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Old 12-28-2004, 06:23 PM
powergrid powergrid is offline
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That's why we have juries and judges and appeals.
Too bad so many juries get finagled.


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In this instance we were discussing how many times a DA would go against the recommendations of the investigating officer in terms of charging someone other than what they recommended. I would say never, never heard it happen even one time. In terms of how often is the officer correct? I'd guess 99% of the time.
Hmm. Interesting. 99% of the time.

Marvin Horton, the police lieutenant who supervised the investigation of the (David Spence) crime, stated: "I do not think David Spence committed this crime."

And Ramon Salinas, the homicide detective who investigated the murders, said: "My opinion is that David Spence was innocent. Nothing from the investigation ever led us to any evidence that he was involved."

Police officers are correct 99% of the time. So I suppose these two officers who are intimately involved in that case fit into that magic 1% who are wrong about their own case?

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It differs by state and drug cases were not my area, however if someone had given a sample and was in the midst of a larger deal you could make a case for a felony. The reason they wait is because they want a larger case and penalty.
Obtaining a sample would be a felony which did not cause the officer's murder. And unfortunately they were not in the middle of a larger deal. As far as the law is concerned they were not yet guilty of a felony crime even if they were going to commit one in the near future.

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Ok, did you follow that uo by using a gun to kidnap someone, steal their car and then run a road block?
No, but I ran from the police. Isn't that a determinant of guilt in your opinion? I must have been guilty.

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Actually them being a murderer while committing a felony isn't my definition, but that of almost every state in the union. I was just making the case that he was involved in a felony. In terms of her, she could be labeled a murderer as well.
So why on earth did the State of Florida, no doubt a group of intelligent people, release her? If she is a murderer in terms of law by committing a felony which caused a death? It is not logical.

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She didn't have a criminal record, she wasn't found with the gun in her possession, she didn't participate in a kidnapping, etc etc
It doesn't matter. According to the definition you provided, she is a murderer. Yet before her life term was completed she was set free. Why do you suppose that is? How can we account for that?

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We're not going to change each other's mind (I guess that rarely happens on boards anyway) or convince each other one of us is right. We can continue to go back and forth or agree to disagree. In any event, I will do the courtesy of reading and replying. Haven't had this lengthy of a conversation on this board in a while.

I'll add, I can understand your position and why you feel the way you do, I just personally disagree. If you want to talk about legal reform including improving on public defenders, then that might be an area where we would agree more.
I do not doubt that your mind will not be changed, but it is a good discussion. I actually learned about cases I did not know about before where people who did not commit murder were sentenced to death and were executed.

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So it was part of the case, it just happened after the murder. So again, this points to his guilt. Innocent people don't kidnap others in order to run away.
I am referring to your definition of murder which is that if you are involved in a felony and that crime is the cause of a death it is murder. Well the kidnapping would not apply for obvious reasons, it occurred after the fact. And kidnapping is not a capital offense although it is a serious felony.
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