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farglebargle -> RE: "Don't tase me, bro!" revisited (10/30/2007 11:21:08 AM)
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quote:
ORIGINAL: luckydog1
"No Complainant could be found to testify that they authorized the police officers to act in his removal. The DA is totally fucked, as with no Trespassing Charge, means there was no lawful arrest to be resisting. Once that's tossed, there's no disturbance to The Peace. "
Did you even read the article Farg? The DA is in no way fucked whatsoever.
Well, I consider "Not having a case" to be fucked. I guess some might spin it differently.
quote:
The police recomended charges be filed
Which isn't a Complainant filing a complaint for Trespassing, the appropriate charge which would have permitted the Police to then lawfully arrest him.
You know, Due Process can be such a bitch, can't it? All these requirements and shit...
quote:
, the student wrote a letter admitting guilt,
Admitting guilt to the non-existent charges? That's a heck of a trick.
Nice spin attempt, though.
quote:
so the charges were dropped,
The charges which were never filed?
That's interesting. I didn't see him admit guilt to either the Disorderly Conduct charge, OR the Resisting Charge, which he CANNOT DO, as the charges don't exist with the DA dropping the case.
I mean, admitting guilt to charges which don't exist. That's classic.
quote:
There is nothing in the article to suggest the conclusions you state. What we can see between the lines, is that the kids lawyer had him formally apoligize and admit guilt, so the University didn't want him to be charged with a felony.
Charged by WHOM? I still haven't seen either a misdemeanor or felony complaint from someone with standing.
What COMPETENT attorney would ever let their client admit ANYTHING???
Yeah, you make believe that it played out the way you want. Of course, in that fantasy land, he would have been charged.
It's clear the police were out of control. They didn't even hear the US Senator telling them what to do.
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