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(Boston Globe)   Authorities want to deport man wrongly convicted of rape before he can win his lawsuit against the police department   (boston.com) divider line 73
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9988 clicks; posted to Main » on 09 Oct 2008 at 10:40 AM (6 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2008-10-09 09:33:49 AM  
Here's some lovely tidbits they buried on page 2:

"But they insisted that the DNA evidence did not clear Charles because jurors had been told the rapist did not ejaculate.

In addition, two of the women who were attacked told the Globe after the conviction was overturned that they had no doubts: They said Charles was the man who put a screwdriver to the throat of one of them, forced his way into their apartment, threatened to kill them, and raped them.

After Charles was freed, he was immediately taken into custody by immigration authorities who sought to deport him for other convictions, including one in 1989 for trafficking heroin in prison. But a federal judge released him in August 2002 pending a ruling by an immigration judge."


Not really a shining bastion of innocence now is he?
 
2008-10-09 09:47:49 AM  
rcain: Here's some lovely tidbits they buried on page 2:

"But they insisted that the DNA evidence did not clear Charles because jurors had been told the rapist did not ejaculate.

In addition, two of the women who were attacked told the Globe after the conviction was overturned that they had no doubts: They said Charles was the man who put a screwdriver to the throat of one of them, forced his way into their apartment, threatened to kill them, and raped them.

After Charles was freed, he was immediately taken into custody by immigration authorities who sought to deport him for other convictions, including one in 1989 for trafficking heroin in prison. But a federal judge released him in August 2002 pending a ruling by an immigration judge."

Not really a shining bastion of innocence now is he?


If you are in prison for 19 years, you will do at least one crime in there.
 
2008-10-09 10:05:05 AM  
Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.
 
2008-10-09 10:31:37 AM  
Wish the article had been more clear on how he was in the US. On a work visa? Green card? Illegally?

If he's not a legal citizen, he really doesn't have much standing.
Hell, we feed and housed him for 18 years, at no cost to him, what more does he want from the US?
 
2008-10-09 10:46:24 AM  
NightOwl2255: Hell, we feed and housed him for 18 years, at no cost to him, what more does he want from the US?

Less surprise buttsex?
 
2008-10-09 10:46:59 AM  
If you're here, not a citizen, and don't have permission, then GTFO.

It's really very simple.
 
2008-10-09 10:47:11 AM  
Is the rape victim's apartment teaming with semen? They found two other samples, but still argue it was this guy? It sounds to me like the rape victim is trying to avoid feeling terrible for having helped send an innocent man to prison.
 
2008-10-09 10:49:38 AM  
Ryan2065
Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.


Prison, shockingly it's a place where outstanding morality/citizenship are not encouraged. More on this at 11


tbn0.google.com
 
2008-10-09 10:50:04 AM  
rubi_con_man: If you're here, not a citizen, and don't have permission, then GTFO.


Yeah, but they waited 19 years first.

I'm sure having been deported immediately after being incarcerated the first time, even if he was innocent, would have been more appealing
 
2008-10-09 10:50:38 AM  
If you're here, not a citizen, and don't have permission, then GTFO.

It's really very simple.


Then he should have never been put in jail in the first place, but rather deported. But the laws say since he did wrong in the US he can be held responsible in the US. So I say if the US did wrong to him then they should be held responsible to him.

He deserves to see his lawsuit carried out.
 
2008-10-09 10:50:40 AM  
NightOwl2255: Wish the article had been more clear on how he was in the US. On a work visa? Green card? Illegally?

If he's not a legal citizen, he really doesn't have much standing.
Hell, we feed and housed him for 18 years, at no cost to him, what more does he want from the US?


Exactly. Why didn't we deport him in the first place?
 
2008-10-09 10:50:46 AM  
NightOwl2255: If he's not a legal citizen, he really doesn't have much standing.

WOW!

- Human Rights: it's just a obsolete phrase that people used in the 'olden days'.
 
2008-10-09 10:51:15 AM  
the rapist did not ejaculate.

FAIL.
 
2008-10-09 10:51:41 AM  
FTFA: "Charles's mother and wife, Rosalind, said he suffered grievous personal losses while in prison, including the suicide of a daughter...

Wut???
 
2008-10-09 10:52:45 AM  
rofl.wheresthebeef.co.uk
 
2008-10-09 10:54:48 AM  
Qualifications?
 
