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When You’re Falsely Accused of a Gun Crime – 12 Things You Need to Know
ammoland.com ^ | 28 November, 2012 | Michelle Gesse

Posted on 11/29/2012 7:30:02 AM PST by marktwain

Until you’re accused of a crime, you may be blissfully ignorant of the fact that “innocent until proven guilty” is a myth. In reality, it’s the opposite. Michelle Gesse, whose husband lived the nightmare of being falsely accused of a firearms related felony, explains what all Americans need to know now about the criminal justice system.

Boulder, CO (November 2012)—The scary part of this story is how easily it could happen to any one of us.

Steven and Michelle Gesse thought that the small dinner party they hosted on the night of April 5, 2009, would be just that: an informal, pleasant gathering of neighbors over good food and good wine.

Instead, it turned out to be the beginning of a nightmarish spiral into a confusing and frightening justice system that in practice, if not in theory, considers you to be guilty until proven innocent.

“During dinner that night, my husband, Steven, made an offhand comment that offended one of our guests,” recalls Michelle Gesse, author of the new book Bogus Allegations: The Injustice of Guilty Until Proven Innocent (Johnson Books, March 2012, ISBN: 978-1-55566-450-3, $17.95). “We were not even aware that she was offended since the remainder of the evening passed pleasantly. But what took place later that night changed the course of our lives forever. Never, in a million years, could we have imagined it could happen to us.”

Steven and Michelle were stunned and terrified when the neighbor’s son, who had also been a guest at the dinner party (and was an active Navy Seal), returned later in the evening threatening Steven and demanding an apology. Thinking, Okay, I’ll go over and apologize and be done with it, Steven went next door to try to smooth things over.

Later that night the Gesses were shocked when law enforcement officers arrived at their home in the middle of the night to arrest Steven and search their home. As it turned out, Michelle reports, the son of the offended guest had falsely accused Steven of threatening him with a gun.

Over the next seven months, she would watch helplessly as her innocent husband was treated by the justice system as a criminal whose guilt was already assumed.

“Steven’s name—but not his accuser’s!—was printed in all the local newspapers in connection with the case,” she describes. “We were in and out of court, and were forced to spend our retirement money to fund Steven’s defense. And as part of the conditions of his bail, Steven had to receive special permission to leave the state, and had to meet regularly with a drug counselor.

“He even had to appear for random breathalyzer tests,” she adds. “While it may not seem like a big deal on the surface, it meant he couldn’t even enjoy a glass of wine with dinner and had to be available for the test whenever required. That’s just how deeply this experience insinuated itself into the fabric of our day-to-day lives.”

On October 28, 2009, Steven Gesse was found not guilty of Felony Menacing and Prohibited Use of a Weapon by a jury. Yet being exonerated did not make up for the fact that he had been treated like a convicted felon. The unfairness of it all set Michelle Gesse on a mission to shine a spotlight on the injustices of the American justice system—and to make people aware of what to do in case they are ever falsely accused.

“Proving that Steven was innocent—innocent!—cost us, not Steven’s false accuser, so much time, stress, energy, and money,” Gesse says. “That’s not what I had pictured ‘justice’ to be before experience taught me otherwise. Now I know, among other things, that you need a committed lawyer and a healthy bank account to beat a completely bum rap.”

Of course, few people give much thought to what they should do (and not do) if they are falsely accused. But like the Gesses, prior to their ordeal, you too might have an “it’ll never happen to me” attitude. But the truth is, there’s no way to know for sure what curveballs life might have in store—and it’s better to be safe than sorry.

Read on for 12 lessons that Michelle Gesse has learned in the Criminal Justice School of Hard Knocks. Having this information beforehand might make a huge difference if you or a loved one is ever falsely accused of a crime.

Have an “arrest plan” in place (yes, it could happen to you). Generally, people don’t assume that their homes will catch fire. Statistically speaking, it’s not a likely occurrence. But most people still take out homeowner’s or renter’s insurance, just in case. Likewise, though you hope it’ll never happen, you teach your child to scream and run if accosted by a stranger. You’ve probably considered what you’d do if someone approached you in a dark parking lot. And depending on where you live, your family may have a wildfire, hurricane, tornado, or earthquake plan in place. In the same way, says Gesse, you should think through and be prepared for a possible arrest.

