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To: sport
My point was that the government has a burden well before trial, that being to recite allegations that it intends to prove at trial. If the allegations don't make a crime, then the judge is supposed to release the accused.

In this case, the allegation is deficient, obviously so. The only contentions made are that there is an organized criminal conspiracy statute (yes there is), and this guy probably violated it. That's not enough. The police and prosecutor have to make specific allegations as to each element of the offense, associated with the accused.

Another point I made is that even though the law requires a judge to perceive the connection between the elements in the allegation and the elements of the offense, in practice they don't.

This DA and judge are worse than Nifong, in that Nifong at least had an allegation - albeit he knew, at some point, it was a false allegation, but at least he had an allegation. The allegation in this case is naked - there isn't even a lying witness or victim.

32 posted on 07/03/2015 6:57:23 AM PDT by Cboldt
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To: Cboldt

You are correct. It is a kangaroo Court from the word go.


43 posted on 07/03/2015 8:58:15 AM PDT by sport
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