2008-10-09 10:54:50 AM  
Or it's entirely possible that the other semen samples came from consensual sex partners.

Eye witness statements are very unreliable, especially when the two are of different races. That however doesn't mean the two rape victims that did identify him are wrong.

He's wrongfully convicted in the legal sense, but he's hardly what I'd call completely innoccent. It's not a case where actual fluids inside the victims that were originally identified as his turned out to be someone elses nor did someone else come forward and claim to have committed the crimes.
 
2008-10-09 10:55:33 AM  
sarcasman: NightOwl2255: If he's not a legal citizen, he really doesn't have much standing.

WOW!

- Human Rights: it's just a obsolete phrase that people used in the 'olden days'.


Human Rights has little to do with legal standing. If you enter a country illegally, do not expect to avail yourself of their legal system. Doesn't mean they have the right to violate your human rights, but you sure as hell don't have the right to sue.
 
ZAZ [TotalFark]
2008-10-09 10:57:09 AM  
It sounds like he had permanent resident status, said he wanted to become a citizen and didn't follow up to actually become one, then became deportable due to the harsher immigration laws that went into effect mid-1990s and post-9/11. It used to be harder to deport green card holders for crimes.
 
2008-10-09 10:57:45 AM  
again,

WOW!
 
2008-10-09 10:58:20 AM  
Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.


if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.
 
2008-10-09 10:58:52 AM  
skinink: Qualifications?

Rape, murder, arson, and rape.
 
2008-10-09 11:01:11 AM  
NightOwl2255: Wish the article had been more clear on how he was in the US. On a work visa? Green card? Illegally?

If he's not a legal citizen, he really doesn't have much standing.
Hell, we feed and housed him for 18 years, at no cost to him, what more does he want from the US?


Wow. Just . . . wow.
 
2008-10-09 11:01:41 AM  
Read the article subby. This guy is slime and a decay on the American legal system and public. Deport him immediately.
 
2008-10-09 11:03:59 AM  
HotKarl: Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.

if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.


A. Just don't be a dumbass and get yourself thrown in prison.
B. Way too sell smack and help other people fark up their lives just to save your own ass.
 
2008-10-09 11:05:09 AM  
HunterNIU: Read the article subby. This guy is slime and a decay on the American legal system and public. Deport him immediately.

QFT.

There are also lots of people who spend long periods of time in prison without committing other felonies. Besides, that wasn't a fight, stealing some food, or hiding some smokes. Being a heroin mule is a pretty bad crime no matter where you are.
 
2008-10-09 11:06:32 AM  
FTA: Charles's mother and wife, Rosalind, said he suffered grievous personal losses while in prison, including the suicide of a daughter. In addition, they said, a son and stepson of Charles's recently returned from serving in Iraq as members of the US Army.

WTF??? Rosalind was both his mother and his wife? I have no doubt that the daughter would want to kill herself if that were the case.
 
2008-10-09 11:09:26 AM  
NightOwl2255: - Human Rights: it's just a obsolete phrase that people used in the 'olden days'.

Human Rights has little to do with legal standing. If you enter a country illegally, do not expect to avail yourself of their legal system. Doesn't mean they have the right to violate your human rights, but you sure as hell don't have the right to sue.


I think you're confused as to what grants a person standing to sue. It's a pretty low bar; you generally just have to show you have suffered harm or injury that can be redressed by the court. Citizenship or status as an alien, legal or illegal, have nothing to do with the common law concept of standing.
 
2008-10-09 11:11:28 AM  
Taxpayers should be all for this move. The police don't actually pay for it, you do.
 
2008-10-09 11:12:59 AM  
leftistcoast: I think you're confused as to what grants a person standing to sue. It's a pretty low bar; you generally just have to show you have suffered harm or injury that can be redressed by the court. Citizenship or status as an alien, legal or illegal, have nothing to do with the common law concept of standing.

Insanity. We provide this guy with free housing, healthcare, meals, gym membership and other amenities for 19 years and we're now offering to provide him an all expense paid trip to an exotic location and he has the audacity to sue for that? What an uppity ingrate.
 
2008-10-09 11:13:42 AM  
She shouldn't have opened the box...

img.photobucket.com
 
2008-10-09 11:14:48 AM  
farm machine: Insanity. We provide this guy with free housing, healthcare, meals, gym membership and other amenities for 19 years and we're now offering to provide him an all expense paid trip to an exotic location and he has the audacity to sue for that? What an uppity ingrate.