“None of us think something like this could happen to us, but it is possible that at some point in your life you or someone you love may be arrested,” she says. “It could be your spouse, your child, a relative, or a good friend. What would you do if this happened? Would you be forearmed with any strategy or knowledge, or would you be floundering, completely at the mercy of ‘the system’? Believe me, it’s a good idea to think about what you would do if you were confronted by the police at your own front door, or how you might respond if you received a phone call telling you that a loved one had been arrested. That disaster may have a higher probability than many of those for which you have prepared.”

Likewise, it is wise to have “the talk” with your kids beforehand. This particular “talk” should be about what they should do if they are ever arrested or interrogated by law enforcement officers, regardless of the reason.

Be the first to call 911. The person to call 911 is always going to be considered the victim, regardless of the circumstances. If you find yourself in any sort of threatening situation, whether it’s with a family member, friend, coworker, or complete stranger, don’t hesitate. Be the first to call 911. While it may not seem “right” or “fair,” the first person to call 911 is going to be regarded as the victim, regardless of the facts or the truth.

“Even though he was telling a blatant lie, Steven’s accuser was treated by law enforcement as the victim since they heard his version of the story first,” Gesse recalls. “As we learned, once you have been taken into custody, you have been classified as the perpetrator of the crime. The so-called victim will receive support from victims’ advocates, the press, law enforcement, the community, etc., while you and your family are on your own to clear your name. Trust me, being the first to pick up the phone can save you an unimaginable amount of stress, time, notoriety, and money.”

Everyone involved has the right to remain silent. Imagine the following scenario: Your spouse (or any loved one) has just been handcuffed and taken away from your home in a police car. You are out of your league with no idea what is going on, and you’re struggling with feelings of anxiety, panic, confusion, and fear. Meanwhile, other officers and detectives have remained at your residence. Your first instinct is to talk to them, to tell them the truth about what happened, and to prove to them that your spouse has done nothing wrong. Don’t.

“Even if you aren’t the person being accused of a crime, exercise your right to remain silent!” Gesse stresses. “Don’t talk to anyone without a lawyer present. I shouted that very warning at my husband as the police put him in the squad car, but it never occurred to me that I should follow my own advice as I sat at home with a deputy waiting for the search warrant to arrive. In court I was grilled by the prosecution about what I said and what I didn’t say. If Steven had been found guilty because of something I’d said, or a fact I hadn’t mentioned had put doubt into the jury’s minds, I would never have forgiven myself.”

Insist on a search warrant, even if you have nothing to hide. “Can we search the house?” If you know that you have not committed any wrongdoing and have nothing to hide, you may be tempted to answer this question with a “yes.” The more cooperative I am, the sooner this will be over, you reason. Maybe the officers will even see that I’m innocent, and my family will never be bothered again.

“Squelch the impulse to be open and helpful, and don’t allow anyone to search your house without a warrant,” Gesse instructs. “Insisting on the warrant was probably the smartest thing I did the night my husband was arrested. As I found out later, it can tell your lawyer what the police were looking for. And if the search wasn’t executed properly, having the warrant might make whatever was found ineligible to be introduced as evidence. Remember, it’s always best to have physical documentation when you’re dealing with the criminal justice system.”

Realize that the criminal justice system is hard on the innocent. If you have ever watched one of the many television shows or movies that’s based around the legal system, you might take it for granted that the law officers, investigators, and prosecutors are going to search for the truth and examine the evidence before prosecuting. According to Gesse, that’s Hollywood—reality looks very different.

“The criminal justice system in the U.S. is a ‘flow system,’” she explains. “By that, I mean that the system wants to dispose of as many cases as quickly as possible. They do this by negotiating plea bargains. A plea bargain is the quickest and least expensive way for them and for you to end the process. Accepting a plea bargain even to a lesser offense, however, may mean having a criminal record as well as having conditions imposed on you like alcohol testing, community service, or limits on travel. Would you be willing to do that if you knew you were innocent? My husband wasn’t willing to make that sort of deal (with my full support), and we ended up paying financially and emotionally for not playing the game the system’s way.”

