse Media, Inc. Some Rights Reserved. ^ | Dec 19, 2009 @ 10:29 AM | By Staff reports

Posted on 12/20/2009 7:30:08 AM PST by Behind Liberal Lines

Rochester, N.Y. —After nearly 20 hours of deliberating, a jury has found Roderick Scott not guilty of manslaughter.

Scott says he never meant to shoot and kill 16-year-old Christopher Cervini in April, when he caught the teenager and two others breaking into cars in his neighborhood.

Scott faced a charge of first-degree manslaughter. His trial in state Supreme Court began Nov. 30.

Scott says Cervini threatened him — and he fired his gun in self-defense....

Assistant District Attorney Julie Finnochio said she respects the verdict and recognizes that it was a difficult case.

"I just hope it's not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car," she said.

But Scott's attorney John Parrinello hopes it does send a message.

"That people that are out there take responsibility like Rod did that night," Parrinello said. "As I said, he was being a good neighbor and in an instant your life can change."

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


TOPICS: Constitution/Conservatism; Front Page News; US: New York
KEYWORDS: amendment; banglist; banglistforever; drunk; manslaughter; parents; punk; second; selfdefense
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1 posted on 12/20/2009 7:30:10 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines
Sorry....This guy should have been convicted. He went "hunting" for these kids.

All he had to do was stay in the house and wait for the cops.

These kids weren't the usual city gun toting gang types.L

I really think there was reverse "racism" here.

2 posted on 12/20/2009 7:35:56 AM PST by Sacajaweau
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To: Behind Liberal Lines

I hope it does send a few messages. Time for Castle Doctrine laws, Don’t Tread on Me and Criminals will be shot on sight.


3 posted on 12/20/2009 7:36:51 AM PST by Rudolphus (Tagline? I don't need no steenkin' tagline.)
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To: Behind Liberal Lines

“I just hope it’s not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car,” she said.

I dunno it might stop a number of break-ins from happening.


4 posted on 12/20/2009 7:37:13 AM PST by vladimir998 (Part of the Vast Catholic Conspiracy (hat tip to Kells))
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To: Sacajaweau

5 posted on 12/20/2009 7:38:56 AM PST by chuck_the_tv_out ( <<< click my name: now featuring Freeper classifieds)
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To: Behind Liberal Lines
"I just hope it's not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car,"

I just hope it's a message to the community that trying to break into a car is NOT a good idea.

As for whether he should have been acquitted, I have not read all the details and cannot be certain (although I lean toward trusting the jury on this one). I do think that even if he encroached on their "comfort zone" and even if his actions triggered an aggressive response from the criminals, it was okay for him to defend himself against that aggressive response. I have seen far too many career criminals who go through the revolving door of our "justice" system; these were criminals and I don't mind seeing a few of them go through the one-way door of the county morgue.

6 posted on 12/20/2009 7:43:06 AM PST by TurtleUp ([...Insert today's quote from Community-Organizer-in-Chief...] - Obama, YOU LIE!)
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To: Sacajaweau
All he had to do was stay in the house and wait for the cops.

...so they could show up and make out a report after the kids left with the loot?

7 posted on 12/20/2009 7:44:52 AM PST by Behind Liberal Lines
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To: Sacajaweau
These kids weren't the usual city gun toting gang types.

Just the usual outstanding citizen of the month auto burglary types.

8 posted on 12/20/2009 7:46:42 AM PST by Tijeras_Slim (Live jubtabulously!)
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To: Behind Liberal Lines
Sure beats a dead 16 year old kid...(A report of a dead kid is better)

Kids do stupid things...but these kids weren't physically threatening anyone....

9 posted on 12/20/2009 7:48:34 AM PST by Sacajaweau
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To: Sacajaweau

You are a complete idiot. The police never arrive on time. After 11 grade I was working at a gas station. I had another customer call the police. My town was 4 square miles. Customer reported they had guns. It took our cop 30 minutes to arrive. That was 20 minutes after I tricked them and they left. You risk your life waiting on the police stupid.