8/10. You had me until "uppity ingrate."
 
2008-10-09 11:16:10 AM  
you farkers consider jailtime for a wrongful conviction a favor?
 
2008-10-09 11:18:05 AM  

If you are in prison for 19 years, you will do at least one crime in there.


That you, Inspector Javert?
 
2008-10-09 11:18:56 AM  
HunterNIU: HotKarl: Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.

if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.

A. Just don't be a dumbass and get yourself thrown in prison.
B. Way too sell smack and help other people fark up their lives just to save your own ass.




fail. he was WRONGFULLY accused. thrown in there having done anything wrong. im with the other guy. my ass gets tossed to the wolves for something i didnt know i would be INVENTING new and exciting drugs just to sell em
 
hej
2008-10-09 11:28:39 AM  
So is this guy also suing the jury for a wrongful conviction?
 
2008-10-09 11:30:48 AM  
Let his azz sue from Trinidad.
 
2008-10-09 11:32:22 AM  
j__z:
Prison, shockingly it's a place where outstanding morality/citizenship are not encouraged. More on this at 11

This is why prisoners should be kept in solitary confinement for the duration of their terms, to avoid temptation to commit jail house crimes and victimize other inmates/guards. If they're still sane when their sentence is up, they must have been guilty to begin with, lock them up again. If they are insane by then, they were clearly innocent, release them and set them up with a new career as a right-wing radio host.
 
2008-10-09 11:34:03 AM  
illustri: you farkers consider jailtime for a wrongful conviction a favor?

Mostly that's the trolls. However, there's no point of view so wacky that you won't find farkers who'll argue it passionately. That's all part of the fun.
 
2008-10-09 11:36:39 AM  
NightOwl2255: sarcasman: NightOwl2255: If he's not a legal citizen, he really doesn't have much standing.

WOW!

- Human Rights: it's just a obsolete phrase that people used in the 'olden days'.

Human Rights has little to do with legal standing. If you enter a country illegally, do not expect to avail yourself of their legal system. Doesn't mean they have the right to violate your human rights, but you sure as hell don't have the right to sue.


I assume this is trolling, but just fyi for anyone else wondering, even illegal aliens can bring lawsuits for torts committed against them here, and can also sue public employees for constitutional violations. Even Mr. Charles, scum that he is, is not having his lawsuit DISMISSED-- he is simply being deported (as of now anyway). The civil trial can proceed in his absence. If he cannot be present in this country for the trial, his lawyers can use a video deposition of him at trial; or, federal courts may also allow him to appear live at the trial by video linkup from his native country.

Obviously his story will lose immediacy if the jury can't physically be right near him. On the other hand, this case's major focus seems to be on police activities and alleged conspiracies, so the trial will turn largely on incidents that the plaintiff's testimony won't directly address.

Like the judge, many wonder what harm six more months would do. Of course, when you look at his criminal history the answer seems to be "potentially a LOT of harm." It would be one thing if his only offense being here illegally, THEN I might be in favor of delaying his deportation till his trial is over. If his lawsuit is justified, I hope he wins it- but again, I hope he wins it from his home country. He doesn't need to be here for the lawsuit to proceed. If it makes it inconvenient- well, you can expect consequences down the road when you are a convicted drug dealer.
 
2008-10-09 11:37:03 AM  
HunterNIU: HotKarl: Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.

if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.

A. Just don't be a dumbass and get yourself thrown in prison.
B. Way too sell smack and help allow other people fark up their own lives just to save your own ass.


FTFY - Personal responsibility FTW. People shouldn't do heroin etc. because it's farking stupid, not because they can't get it when they look. If someone's stupid enough to go out of their way to buy heroin, fark em. It's not like the average dealer goes around passing the stuff out at parties, esp. in prison. If someone has H in prision, it's because they paid for it...somehow
 
2008-10-09 11:39:48 AM  
hej: So is this guy also suing the jury for a wrongful conviction?

You can't do that.
 
2008-10-09 11:40:55 AM  
theinsultabot9000: HunterNIU: HotKarl: Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.

if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.

