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NYPD chokehold case

yung_dood

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Jul 2, 2011
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Here's what a lot of people are missing, both for the Michael Brown and for this case:

There is no double jeopardy for grand jury trials.

All of the people yelling and screaming for a full trial in either of these cases? You're arguing for the cops in these cases. You don't think you are, but you are. Because if the case is so weak that it's fucking possible for the prosecutor to "throw the case" and not get an indictment out of a grand jury, the defense would have to have a monumentally stupid lawyer to not win an actual trial. And once that happens, Game Over. No more re-trials. No more prosecution. Nada. Zip. Nothing.

For fuck's sake, did you not learn anything from the Zimmerman case of last summer? DON'T TRY A CASE UNLESS THE GRAND JURY GIVES YOU AN INDICTMENT. A grand jury is looking for 50%+. A trial jury is looking for 99%+. If you can't clear the 50%+ mark (which is why Angela Corey skipped the Grand Jury and that's how the Zimmerman case was actually lost by the prosecution), then you're dead meat when it comes to clearing the 99%+ bar.

In the Michael Brown case it was pretty damn clear from the outset that there wasn't enough to get a conviction. It would take smoke and mirrors to get an indictment, let alone a conviction. Yes, the prosecutor COULD have gotten an indictment if he really, really spun it. And then what? Wilson goes 100% free after the trial, after millions of dollars are spent both on his lawyers and on the prosecution and the circus of the trial, all for a dead case that would have 0% chance of winning.

Not getting in indictment means the prosecution can still keep digging for more information, for more witnesses, and keep trying.

Do I think they're going to? No. Because unless some new evidentiary bombshell drops, which I don't happen to think is likely, the Brown case is done. But if a video comes out that shows Brown with his hands up and meekly obeying orders when Wilson shoots him dead, not going to trial means you can still prosecute Wilson. If you went to trial, Wilson was found not guilty, and THEN you find the video, Wilson stays free. Double jeopardy. At that point, he's immune on murder charges.

Is any of that getting through to you people? Yes, the prosecutors are chickening out. They're chickening out the SMART way, by leaving their options open (which Angela Crowley didn't, in a fit of grandstanding stupidity). while also not wasting time, money, and effort that would be better directed towards cases the could be WON.

Prosecutors in most jurisdictions have really good conviction rates. Like 90%+ rates. The feds get something like 99% convictions when they actually go to trial. There's a reason for that: they like slam dunks. They like to bury the opposition. All of these terrible, tragic cases are set up to bury the prosecution instead.
The grand jury is only supposed to decide if there is enough evidence to go to trial. The idiot prosecutor in the Michael Brown case got the description wrong of what a grand jury is supposed to do by saying they're supposed to figure out what's fact and fiction, which is what a jury does.
 

nuprin001

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Sep 12, 2007
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The grand jury is only supposed to decide if there is enough evidence to go to trial. The idiot prosecutor in the Michael Brown case got the description wrong of what a grand jury is supposed to do by saying they're supposed to figure out what's fact and fiction, which is what a jury does.
Why? So the trail could go down in flames, you get a little theater, and then there's no way whatsoever that either cop could ever be prosecuted again?

Yes, if the prosecutor pushed he could have gotten an indictment. It's a fucking dog shit case. The Brown case much more than the choke case, yes, but that's the truth: if you even CAN throw a grand jury case, it's enough of a dog shit case that you're fucked come trial time.

Do you know what double jeopardy is, yung_dood? Do you understand what that means in this context? Going to full trial makes it MORE likely the cops stay free, forever, than declining to prosecute them at this time, when the evidence sucks. Does this make any sense to you? Or are you just going to keep blathering emotionally-based bad decision-making logic over and over again?
 

onthebottom

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Give it a few seconds, it'll kick in.

Go ahead, what were you saying?
Why do dumb asses resist arrest - do they think that's going to work? Cops, the world over, will increase intensity until you comply. I guess they could have tazed him, then we'd be reading about a guy tazed to death.