Expect to be treated like you’re guilty. Again, what you see on TV and what happens in real life are two different things. As Gesse has pointed out, the criminal justice system is focused on prosecution and on garnering guilty verdicts, so don’t expect a full-scale Law and Order- or CSI-type investigation. Instead, expect to be prosecuted even if the facts and evidence don’t support a guilty verdict.

“Unless your case is extremely high-profile, it’s unlikely that the prosecutor will even review the case file until shortly before the trial,” Gesse says. “And the prosecutor will proceed even when the supposed victim indicates that he or she prefers to put an end to the proceeding. Meanwhile, you might be forced to live under court-ordered stipulations that resemble nothing so much as parole.

“For instance, Steven had to submit to random alcohol testing, had to meet with a drug counselor, couldn’t be in proximity to weapons, and couldn’t leave Colorado without special permission. Not to mention the fact that we were in and out of court and his name was in the newspaper, while the supposed ‘victim’ walked free in anonymity! After Steven was acquitted, we practically had to beg the newspaper to run a story announcing that he had been found innocent.”

Proving your innocence comes with a very high price tag. Since Steven Gesse did not take the plea bargain he was offered and instead maintained his innocence, he paid a very high price. Proceeding to trial doubled the Gesses’ legal expenses and made the process last twice as long. In contrast, the false accuser did not have to pay legal fees, and his transportation to and from the trial was covered. And the sad reality is that the Gesses had no recourse to either the individuals or the legal system that falsely accused them and prosecuted them even after Steven was found not guilty.

“We do not in any way regret the decision to proceed to trial,” Gesse confirms. “It was the right decision for us, but many families will not have either the financial or emotional resources to successfully undertake this course of action. You need to know the costs in advance before deciding to go ahead. Yes, I know, it seems incredibly unfair—even unbelievable—that an innocent person would have to spend thousands upon thousands of dollars to prove that he has done nothing illegal. But that’s reality.”

Getting a lawyer doesn’t imply guilt. (In fact, innocent people need the most help!) Chances are, you’ve seen a TV show in which someone being questioned by the police asks, “Do I need a lawyer?” And the questioner responds with something like, “If you’re innocent, why would you need a lawyer?” or, “Just tell the truth. If you have nothing to hide, you won’t need an attorney.” Yes, these television personas make it seem like getting representation implies guilt. But if you’re ever falsely accused of a crime in real life, you’ve never needed a lawyer more.

“In my opinion, the innocent need legal help even more than the guilty,” Gesse says. “Think about it this way: You wouldn’t travel to a dangerous foreign country without hiring a good guide. And for all intents and purposes, the legal justice system is a dangerous foreign country. As an innocent person, you have no idea what’s going on, what to expect, or how to handle the many obstacles that will be thrown in your path. You certainly aren’t equipped to represent yourself in court. So yes, you’ll definitely need the help of an experienced professional if you don’t want to end up serving time for a crime you didn’t commit.”

Don’t skimp on a lawyer. If you are falsely accused of a crime and decide to proceed to trial, don’t skimp on a lawyer. This is not the time to save money. If your finances are tight, shop at discount stores and give up steak and wine—but don’t look for bargain legal counsel.

“If you go to trial, you want the best lawyer you can afford…or perhaps one a tad more expensive than you can afford,” Gesse asserts. “Personally, I’d rather go into debt than go to jail for something I didn’t do. If you simply cannot afford a lawyer, public defenders are an option. I’ll put in the caveat that I’m by no means an expert, but my impression is that a public defender will try to dispose of your case by urging you to take a plea bargain offer. Public defenders are overworked and have a lot of cases, so again, they’re probably looking for the easiest and fastest ‘solution.’”

You’re not as alone as you think you are. If you ever find yourself or a loved one falsely accused of a crime, you’ll probably feel alone and totally adrift. But keep in mind that more people than you would ever expect have found themselves in this situation. Unfortunately, an unwarranted sense of shame keeps most falsely accused individuals from sharing their stories. Don’t be afraid to do your own research on the subject of “false accusations” or to reach out to others who have been there. You will need to establish your own safety net of a very small number of individuals with whom you can confide.

