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RE: Convict's mother gets dirt on juror - 12/6/2008 9:54:00 PM   
slutslave4u


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As a former police officer (military and civilian) with near 20 years, agreed as earlier stated: once the verdict was handed down, there were no tamperings or improprieties on the mothers part in what she did with regard to a juror AFTER the verdict was handed down. As for stalking, well, perhaps could be there near the beginning. Most states stalking laws a first offense will be a misdemeaner UPON conviction, however a second ARREST for stalking makes it a Felony if there is a prior conviction on record. As for tape recording a conversation: as long as you are an active participant within said conversation, then you are perfectly legal in doing so WITHOUT the permission of other participants or their knowledge of it being recorded. BUT YOU MUST BE AN ACTIVE PARTICIPANT IN THE CONVERSATION, simply can not stand near and say nothing and record everything said, doing that, yes, does make it illegal.   

(in reply to igor2003)
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RE: Convict's mother gets dirt on juror - 12/6/2008 9:55:39 PM   
NuevaVida


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quote:

ORIGINAL: thishereboi

quote:

ORIGINAL: NuevaVida

My parents always made it clear that if we did something like that (yanno, kill someone or something equally as bad), they would be the first to turn us in.

What this mother did was completely unethical and irresponsible, on all fronts.


Did your parents tell you what they would do if they thought you were innocent and a jury found you guilty anyway?


Nope, but knowing them they wouldn't have done THAT. They'd have gotten the best council in town and filed an appeal.

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RE: Convict's mother gets dirt on juror - 12/7/2008 4:39:53 AM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
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Gosh,  data mining and genetic DNA is probably being used to jury shop.

the best way to navigate the court system, is to blend in so as to not be trapped into it.



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RE: Convict's mother gets dirt on juror - 12/7/2008 7:08:26 AM   
UncleNasty


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quote:

ORIGINAL: marie2

quote:

ORIGINAL: celticlord2112

quote:

No, I don't think it's fair, or right, or legal.

Assuming it all transpired as she claims, what laws were broken?

If no law was broken, it's legal.



She's the mother of the defendant and she chums up with a juror under a false identity and records his drunken ramblings without his permission hoping to get something to feed to the defense counsel. 

Obstruction of justice maybe?  Tampering with a jury? 

On edit:  I misread.  Apparantly it was AFTER the trial.  But still....she gets the guy drunk and tries to elicit shit from him to help get the son off and records it without his permission.


Admissability of recordings varies from state to state. In Kentucky I can record any phone conversation without informing the other party and it is admissable as evidence in court records and in open court. Check your local rules of evidence.

As for "tricking" the fellow into divulging or revealing information.... Have you any idea the antics, tactics, shenanigans, outright lies that are condoned by the courts on the part of police?

I always keep in mind there is no such thing as polite conversation with a police or law enforcement officer. It is always an interogation, regardless of appearances or setting.

OHUN

(in reply to marie2)
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RE: Convict's mother gets dirt on juror - 12/7/2008 9:23:53 AM   
celticlord2112


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quote:

As for stalking, well, perhaps could be there near the beginning.

Stalking would also require the juror (the one being stalked) to file a complaint.  No complaint, no stalking.

Awfully hard to claim someone's stalking you when you're drinking and smoking pot with them.


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RE: Convict's mother gets dirt on juror - 12/7/2008 10:37:08 AM   
came4U


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Joined: 1/23/2007
From: London, Ontario
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quote:

Awfully hard to claim someone's stalking you when you're drinking and smoking pot with them.


ha

yes, but narcs/undercover cops do that all the time..is it stalking, harassment? entrapment?



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RE: Convict's mother gets dirt on juror - 12/7/2008 11:17:03 AM   
servantheart


Posts: 960
Joined: 10/26/2006
From: Houston, TX
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quote:

ORIGINAL: slutslave4u

As a former police officer (military and civilian) with near 20 years, agreed as earlier stated: once the verdict was handed down, there were no tamperings or improprieties on the mothers part in what she did with regard to a juror AFTER the verdict was handed down. As for stalking, well, perhaps could be there near the beginning. Most states stalking laws a first offense will be a misdemeaner UPON conviction, however a second ARREST for stalking makes it a Felony if there is a prior conviction on record. As for tape recording a conversation: as long as you are an active participant within said conversation, then you are perfectly legal in doing so WITHOUT the permission of other participants or their knowledge of it being recorded. BUT YOU MUST BE AN ACTIVE PARTICIPANT IN THE CONVERSATION, simply can not stand near and say nothing and record everything said, doing that, yes, does make it illegal.   


Since this is your field of expertise, what do you think the authorities will say about her use of an illegal substance in her efforts to get the dirt on this juror?  As came4U pointed out, law enforcement does engage in these same tactics, but they are obviously exempted from being prosecuted for possession/distribution of illegal substances.  Personally, I think she should have stuck with legal drugs like alcohol, but then again, that does leave an opening for the juror's comments to be inadmissable since he was intoxicated.   
 