A. Just don't be a dumbass and get yourself thrown in prison.
B. Way too sell smack and help other people fark up their lives just to save your own ass.



fail. he was WRONGFULLY accused. thrown in there having done anything wrong. im with the other guy. my ass gets tossed to the wolves for something i didnt know i would be INVENTING new and exciting drugs just to sell em


Fail. His conviction was overturned based on junk understanding of science. Unless the case was predicated entirely on DNA evidence, lack of DNA evidence shouldn't be enough to overturn a conviction. Unlike what TV would have you believe, large findable amounts of you aren't constantly sloughed off, even during violent crimes and sex.
 
2008-10-09 11:42:08 AM  
Who was I to think there would be a fair and balanced debate on Fark?
The law is what it is: Pinning special discrimination on people for their immigrant status is wrong, and should not cloud or pervert justice in other mattes.
The U.S. should not dispense justice based on nation of origin.
His willingness to mule heroin was wrong, and should be punished; but since it occurred AFTER THE FACT of his overturned conviction, i should not be considered in this case.
 
2008-10-09 11:47:47 AM  
It, not I... Damn typo!
 
2008-10-09 11:47:58 AM  
Mr Guy: theinsultabot9000: HunterNIU: HotKarl: Ryan2065: Lonestar: If you are in prison for 19 years, you will do at least one crime in there.

I don't think "trafficking heroin" is usually someone's first crime.

if trafficking heroin protects my sweet sweet anal cherry in prison, guess what buddy. i'm trafficking heroin like mad.

scary anal sex aside. i'd do whatever it takes to not get killed. selling a bit of smack in the joint sounds way more fun then being someone elses' penis depository.

A. Just don't be a dumbass and get yourself thrown in prison.
B. Way too sell smack and help other people fark up their lives just to save your own ass.



fail. he was WRONGFULLY accused. thrown in there having done anything wrong. im with the other guy. my ass gets tossed to the wolves for something i didnt know i would be INVENTING new and exciting drugs just to sell em

Fail. His conviction was overturned based on junk understanding of science. Unless the case was predicated entirely on DNA evidence, lack of DNA evidence shouldn't be enough to overturn a conviction. Unlike what TV would have you believe, large findable amounts of you aren't constantly sloughed off, even during violent crimes and sex.


You must be doing it wrong.
 
2008-10-09 12:05:57 PM  
Person: Or it's entirely possible that the other semen samples came from consensual sex partners.

Eye witness statements are very unreliable, especially when the two are of different races. That however doesn't mean the two rape victims that did identify him are wrong.

He's wrongfully convicted in the legal sense, but he's hardly what I'd call completely innoccent. It's not a case where actual fluids inside the victims that were originally identified as his turned out to be someone elses nor did someone else come forward and claim to have committed the crimes.


If he's wronfully convicted then legally he IS innocent, until someone proves beyond a reasonable doubt, that he's guilty. That's the American way. period. And what the prosecutors did here is called a Brady Violation. Since the scales are somewhat tipped towards the prosecution, what with their unlimited access to taxpayer funded investigators, forensic experts crime lab equipment, etc the courts have said that prosecutors MUST turn over any evidence to the defense that might prove Exculpatory (tend to prove they didn't do it). Now whether the semen evidence would defintely have changed the outcome of the trial is irrelevant. It MIGHT have, thus it was required to be turned over by prosecutors. They didn't do that, ergo thier trial is automatically invalid, and this guy returns to "innocent until proven guilty" status. The real shame is that the prosecutors won't catch an "obstruction of Justice" charge of their very own.
 
2008-10-09 12:06:22 PM  
NightOwl2255:
large findable amounts of you aren't constantly sloughed off, even during violent crimes and sex.

You must be doing it wrong.


No kidding. I lost a toe during coitus once.
 
2008-10-09 12:08:31 PM  
"If his lawsuit is justified, I hope he wins it- but again, I hope he wins it from his home country. He doesn't need to be here for the lawsuit to proceed. If it makes it inconvenient- well, you can expect consequences down the road when you are a convicted drug dealer."

THIS
 
2008-10-09 12:08:55 PM  
rubi_con_man: If you're here, not a citizen, and don't have permission, then GTFO.

It's really very simple.


And if you are visiting a foreign country and are wrongfully thrown in prison for 18 years for a crime you didn't commit...you would be OK with that? What if the prosecutors intentionally withheld evidence that indicated you were innocent?

This guy was most likely railroaded because he was foreign and black. It takes a really sick person to defend the actions of those that put this guy in prison or the ones now trying to deport him to avoid paying compensation.
 
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