“I have been amazed by the number of people who have told me similar stories about themselves, their family, or friends after Bogus Allegations was published,” Gesse shares. “These stories include an ex-boyfriend accusing a former girlfriend of a felony in order to get her deported, an ex-wife accusing her former spouse of hiding financial assets, and a teenage girl accusing a young man of inappropriate sexual advances. I promise you, you are not alone. And the advice and experiences of others—especially during your ordeal—can be an invaluable resource.”

Be prepared for an emotional roller coaster. If the process of going to trial is financially costly, it’s every bit as brutal on your emotional reserves. Expect for everyone in the family to feel stress, fear, anger, and exhaustion (just to name a few) on a regular basis. You might cry easily, little things will make you mad, and your sex life will likely suffer. So cut yourself and your loved ones some slack, and be easy on yourselves. This is not the time to go on a diet or start a new job. And don’t worry—feeling this way is normal.

“The seven months between when my husband was arrested and his trial were more stressful than watching both of my parents die of a fatal disease,” Gesse admits. “During those periods I could talk to friends. Everyone in my life was supportive. It was socially acceptable to fall apart. I wasn’t ashamed that my parents and I were going through the process. And there are plenty of available resources on how to deal with the death of a parent. However, none of that is the case when you’re dealing with the wrongful prosecution of a loved one. You can never escape the stress and strain, and there are very few emotional outlets available to you.”

You’ll find out who your true friends are. If you are wrongfully accused of a crime, you’ll probably be surprised and saddened by the number of people in your life who don’t want to be involved. People whom you had considered to be friends may pull away, become distant, or even refuse to help. Unfortunately, many individuals may feel so awkward even approaching the topic that they avoid it, denying you the support you need so badly. Sadly other “friends” may assume that since you have been arrested, you are probably guilty.

“A neighbor Steven and I had considered to be a very close friend attended the dinner party that sparked our whole nightmare,” Gesse recalls. “We assumed that of course he would be fully ‘on our side’ and willing to do whatever was necessary to clear Steven’s name. However, this man initially refused to even speak to our lawyer. He and his wife considered the situation to be ‘something between two neighbors’ and didn’t want to get involved. Steven and I were bitterly disappointed by what we saw as abandonment and betrayal. However, I do want to point out that other friends stepped up and went above and beyond the call of duty throughout those long seven months.”

“I can’t stress enough how important it is to know the facts about the criminal justice system, and to think about what you would do if you or someone you love is ever falsely accused,” Gesse states. “No, it will probably never happen to you. (I sincerely hope it doesn’t!) But if you ever find yourself in my family’s shoes, you’ll need all of the knowledge and resources you can possibly get your hands on.

“I used to think that the innocent had nothing to fear,” she concludes. “Now I know that the opposite is true. Our country’s criminal justice system puts the heaviest burden on the defendant…whether the accusations are well-founded or not.”

About the Author:

Michelle Gesse, author of Bogus Allegations: The Injustice of Guilty Until Proven Innocent, is a native of Chicago, IL. She earned a BS in mathematics from the University of Illinois, Urbana-Champaign, and completed her MBA at the University of Chicago. She spent 15 years in banking, working for Northern Trust in Chicago and Chase Manhattan in New York. From 1992 to 2011, Michelle successfully owned and ran a manufacturing company in Boulder, CO.

Michelle lives in Boulder, CO, with her husband, Steven. Before the incident described in Bogus Allegations, Michelle and Steven never thought that they would get involved in the criminal justice system.

For more information, please visit www.michellegesse.com.

About the Book:

Bogus Allegations: The Injustice of Guilty Until Proven Innocent (Johnson Books, March 2012, ISBN: 978-1-55566-450-3, $17.95) is available at bookstores nationwide, from major online booksellers, and at www.michellegesse.com.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events
KEYWORDS: banglist; constitution; crime; criminaljustice; false; legal; leo; rapeofliberty; waronliberty
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"Be the first to call 911. The person to call 911 is always going to be considered the victim, regardless of the circumstances. If you find yourself in any sort of threatening situation, whether it’s with a family member, friend, coworker, or complete stranger, don’t hesitate. Be the first to call 911. While it may not seem “right” or “fair,” the first person to call 911 is going to be regarded as the victim, regardless of the facts or the truth."