How fat do you have to be to die from that, seriously?

It's fucking tragic, a guy is dead for no reason, he puts his hands behind his back and he's eating pizza with his kids tonight.
 

nobody123

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Feb 1, 2012
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Why do dumb asses resist arrest - do they think that's going to work? Cops, the world over, will increase intensity until you comply. I guess they could have tazed him, then we'd be reading about a guy tazed to death.

How fat do you have to be to die from that, seriously?

It's fucking tragic, a guy is dead for no reason, he puts his hands behind his back and he's eating pizza with his kids tonight.
Do as you're told, boy, and you get to live! Gee. Why are those silly Negroes protesting and upset over something so simple and just plain right?
 

CWipes

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Mar 27, 2006
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So I'm not black, but about 4 months ago I did get detained for suspicion of Grand theft Auto by Toronto PD.

As I was standing outside my car, 5 Toronto PD cars came speeding up to me, (their lights and sirens on) blocking me. Before they got out of their cars, I backed away from my car and just drew my hands up to show that I wasn't holding anything. They asked me why I was trying to steal this car, (they were pointing to my car). When I informed them that this was my car they informed me that they got a call to this address saying that I was trying to steal a car. We were just talking and no one was shouting. After I was able to whip out my ipod and documents showing proof of ownership and registration they went after the person that made the call. THey just needed a few minutes to sort out the information they were provided.
 

Hard Idle

Active member
Jan 15, 2005
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I agree that the Garner case was at best an example of poor Police work. He clearly wasn't the same potential threat as Brown -while both were obese, this guy is much older and obviously with one foot in the grave - and his resistance & provocation was several notches bellow those alleged of Brown and (seemingly supported by the forensic evidence).

I was very critical of the RCMP officers who tasered the middle aged, overweight Polish guy who was having a meltdown and seemed delirious from fatigue among other things. That was another example where more patience and discretion could have been used. Although it differs from the garner case in that the guy couldn't speak or understand English whereas Garner fully understood what was happening and chose to refuse very simple & clear instructions.

Garner did make a stupid choice to resist arrest however briefly & half-assed and is not without responsibility for his misfortune. However this is one case where they could have given him more time and chances come to his senses.
 

yung_dood

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Jul 2, 2011
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Why do dumb asses resist arrest - do they think that's going to work? Cops, the world over, will increase intensity until you comply. I guess they could have tazed him, then we'd be reading about a guy tazed to death.

How fat do you have to be to die from that, seriously?

It's fucking tragic, a guy is dead for no reason, he puts his hands behind his back and he's eating pizza with his kids tonight.
I wouldn't put my hands behind my back for no reason, NYC cops have a history of targetting blacks and latinos just for being out in public. And resisting arrest does not warrant a death sentence by the banned practice of the choke hold. Stop cheerleading for tge pigs.
 

jazzpig

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Jul 17, 2003
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Garner did make a stupid choice to resist arrest however briefly & half-assed and is not without responsibility for his misfortune. However this is one case where they could have given him more time and chances come to his senses.
What did Garner actually do to "resist" arrest?
 

cunning linguist

Well-known member
Oct 13, 2009
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Why do dumb asses resist arrest - do they think that's going to work? Cops, the world over, will increase intensity until you comply. I guess they could have tazed him, then we'd be reading about a guy tazed to death.

How fat do you have to be to die from that, seriously?

It's fucking tragic, a guy is dead for no reason, he puts his hands behind his back and he's eating pizza with his kids tonight.
Increasing intensity for resisting arrest is all well and good, if the technique is appropriate. But it wasn't, there were other techniques that were more appropriate and should have been used. Not that I dislike law enforcement, but they are held to very different standards.
 

yung_dood

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Jul 2, 2011
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So I'm not black, but about 4 months ago I did get detained for suspicion of Grand theft Auto by Toronto PD.

