Showing posts with label State Court Incompetence. Show all posts
Showing posts with label State Court Incompetence. Show all posts

June 12, 2015

NYC Man, 22, Held Without Trial For Three Years in NYC Kills Himself



Kalief Browder, 22, Took His Own Life After Being Held Three Years Without Trial In Rikers Island, NYC Jail

[From article]
In May 2010, 10 days before Kalief’s 17th birthday, he and a friend were arrested after a man accused them of stealing his backpack and Kalief of striking him in the face, which led to Kalief being charged with robbery, grand larceny and assault.
His friend was not held behind bars. Although Kalief insisted he’d done nothing wrong, a judge set his bail at $3,000, a sum his parents were unable to raise, because he was on probation. After his indictment, another judge ordered him held without bail because of his probationary status. He was locked up in the vast city jail on Rikers Island — for three years — awaiting a trial that never came.
He was held in solitary confinement for about two years, punishment for fighting and other infractions, his lawyer Paul Prestia told me.
A security video from inside Rikers showed him being slammed to the ground and pummeled by a correction officer as his hands were cuffed behind his back. Another showed him being beaten by about 10 teen inmates.
[. . .]
A prosecutor offered him a deal allowing him to plead guilty to felonies in exchange for a sentence of 3½ years in prison, then 2 ½.
Then a judge offered to let him plead guilty to two misdemeanors and go free immediately.
In each case, he refused. He wanted to stand trial.
Then by 2013, the guy who’d accused Kalief and his pal of robbing him had returned to Mexico and could not be located by authorities.
Charges were dropped. Kalief was sent home.
But he never really was free.

http://nypost.com/2015/06/11/the-tragedy-of-kalief-browder-must-never-happen-again/

The tragedy of Kalief Browder must never happen again
By Andrea Peyser
New York Post
June 11, 2015 | 11:19pm

April 25, 2014

Central Park Five Sues New York City



[From article]
Liberals are opposed to rape in the abstract, but when it comes to actual rapists, they’re all for them.
[. . .]
Two of the defendants, Santana and Richardson, independently brought investigators to the precise location of the attack on the jogger, something only the perpetrators could have done.
The evidence against Richardson also included his vivid description of the attack — given on videotape, in the presence of his father — and a deep scratch wound on his cheek that he admitted was from the jogger. Oh, also — the crotch of the underwear from the night of the attack was stained with semen, grass, dirt and debris.
Contrary to media reports, there was hair, blood or semen on all five of the defendants.
In the opposite of a rush to judgment, two multi-ethnic juries deliberated for 10 days and 11 days, respectively, before convicting the five defendants of rape or sexual abuse — as well as the other assaults that night, mysteriously vacated by Justice Tejada — and acquitting all but one on the most serious charge, attempted murder.
But now de Blasio wants to hold down our legs while the “Central Park Five” rape us, again.

http://www.humanevents.com/2014/04/23/what-you-wont-read-in-the-papers-about-the-central-park-five/

WHAT YOU WON’T READ IN THE PAPERS ABOUT THE ‘CENTRAL PARK FIVE’
By: Ann Coulter
4/23/2014 06:32 PM
Human Events

November 10, 2007

FBI Agent Violated Rights Too

FBI Agent Violated Rights Too

DeVecchio may be free from state prosecution for murder. But the US
Department of Justice can prosecute him for civil rights violations Deprivation
of Civil Rights under color of law, Title 42 Chapter 1983, and perhaps 1985 if
they have the will. Below are two US statutes which permit such a prosecution.
Of course the way that the state court action was fumbled makes it appear that
it was done intentionally. In that case FBI agents will still be free to
orchestrate multiple homicides of civilians who try to stop abuses of power by
public officials.
First is Title 18 Chapter 213, Section 3281 Limitation of Actions for
capital offenses, states no limitation, for a death penalty offense.
Next is Title 18 Chapter 13 Section 242, for Civil Rights Deprivations, a
crime.

--
Roy Bercaw, Editor
ENOUGH ROOM
PO Box 400297
Cambridge MA 02140 USA
http://enoughroom.blogspot.com
http://enoughroomvideo.blogspot.com

* * * * *
* United States Code
o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
+ PART II - CRIMINAL PROCEDURE
# CHAPTER 213 - LIMITATIONS

U.S. Code as of: 01/19/04
Section 3281. Capital offenses

An indictment for any offense punishable by death may be found at
any time without limitation.

* * * * *

* United States Code
o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
+ PART I - CRIMES
# CHAPTER 13 - CIVIL RIGHTS

U.S. Code as of: 01/19/04
Section 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation,
or custom, willfully subjects any person in any State, Territory,
Commonwealth, Possession, or District to the deprivation of any
rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to different
punishments, pains, or penalties, on account of such person being
an alien, or by reason of his color, or race, than are prescribed
for the punishment of citizens, shall be fined under this title or
imprisoned not more than one year, or both; and if bodily injury
results from the acts committed in violation of this section or if
such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under this
title or imprisoned not more than ten years, or both; and if death
results from the acts committed in violation of this section or if
such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or
an attempt to kill, shall be fined under this title, or imprisoned
for any term of years or for life, or both, or may be sentenced to
death.