See the current Dunn and Joran case in Florida as an example.

1 posted on 11/29/2012 7:30:06 AM PST by marktwain
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To: marktwain

#13 - It’s probably not a good idea to try to “shoot your way out”.


2 posted on 11/29/2012 7:37:36 AM PST by Boogieman
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To: marktwain
Steven and Michelle were stunned and terrified when the neighbor’s son, who had also been a guest at the dinner party (and was an active Navy Seal), returned later in the evening threatening Steven and demanding an apology. Thinking, Okay, I’ll go over and apologize and be done with it, Steven went next door to try to smooth things over.

It's best, ahead of time, to invest in a good digital recorder, and record any conversations which might turn confrontational.

3 posted on 11/29/2012 7:38:53 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: marktwain
“During dinner that night, my husband, Steven, made an offhand comment that offended one of our guests,”

I read the article and didn't see what the offhand comment was. Not strictly relevant to the issue but I'm curious.

4 posted on 11/29/2012 7:45:34 AM PST by Bloody Sam Roberts
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To: marktwain

later read


5 posted on 11/29/2012 7:46:42 AM PST by wjcsux ("In a time of universal deceit, telling the truth becomes a revolutionary act." - George Orwell)
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To: marktwain

I suspect that if you are threatened in your own home by an active navy seal, a call to 911 may be wise.


6 posted on 11/29/2012 7:47:50 AM PST by Daveinyork (."Trusting government with power and money is like trusting teenaged boys with whiskey and car keys,)
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To: marktwain

The only people innocent even though proven guilty are the officially certified victim groups.


7 posted on 11/29/2012 7:48:08 AM PST by I want the USA back
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To: Bloody Sam Roberts

I know. The fact that they left out this central fact makes you kind of suspicious of the whole article.


8 posted on 11/29/2012 7:50:38 AM PST by DManA
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To: marktwain

I have always heard,1st one to get an Attny,wins”.

same premise I suppose


9 posted on 11/29/2012 7:50:53 AM PST by CGASMIA68
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To: marktwain

bump!


10 posted on 11/29/2012 7:52:14 AM PST by Mr. Silverback (Cigarettes are like squirrels: Perfectly harmless until you put one in your mouth and set it on fire)
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To: Bloody Sam Roberts

I learned a long time ago to keep neighbors as just that neighbors.
To many horror stories about neighborhood parties and get togethers that later produce bad feelings.


11 posted on 11/29/2012 7:53:42 AM PST by CGASMIA68
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To: Daveinyork
I suspect that if you are threatened in your own home by an active navy seal, a call to 911 may be wise.

If we accept that the accuser lied about the threat, perhaps he lied about being a Navy Seal. I wonder if anyone checked?

12 posted on 11/29/2012 7:54:20 AM PST by marktwain
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How about “dead men tell no tales”?


13 posted on 11/29/2012 7:54:52 AM PST by Arkansas Toothpick
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To: PapaBear3625; All

>>It’s best, ahead of time, to invest in a good digital recorder, and record any conversations which might turn confrontational.

There is a built-in recorder app on iPhones, and I expect Androids would have a similar app. I keep it close to the top left on my home screen. Learn to use the recorder app on your smartphone and/or tablet, if you have one.

It also wouldn’t hurt to learn to email the recording quickly. That way if you lose control of your phone, the recording is still accessible.


14 posted on 11/29/2012 7:56:15 AM PST by FreedomPoster (Islam delenda est)
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To: marktwain
Our country’s criminal justice system puts the heaviest burden on the defendant…

I wish they'd stop calling it the criminal justice system. One will not find justice at a court house. One will only find the law and those who are more than willing to manipulate it to serve their own ends.