10 posted on 12/20/2009 7:52:41 AM PST by bmwcyle (Free the Navy Seals)
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To: Sacajaweau
these kids weren't physically threatening anyone....

That apparently isn't what the jury believed:

Scott said when he told the three people he had called the police, two of them stopped, but the third — Mr. Cervini — ran toward him.

Scott testified he heard Mr. Cervini say: “I’ll get you or I’ll get him,” and that’s when Scott said he had a gun. That’s when he fired his gun, Scott said.

Scott said he went back to his house and told girlfriend to call 911 again, and checked on Mr. Cervini twice and didn’t see him moving. Then a police officer showed up, drew his gun and told Scott to put his hands in the air.


11 posted on 12/20/2009 7:56:34 AM PST by Behind Liberal Lines
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To: vladimir998
We have several around here who spend their time doing graffiti, busting side windows in cars, and breaking down fences ~ etc.

Just a matter of time until they meet up with a pitbull or something.

Hey, they might even stupidly try to break into the home of one of the embassy guards ~ they're all third-worlders with diplomatic immunity too.

I can hardly wait.

12 posted on 12/20/2009 7:58:25 AM PST by muawiyah
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To: Behind Liberal Lines

“”I just hope it’s not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car,” she said.”
Why not. There’d be a lot less thieving going on.


13 posted on 12/20/2009 7:59:19 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Sacajaweau

“All he had to do was stay in the house and wait for the cops.”
Yeah. Good plan. I totally disagree. You want to be a thief, you get what’s coming to you.


14 posted on 12/20/2009 8:00:32 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: bmwcyle

There is truth in the quote, “When seconds count, the police are minutes away.”


15 posted on 12/20/2009 8:00:59 AM PST by burroak
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To: Sacajaweau; All
"Wait for the cops"

LOL, oh aren't YOU the funny one!

Maybe the cops could have brought some coffee and donuts while they filled out a report from Mr. Scott which would then be summarily sh*t-canned.

The little thug threatened Mr. Scott, and Mr. Scott blew his ass away.

The punk won't be making any more threats, nor breaking into any more cars.

I love happy endings.
16 posted on 12/20/2009 8:05:06 AM PST by mkjessup (Dec 20, 1941 - President Franklin D. 0bama changes his name to "Kyushu 0bama San")
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To: Behind Liberal Lines

“I just hope it’s not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car,”

Why Not? First off what’s the punk doing breaking into my can and how am I suposed to know if he is armed or not.Especially with others helping him. If you and your friends are breaking into my car or home or anyother thing I own then you will have to take the final outcome.BANG problem solved.


17 posted on 12/20/2009 8:05:43 AM PST by bikerman (Buck Farack)
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To: Behind Liberal Lines
I recall seeing a case on Court TV years ago. It happened out in California. There was a spate of freeway sniping cases going on.

Some yutes picked this time to drive around taking out windows with wrist rocket slingshots.

They shot out a window at one house. The home owner, a Senior Chief in the US Navy, grabbed his handgun and went outside.

Spotting a car down the block, (The yutes had pulled over), he approached, gun in hand.

The homeowner said he saw one of the yutes, "Make a move" , or something to that effect.

The homeowner shot one of the yutes killing him.

The homeowner was acquitted.

18 posted on 12/20/2009 8:16:35 AM PST by csvset
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To: Behind Liberal Lines
it's a regular Thug-Corridor btwn Rochester and Elmira/Ithaca now...
19 posted on 12/20/2009 8:22:39 AM PST by Chode (American Hedonist *DTOM* -ww- I AM JIM THOMPSON!)
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To: Sacajaweau

Next time something like this happens to you call the cops and call for pizza delivery. See which gets there first. Police do not prevent crimes, they come after the fact and take reports to turn over to insurance companies. Nice if you have insurance and no deductible. The best crime prevention is an armed and vigilant populace.