As I was standing outside my car, 5 Toronto PD cars came speeding up to me, (their lights and sirens on) blocking me. Before they got out of their cars, I backed away from my car and just drew my hands up to show that I wasn't holding anything. They asked me why I was trying to steal this car, (they were pointing to my car). When I informed them that this was my car they informed me that they got a call to this address saying that I was trying to steal a car. We were just talking and no one was shouting. After I was able to whip out my ipod and documents showing proof of ownership and registration they went after the person that made the call. THey just needed a few minutes to sort out the information they were provided.
Black ppl aren't the ones primarily part of car theft rings.
 

MRBJX

Well-known member
Jul 14, 2013
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So I'm not black, but about 4 months ago I did get detained for suspicion of Grand theft Auto by Toronto PD.

As I was standing outside my car, 5 Toronto PD cars came speeding up to me, (their lights and sirens on) blocking me. Before they got out of their cars, I backed away from my car and just drew my hands up to show that I wasn't holding anything. They asked me why I was trying to steal this car, (they were pointing to my car). When I informed them that this was my car they informed me that they got a call to this address saying that I was trying to steal a car. We were just talking and no one was shouting. After I was able to whip out my ipod and documents showing proof of ownership and registration they went after the person that made the call. THey just needed a few minutes to sort out the information they were provided.
Thats canada - currently - dont get it mixed up with the USA.
Canada has its own forms of police violence, like grandma shoved to the ground in a pipleine protest.

http://www.upworthy.com/listen-up-canada-the-world-is-watching-and-they-saw-what-you-did?c=ufb1

or knocking over the disabled.

http://www.theprovince.com/Vancouve...an+ground+gets+suspension/10423298/story.html
 

Butler1000

Well-known member
Oct 31, 2011
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Both the Ferguson case and the Eric Garner case should at the very least go to trial. Many legal experts and former prosecutors say that its very easy for any prosecutor to indict a ham sandwich.

Nancy Grace is a former prosecutor who claims that this particular prosecutor used the jury as his own personal tool instead of presenting them with the evidence

Nancy Grace is one of the biggest idiots on the airwaves right now. Believe me when I say using her as a voice of reason is a bad choice.
 

yung_dood

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Jul 2, 2011
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Why? So the trail could go down in flames, you get a little theater, and then there's no way whatsoever that either cop could ever be prosecuted again?

Yes, if the prosecutor pushed he could have gotten an indictment. It's a fucking dog shit case. The Brown case much more than the choke case, yes, but that's the truth: if you even CAN throw a grand jury case, it's enough of a dog shit case that you're fucked come trial time.

Do you know what double jeopardy is, yung_dood? Do you understand what that means in this context? Going to full trial makes it MORE likely the cops stay free, forever, than declining to prosecute them at this time, when the evidence sucks. Does this make any sense to you? Or are you just going to keep blathering emotionally-based bad decision-making logic over and over again?
I understand what double jeopardy is but there is a lot of evidence in the form of eye witness testimony and an independent autopsy that works in favor of Michael Brown.
Also, the police did not follow protocol in dealing with Wilson. The first officer on scene did not take notes nor did anyone else take pictures of the scene. Wilson did not go to the hospital after the incident either. There is also evidence that Wilson and tbe first responding officer spoke to eachother on the phone to decide what was to be said in a statement.

As I said many legal experts as well as forensic specialists said Darren Wilson was helped out.
 

onthebottom

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Do as you're told, boy, and you get to live! Gee. Why are those silly Negroes protesting and upset over something so simple and just plain right?
I know your being sarcastic, but that is actually the right answer, regardless of ethnicity.
 

onthebottom

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I wouldn't put my hands behind my back for no reason, NYC cops have a history of targetting blacks and latinos just for being out in public. And resisting arrest does not warrant a death sentence by the banned practice of the choke hold. Stop cheerleading for tge pigs.
Enough said, let's hope you don't get stopped or your stupidity could end badly for you.
 

onthebottom

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I believe it was refusing to comply with the initial officer's instructions which were to turn around and put his hands behind his back.
In fact he flailed his arms and yelled "don't touch me"... tragic
 
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