15 posted on 11/29/2012 7:56:31 AM PST by Bloody Sam Roberts
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To: PapaBear3625

NEWARK – Citizens can hold police accountable in the palms of their hands with “Police Tape,” a smartphone application from the ACLU of New Jersey that allows people to securely and discreetly record and store interactions with police, as well as provide legal information about citizens’ rights when interacting with the police. Thanks to the generosity of app developer OpenWatch, the ACLU-NJ is providing Police Tape to the public free of charge.

“This app provides an essential tool for police accountability,” said ACLU-NJ Executive Director Deborah Jacobs. “Too often incidents of serious misconduct go unreported because citizens don’t feel that they will be believed. Here, the technology empowers citizens to place a check on police power directly.” In light of the frequency of altercations between citizens and seasonal police at the shore, the ACLU-NJ released the App in time for the July 4th holiday.

The Android “Police Tape” app records video and audio discreetly, disappearing from the screen once the recording begins to prevent any attempt by police to squelch the recording. In addition to keeping a copy on the phone itself, the user can choose to send it to the ACLU-NJ for backup storage and analysis of possible civil liberties violations.

A version awaiting approval from Apple will be available later this summer in the App Store for iOs to audio record encounters with police.

The popularity of cellphones with video capabilities has raised legal questions about the rights of citizens to record in public. Fortunately, the courts have sided with citizens. In May 2012, a federal appeals court struck down an Illinois law that had made it illegal for citizens to record police officers on-duty. Also in May 2012, the Civil Rights Division of the Department of Justice released a letter affirming the constitutional rights to record the police in public. These two developments came on the heels of a landmark ruling in August 2011, which recognized the right of citizens to record police officers after a Massachusetts man in Boston Common was wrongfully arrested for filming an interaction with a police officer.

“Historically, vivid images of police mistreating citizens have seared our public consciousness and in some cases spurred important changes,” said ACLU-NJ Policy Counsel Alexander Shalom. “Photos and video are critical to ensuring police accountability and police should know that the eyes of the public are on them at all times.”

The “Police Tape” app is available for download at http://www.aclu-nj.org/yourrights/the-app-place/. A how-to video created by the ACLU-NJ shows Lady Liberty as she goes through each step of the app as she records and uploads her own run-in with police. The New York Civil Liberties Union released a similar, New York City-specific app to target “stop and frisk” searches by the New York Police Department in early June.


16 posted on 11/29/2012 7:58:45 AM PST by Second Amendment First ("Those who hammer their guns into plows will plow for those who do not..." - Thomas Jefferson.)
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To: Daveinyork
I suspect that if you are threatened in your own home by an active navy seal, a call to 911 may be wise.

If you are threatened in your own home by ANYBODY, taking defensive measures (including a 911 call) may be wise. Going to another person's home, who is pissed off with you, is not wise.

17 posted on 11/29/2012 7:59:35 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: FreedomPoster

See post 16


18 posted on 11/29/2012 8:00:44 AM PST by Second Amendment First ("Those who hammer their guns into plows will plow for those who do not..." - Thomas Jefferson.)
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To: marktwain
One rule they should have considered is to never, ever set foot on the property of someone you are currently having conflict with.
19 posted on 11/29/2012 8:01:54 AM PST by Niteranger68 (When you play all-or-nothing, be prepared to get nothing...maybe even less.)
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To: marktwain
So there is no legal recourse against someone who files a false criminal complaint, affidavit, or purgers themselves?
20 posted on 11/29/2012 8:02:28 AM PST by uncommonsense (Conservatives believe what they see; Liberals see what they believe.)
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bookmark


21 posted on 11/29/2012 8:05:25 AM PST by freds6girlies (many that are first shall be last; and the last shall be first. Mt. 19:30. R.I.P. G & J)
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To: marktwain
I am surprised there aren't some civil remedies here....
....somewhere in the mix...

Just wonderin'...

22 posted on 11/29/2012 8:05:28 AM PST by Wings-n-Wind (The main things are the plain things!)
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To: uncommonsense

The word is “perjure” (verb form of “perjury”) ... and in practice it seems to be VERY difficult to get anywhere with charges thereof. A critical element of perjury is that the alleged perjurer must have been aware that the false testimony was false, and deliberately gave it anyway. Proving someone’s state of mind is not easy.