I don't know if her son was guilty or innocent, but he won't be getting out of prison any time soon.
 
 

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RE: Convict's mother gets dirt on juror - 12/7/2008 2:16:08 PM   
DarkSteven


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From a legal point of view, fascinating.  I get the impression that she studied the laws and bent them as far as she could without actually breaking them, except for the pot.

From a practical point of view, the guy got convicted of murder in two hours, and the judge chewed him out.  There seems to be little doubt that he actually did it.  I can't imagine that the allegation that Allo knew of the defendant really would carry much weight against strong evidence.

I feel sorry for the husband.  A nutcase for a wife, and a punk gansta kid for a son.


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(in reply to celticlord2112)
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RE: Convict's mother gets dirt on juror - 12/7/2008 2:32:42 PM   
came4U


Posts: 3572
Joined: 1/23/2007
From: London, Ontario
Status: offline
Yes, true, didn't seem like she had to do much 'acting' to be able to drink and do drugs so calmly with someone she distrusted and disliked.  Not so far fetched that her 'mothering/smothering' has come along all too late in the game.

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RE: Convict's mother gets dirt on juror - 12/7/2008 2:36:29 PM   
LeMis


Posts: 9255
Joined: 9/24/2005
From: Florida
Status: offline
quote:

While casing his apartment, "his cat sat in the window," she said.


Did she break in or just observed from the outside?
I thought casing an apartment meant checking it out from the inside..
I could be wrong....  

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(in reply to came4U)
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RE: Convict's mother gets dirt on juror - 12/7/2008 2:44:58 PM   
camille65


Posts: 5746
Joined: 7/11/2007
From: Austin Texas
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'Casing the joint' usually means taking a look from the outside of the place.

IMO that mother did things in a really weird way.


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Profile   Post #: 31
RE: Convict's mother gets dirt on juror - 12/17/2008 2:26:02 AM   
slutslave4u


Posts: 217
Joined: 6/14/2004
Status: offline
quote:

ORIGINAL: servantheart

quote:

ORIGINAL: slutslave4u

As a former police officer (military and civilian) with near 20 years, agreed as earlier stated: once the verdict was handed down, there were no tamperings or improprieties on the mothers part in what she did with regard to a juror AFTER the verdict was handed down. As for stalking, well, perhaps could be there near the beginning. Most states stalking laws a first offense will be a misdemeaner UPON conviction, however a second ARREST for stalking makes it a Felony if there is a prior conviction on record. As for tape recording a conversation: as long as you are an active participant within said conversation, then you are perfectly legal in doing so WITHOUT the permission of other participants or their knowledge of it being recorded. BUT YOU MUST BE AN ACTIVE PARTICIPANT IN THE CONVERSATION, simply can not stand near and say nothing and record everything said, doing that, yes, does make it illegal.   


Since this is your field of expertise, what do you think the authorities will say about her use of an illegal substance in her efforts to get the dirt on this juror?  As came4U pointed out, law enforcement does engage in these same tactics, but they are obviously exempted from being prosecuted for possession/distribution of illegal substances.  Personally, I think she should have stuck with legal drugs like alcohol, but then again, that does leave an opening for the juror's comments to be inadmissable since he was intoxicated.   
 
I don't know if her son was guilty or innocent, but he won't be getting out of prison any time soon.
 
 


As for her use of illegal substances (if in fact were done, we dont know now to what extent if any) while getting the statements from him....the police will say they have no evidence of such, nothing to back it up, no evidence no case, they wont make a case from simply anothers, or even her own, say so without hard evidence....Police do have or are given a certain amount of latitude when working drug cases, call it a hazard of the trade  to bolster their cases if you will. However they still have a fine line that they must follow.  

(in reply to servantheart)
Profile   Post #: 32
RE: Convict's mother gets dirt on juror - 12/17/2008 4:50:15 AM   
housesub4you


Posts: 1879
Joined: 4/2/2008
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Well not being one to use the media as a truth, there are a few things that confound me.

The guy convictd was 20.  Being 20 and in a gang is different than being 13 and in a gang.  He was the leader, and ordered the killing, which was not a 1 shot thing, they shot him 5 times.

The claim is the juror knew of the guy who did the killing "Allo went on to explain he didn't know Giuca directly but used to hang out in his clique and heard rumours about the Fisher"  So basically, the guy being convicted should have informed his lawyer that he knew someone on the jury.  Then the mother tracks down the one guy who knew her son indirectly?  Seems fishy to me

Also it states, the juror; did not know him directly, which means he did not know him. 

This just seems like a media piece to create news where there really is none. 

So basically the mother is claiming He said he knew of him, but did not know him personally and withheld this info from the court.  I know of OJ, so does that make me incapable of serving on the jury for OJ? 

In the appeal they have to prove that his indirect knowledge of the person had an influence on his vote to convict minus the evidence

If the guy was only shot once perhaps, but when you shoot someone 5 times, it's kinda hard to say your intent was not to kill

(in reply to slutslave4u)
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