20 posted on 12/20/2009 8:23:28 AM PST by Rudolphus (Tagline? I don't need no steenkin' tagline.)
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To: Sacajaweau

I’m curious, what do you think the police should have done if they did respond, did catch the kids in the act, and the kids resisted? What if it was a single policeman and the kids moved on him in a threatening way? Every person should have the same rights and perview as the police when it comes to protecting their own property.

There should be no law that requires people to standby while their possessions are taken from them and their property destroyed. It isn’t civilized.


21 posted on 12/20/2009 8:31:30 AM PST by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
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To: Scotsman will be Free
Just me, maybe, but I would never use deadly force to defend a car, regardless of what the law says.

Could I in good conscience live with that trade off?

Is the car worth defending yourself in some civil suit to claim damages?

Should it be the death penalty for the crime of stealing a car?

I don’t know the facts of this case, but I would hate to suffer the reality of the aftermath of shooting someone not placing me or another in fear of death or great bodily harm.

Having said that, is that was is going on here? If the shooter is to be believed, he in fact was reasonably in fear of death or great bodily harm, and probably did shoot to protect himself, not to stop the theft.

Therefore, the prosecutor is wrong in drawing the inference - it was not about defending the car, it was about defending himself.

For the prosecutor to conflate what are two separate issues is a good reason why the jury did not find him guilty, and why the prosecutor was maybe overagressive in prosecuting him in the first place.

I hope that the shooter finds peace with his decision, and continues to believe that it is all right for him to defend himself when threatened.

22 posted on 12/20/2009 8:37:23 AM PST by LachlanMinnesota
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To: Sacajaweau
What a bunch of whiny nonsense!

We are not obliged to sit by, during the commission of a crime and hope the cops show up in time.
There is no reason to believe the thieves were not armed and there is no reason to believe that THREE punks challenging you are not a threat.

Rather than pronouncements about “cold blooded murder”, the father should examine why he didn't teach his son that there are consequences for crime, and that it's not just the next step in hide ‘n seek.

23 posted on 12/20/2009 8:37:34 AM PST by G Larry (DNC is comprised of REGRESSIVES!)
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To: Behind Liberal Lines

If these thug kids had not been out stealing cars, the punk would not have been shot. Period. So Scott should have retreated into his house and allowed his vehicle to be stolen/vandalized? BULL!! And although this article makes no mention of it, the punk kid started TOWARDS Scott. The jury should not have been deadlocked. In fact in this case 12 people should have been able to PHONE in their votes.


24 posted on 12/20/2009 8:38:32 AM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Sacajaweau
All he had to do was stay in the house and wait for the cops.

Yes, all the best sheep do. Latte?

25 posted on 12/20/2009 8:43:12 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Behind Liberal Lines
What? Junior was drunk?

Toxicologist: Cervini Legally Drunk When Shot

Rochester, N.Y. – Testimony in the Roderick Scott case Friday revealed that Christopher Cervini was drunk when he was shot, according to Assistant District Attorney Julie Finnochio.

Jeanne Beno, the chief toxicologist for the Medical Examiner’s office, testified Friday that Cervini’s blood alcohol content ranged from 0.09 percent to 0.13 percent in different tests.

Cervini also tested positive for a proper dose of amphetamine in his blood, which Beno testified would counteract the alcohol and make Cervini less impaired than if he was just drinking.

Beno also testified there were traces of marijuana in Cervini’s blood, but that the concentrations were so small that they indicated only “past use.”

Cervini’s cousin, James Cervini, and friend Brian Hopkins testified earlier this week that they were not drunk and Cervini did not appear drunk.

Scott is on trial in the April 4 shooting death of Christopher Cervini on Baneberry Way in Greece. The teen had been rifling through cars when Scott confronted him.

The trial is expected to continue Monday with testimony from the Medical Examiner's office.