23 posted on 11/29/2012 8:05:50 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: marktwain

If you think the police are bad, try dealing with the subjective offenses of the Social Services people. They are vipers.


24 posted on 11/29/2012 8:09:16 AM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: marktwain

An “umbrella” rider on your homeowner’s insurance is a good idea. My husband was sued for $1 million by a former political candidate because my husband wrote a letter categorizing the candidate as a “double talker” — meaning that he switched sides frequently in his arguments. The candidate, who lost his election, accused my husband of poking fun at his “speech impediment”. (Who knew he had a speech impediment. Nobody had ever noticed it before.)

Our homeowner’s insurance covered the cost of an attorney, although the defense (proving that the candidate was a public figure by collecting 5 years’ worth of newspaper articles featuring the candidate and his activities) occupied better than a year of our time.

The suit was withdrawn eventually, although my husband lost an appointed position with the city. In this litigious society, I’d recommend that everybody have an umbrella policy if your insurance company offers it.


25 posted on 11/29/2012 8:10:16 AM PST by afraidfortherepublic
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To: marktwain

Scary especailly in the People’s Republic of Boulder !


26 posted on 11/29/2012 8:11:02 AM PST by CORedneck
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To: Niteranger68

Good point.Maybe they should have said like I have in the past,”F’em they’ll get over it”


27 posted on 11/29/2012 8:11:47 AM PST by CGASMIA68
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To: ArrogantBustard

“Going to another person’s home, who is pissed off with you, is not wise. “

Yeah. That’s what the telephone is for.


28 posted on 11/29/2012 8:12:00 AM PST by Daveinyork (."Trusting government with power and money is like trusting teenaged boys with whiskey and car keys,)
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To: Daveinyork

“Yeah. That’s what the telephone is for.”

That can be construed as harassment,so.....

thats what “F’em the’ll get over it” is for.


29 posted on 11/29/2012 8:15:56 AM PST by CGASMIA68
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To: FreedomPoster
Just checked my iPhone and you are correct. Also there is a share button that probably goes to your contact menu. Good thing to know.

I also would have liked to know what comment was.

And for Gods sake take a witness.

30 posted on 11/29/2012 8:20:22 AM PST by Conservative4Ever (I'm going Galt.)
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To: PapaBear3625

Sue the Seal. I hope they did it—


31 posted on 11/29/2012 8:20:59 AM PST by Mamzelle
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To: Pontiac

bump for later


32 posted on 11/29/2012 8:24:41 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: PapaBear3625

This whole story sounds fishy.


33 posted on 11/29/2012 8:25:40 AM PST by AppyPappy (If you really want to annoy someone, point out something obvious that they are trying hard to ignore)
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To: Bloody Sam Roberts

Having spent a rather unpleasant Thanksgiving holiday, I can imagine.


34 posted on 11/29/2012 8:26:45 AM PST by Mamzelle
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To: marktwain

Here’s a tip.

Tall fences make good neighbors.

Don’t invite them over. Don’t get involved with them. The extent of your contact with them should be an occasional friendly wave. Just some friendly advise.


35 posted on 11/29/2012 8:27:46 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: marktwain

I’m not worried, Eric Holder has my back.


36 posted on 11/29/2012 8:30:16 AM PST by NonValueAdded (Happy 10th FR birthday to meeeeeeeeee)
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To: FreedomPoster

Digital recordings are not accepted in courts of law, same as digital photos.. Tape and film are, though...
Found this out the hard way.


37 posted on 11/29/2012 8:31:47 AM PST by ArtDodger
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To: ArrogantBustard
"A critical element of perjury is that the alleged perjurer must have been aware that the false testimony was false, and deliberately gave it anyway"

In this case, the article said that the defendant was proven "innocent" versus the lower threshold of insufficient evidence to prove guilt. The accuser filed a criminal complaint that the defendant came to their house and threatened the family with a gun. The accuser would have had to testify (called by defense attorney) or drop the case. Along with the original complaint, this would have to be knowingly lying under oath, not simply mistaking someones identity.

38 posted on 11/29/2012 8:33:25 AM PST by uncommonsense (Conservatives believe what they see; Liberals see what they believe.)
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To: marktwain

“In my opinion, the innocent need legal help even more than the guilty,” Gesse says. “Think about it this way: You wouldn’t travel to a dangerous foreign country without hiring a good guide. And for all intents and purposes, the legal justice system is a dangerous foreign country. As an innocent person, you have no idea what’s going on, what to expect, or how to handle the many obstacles that will be thrown in your path. You certainly aren’t equipped to represent yourself in court. So yes, you’ll definitely need the help of an experienced professional if you don’t want to end up serving time for a crime you didn’t commit.”

I can certainly relate, having gone through something similar recently. The criminal “justice” system is nothing but a racket. If the Mob were doing the same thing it would be call extortion. Nothing but a money machine.

I will say this. In my opinion, and take that for what it is an opinion only. Do everything you can to stay as far away and under the radar as you can from the cops. I mean something as simple as a headlight out. Jaywalking. Whatever. As far as calling 911. I made that mistake once. It came real close to being tragic. That’s a different story. But I won’t make that mistake again.


39 posted on 11/29/2012 8:35:08 AM PST by saleman (!!!!)
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Support Free Republic
FReepathon Day 60.

40 posted on 11/29/2012 8:36:09 AM PST by RedMDer (Please support Toys for Tots this CHRISTmas season.)
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To: t1b8zs

You got that right!


41 posted on 11/29/2012 8:40:06 AM PST by Rich21IE
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To: Bloody Sam Roberts
I read the article and didn't see what the offhand comment was.

Taking the typical liberal mindset into account, and the typical liberal reaction to perceived slights, it was probably something about Obama or his effects on America. Consevatives tend to ignore or logically respond to liberal pronouncements.

42 posted on 11/29/2012 8:41:27 AM PST by JimRed (Excise the cancer before it kills us; feed &water the Tree of Liberty! TERM LIMITS, NOW & FOREVER!)
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To: ArtDodger
Digital recordings are not accepted in courts of law, same as digital photos..

Wrong.

43 posted on 11/29/2012 8:43:33 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: marktwain

The reporter left out the most important detail of the issue, which is, what Mr. Gesses actually said to cause this whole kerfuffle.

Without that, the reader is left to surmise that he’s a victim in this story, when in fact, he may have said something that truly warranted such an extreme response.


44 posted on 11/29/2012 8:48:17 AM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: t1b8zs
I have always heard,1st one to get an Attny,wins”.

The cops always have an attorney. That's why you never want to talk to them without one on your side. The system is set up to maximize arrests and convictions, not for "truth and justice". It's a merciless machine, and you had better use everything at your disposal to defend yourself.

A LEO I know acutally once said, "We don't arrest innocent people!"

For those who haven't watched these videos, I *HIGHLY* recommend them:

Don't Talk to Cops - Part 1

Don't Talk to Cops - Part 2

45 posted on 11/29/2012 8:50:31 AM PST by TChris ("Hello", the politician lied.)
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To: uncommonsense
So there is no legal recourse against someone who files a false criminal complaint, affidavit, or purgers themselves?

It's up to the prosecutor & judge whether anything comes of perjury.

But a guy can always pursue a big lawsuit for defamation, etc., against the false accuser.

46 posted on 11/29/2012 8:52:54 AM PST by TChris ("Hello", the politician lied.)
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To: Windflier
he may have said something that truly warranted such an extreme response.

I'm somewhat curious as to what he might have said, that would warrant sending a proxy to threaten him and to demand an apology.

47 posted on 11/29/2012 8:53:22 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: marktwain

bkmk


48 posted on 11/29/2012 8:53:40 AM PST by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: ArrogantBustard
Not too bright of them to send the son. If he was a SEAL and he was later charged with filing a false police report, I doubt if he would get to keep his security clearance if convicted.
49 posted on 11/29/2012 9:00:25 AM PST by JimC214
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To: marktwain
On a related note...

Don't Talk to Police

50 posted on 11/29/2012 9:01:30 AM PST by E. Pluribus Unum (Labor unions are the Communist Party of the USA.)
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