26 posted on 12/20/2009 8:43:54 AM PST by csvset
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To: LachlanMinnesota

“...but I would never use deadly force to defend a car, regardless of what the law says.”

The gun is to defend YOURSELF against PUNKS, who don’t like having their crime interrupted!


27 posted on 12/20/2009 8:44:10 AM PST by G Larry (DNC is comprised of REGRESSIVES!)
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To: Behind Liberal Lines
Roderick Scott trial: Pathologist testifies about Cervini's gunshot wounds

Link only.

Two shots, one fatal.

28 posted on 12/20/2009 8:48:21 AM PST by csvset
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To: csvset

The standard of using Deadly Force in all Self Defense situations shall be the same for All People.

this would correct the problem immediately


29 posted on 12/20/2009 8:54:14 AM PST by eyeamok
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To: G Larry

As I pointed out later in my post.


30 posted on 12/20/2009 8:59:07 AM PST by LachlanMinnesota
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To: G Larry
Yep, a white punk on dope, (speed) and drunk to boot..

Mr. Scott has a right to defend himself against violent attack by this miscreant.

He shouldn't be scolded to cower inside his home.

If the cops had managed to catch the gang, they'd have been out of jail in no time.

Meanwhile the victims are stuck with loss of property.

Mr Scott sounds like a stand up guy, (I haven't read anything to indicate otherwise.)

31 posted on 12/20/2009 9:04:22 AM PST by csvset
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To: LachlanMinnesota
For the prosecutor to conflate what are two separate issues is a good reason why the jury did not find him guilty, and why the prosecutor was maybe overagressive in prosecuting him in the first place.

Exactly. Only a minor correction needed.

The state should be required to reimburse his legal expenses, and the blame should be on the grandstanding prosecutor.

32 posted on 12/20/2009 9:16:43 AM PST by cynwoody
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To: Behind Liberal Lines

1. 17 year olds know when they are breaking the law and they are NOT KIDS. If they are charging at you they mean you harm. It’s not a racist thing, it’s a survival thing

2. This perp had both marijuana, alcohol and speed in his system.

3. We have a right to protect our community, our homes and ourselves. Remember when seconds count the police are minutes away. This should never have gone to trial.

4. The family of the perp is a real winner and should have taken corrective action a long time ago. Maybe then they would not have a dead son.


33 posted on 12/20/2009 9:17:06 AM PST by longun45 (Still think a revolution cannot happen here? It's coming and gaining speed.)
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To: Sacajaweau
I really think there was reverse "racism" here.

Or maybe just actual racism on someone else's part...

Hmmm...

34 posted on 12/20/2009 9:21:04 AM PST by NucSubs ( Cognitive dissonance: Conflict or anxiety resulting from inconsistency between beliefs and actions)
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To: chuck_the_tv_out

What’s your point?


35 posted on 12/20/2009 9:21:25 AM PST by NucSubs ( Cognitive dissonance: Conflict or anxiety resulting from inconsistency between beliefs and actions)
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To: Sacajaweau
All he had to do was stay in the house and wait for the cops.

Yep, that's worked so well in the past.

A man has the right to defend himself, his family and his property. If someone wants to die over property then so be it.

Sometimes you have to take matters into your own hands and hopefully it turns out in your favor.

36 posted on 12/20/2009 9:26:53 AM PST by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: NucSubs
What’s your point? What in my post attracted your comment?
37 posted on 12/20/2009 9:33:01 AM PST by chuck_the_tv_out ( <<< click my name: now featuring Freeper classifieds)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
shoot and kill 16-year-old Christopher Cervini in April, when he caught the teenager and two others breaking into cars in his neighborhood
What? He didn't have two more bullets?
38 posted on 12/20/2009 9:40:31 AM PST by SunkenCiv (My Sunday Feeling is that Nothing is easy. Goes for the rest of the week too.)
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To: Sacajaweau
So because the bad guy had an Italian last name, he's not the typical gang type?

Punks are punks. He shouldn't have been breaking into cars, nor threatening citizens in the neighborhood. Did Roderick Scott, outnumbered 3 to 1, know he was unarmed under the cover of darkness?

39 posted on 12/20/2009 9:46:49 AM PST by Darren McCarty (We do what we have to do.)
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To: Sacajaweau
*** All he had to do was stay in the house and wait for the cops. ***

Uh-huh. Do you know the average response time from a beat cop for a call: 'kids breaking into cars'?

No? Well for that type of call, they usually go to the bathroom after they finish the donut and before they get in the patrol car.

And please. No 'its only property that can be replaced', stuff. If someone goes after my stuff, they're going after me.
(I HATE thieves - of any age, or color)

40 posted on 12/20/2009 9:47:39 AM PST by Condor51 (The difference between stupidity and genius is that genius has its limits)
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To: unixfox

I am sure this man did not want to kill him, but stealing is just as risky as defending yourself.

Had this kid been driving 110 miles an hour and hit a tree, sure, I would say he didn’t deserve to die, but I also would have understood why he died. He was reckless, and so it auto theft.

When you try to steal from someone, you must understand that there are inherent dangers. Had his parents raised him properly, this youth would have known that. I leave Mr. Scott blameless in this matter. I too would have went out there with my pistol and it could have ended up the same way.


41 posted on 12/20/2009 9:50:20 AM PST by Outraged At FLA
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To: chuck_the_tv_out

You first.


42 posted on 12/20/2009 9:57:47 AM PST by NucSubs ( Cognitive dissonance: Conflict or anxiety resulting from inconsistency between beliefs and actions)
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To: Sacajaweau

yes, we should all run and hide from the bad guys stealing from us. Next they’ll be in our homes stealing from us and then its us that wind up dead instead of the thief....


43 posted on 12/20/2009 9:59:05 AM PST by goat granny
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To: Behind Liberal Lines
"I just hope it's not a message to the community that you have the right to shoot a 17-year-old unarmed kid for trying to break into a car," she said.

We do in Texas.

Doesn't mean it's the best idea in the world.

But if 17 y/o kids don't want to get shot, they should not be breaking into other people's property.

44 posted on 12/20/2009 10:14:55 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Sacajaweau
That's funny. Can you forward along a few more comments?
With the latest news about nationalized health care, global warming, and trillion dollar deficits we can use the humor.

45 posted on 12/20/2009 10:18:23 AM PST by vox_freedom (America is being tested as never before in its history. May God help us.)
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To: mkjessup

Where I live, “wait for the cops” means an hour wait during 9am to 5pm and a 3 hour wait from 5pm to 9am.

So here no body messes around with others property. It can get you dead quickly.People tend to ask few questions and call a neighbor for help. And within minutes guns are up.


46 posted on 12/20/2009 10:23:04 AM PST by Candor7 ((The effective weapons Against Fascism are ridicule, derision , truth (.Member NRA))
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To: Sacajaweau
He went "hunting" for these kids.

I'd only prosecute him if he did so out of season.

47 posted on 12/20/2009 10:23:40 AM PST by Lazamataz (DEFINITION: rac-ist (rA'sis't) 1. Anyone who disagrees with a liberal about any topic.)
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To: goat granny
yes, we should all run and hide from the bad guys stealing from us. Next they’ll be in our homes stealing from us

That would be Obama's new "tax collector corps".

48 posted on 12/20/2009 10:23:54 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Behind Liberal Lines

Like to know the physical sizes of Scott and Cervini and how close Cervini was to Scott when the shooting happened.


49 posted on 12/20/2009 10:23:57 AM PST by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck. (Let them eat arugula!))
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To: NucSubs
What’s your point?

Simple:

You understand now?

50 posted on 12/20/2009 10:27:11 AM PST by Lazamataz (DEFINITION: rac-ist (rA'sis't) 1. Anyone who disagrees with a liberal about any topic.)
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