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(Austin Statesman)   Former Texas DA, now judge, ordered arrested for lying to the court and hiding evidence from an innocent man recently released after serving 25 years. TX Justice finally gets it right   (statesman.com) divider line 110
    More: Cool, TX Justice, Texas, Williamson County, Judicial Conduct, criminal contempt, trial courts, Texas Supreme Court, Rusty Hardin  
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10298 clicks; posted to Main » on 20 Apr 2013 at 8:49 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-20 04:58:40 PM  
about time
 
ZAZ [TotalFark]
2013-04-20 05:20:10 PM  
Anderson's lawyer, Eric Nichols, told Sturns that he will file an appeal challenging the ruling, saying he believes the court of inquiry exceeded its authority, that the accusations against Anderson lacked merit and that Sturns mistakenly ruled that the statute of limitations did not apply to events that took place more than two decades ago.

Statute of limitations sounds like a good defense to the statutory crimes. The criminal act was complete many years ago.

I don't know if there is a limitations period for contempt of court; judges normally claim their right to cite for contempt is inherent in their office and no law can stop them.
 
2013-04-20 05:50:10 PM  
Judge should not be an elected position.

Also, I hope this guy gets two days for each day the innocent guy served. Likely won't serve a day, though.
 
2013-04-20 05:56:15 PM  

ZAZ: Anderson's lawyer, Eric Nichols, told Sturns that he will file an appeal challenging the ruling, saying he believes the court of inquiry exceeded its authority, that the accusations against Anderson lacked merit and that Sturns mistakenly ruled that the statute of limitations did not apply to events that took place more than two decades ago.

Statute of limitations sounds like a good defense to the statutory crimes. The criminal act was complete many years ago.

I don't know if there is a limitations period for contempt of court; judges normally claim their right to cite for contempt is inherent in their office and no law can stop them.


Frauds upon the court are generally not subject to statutes of limitations
 
ZAZ [TotalFark]
2013-04-20 06:04:17 PM  
The maximum sentence authorized by statute for contempt of court is a total of 18 months for all incidents of contempt "arising out of the same matter." As I said, it's possible that judges will find an inherent power to disregard the statute.
 
2013-04-20 06:07:34 PM  
media.cmgdigital.com
Hey I'm of the old boy network....we all went to U of T. GO LONGHORNS!!!!!
media.cmgdigital.com
How about NO!
 
2013-04-20 06:08:17 PM  
If I had spent 25 years in prison because of a scumbag DA, then was released to see the DA had climbed the career ladder to judge and could weasel out of my wrongful conviction, I believe I would be headed right back into the big house for murder of a judge.....

/for reals.... I've already done a 25 year stretch for something I DIDN'T do.....
//it would probably be old home day when I got back anyway... Pick up my mail, see my "cellie" for some quiet time...
 
2013-04-20 06:10:25 PM  
Hey, sometimes the innocent have to be punished to scare the guilty.  That's what American justice is all about, right?
 
2013-04-20 06:15:30 PM  
Prosecutors are far more interested in closing cases and scoring convictions than they are finding the truth.  "Well I'm sure he's gotten away with something" is a prevailing justification.
 
2013-04-20 06:21:53 PM  
I am thinking the statue of the limitations of this will be the applicable thing but he should be the individual who is left to do the rotting in the prison.
 
2013-04-20 06:29:45 PM  

Earguy: Prosecutors are far more interested in closing cases and scoring convictions than they are finding the truth.  "Well I'm sure he's gotten away with something" is a prevailing justification.


In the book "Homicide", about the criminal justice system in Baltimore there's a chapter which is about exactly what you just said. Hell no, no District Attorney is gonna try any case that they think will bring down their conviction rate and watch how hard they try for a plea bargain if they think a case is really shaky. A plea bargain is just as good as a conviction.
 
2013-04-20 06:47:48 PM  
So, some little boy saw his mother murdered and then his father was taken away? F*ck this cracker judge, he should be sued into oblivion and stripped of any credentials as well as doing time in pmitap.
In fact, I'd like to see a special facility just for the people in 'authority' that do sh*t like this. One of the lower rungs of hell is a good start.
 
2013-04-20 07:39:37 PM  
I'd say that "eye for an eye" would be appropriate here.

Now say "goodbye" to your wife, and "hello" to your new roommate:

www.stomptokyo.com
 
2013-04-20 07:49:38 PM  

meow said the dog: I am thinking the statue of the limitations of this will be the applicable thing but he should be the individual who is left to do the rotting in the prison.


The clock of limitation may start at different times:

when the harm is done

when the plaintiff should have discovered the harm

when the plaintiff actually discovers the harm

In cases like this, where the defendant allegedly tried to conceal the harm, it is reasonable to give the plaintiff the best possible start time.
 
2013-04-20 07:52:54 PM  
Michael Morton's story is amazing. I highly recommend this article about it. (LGT part one.) It's long but worth the time.
 
ZAZ [TotalFark]
2013-04-20 07:58:23 PM  
BarkingUnicorn

Does Texas apply the discovery rule or similar principle in criminal cases?
 
2013-04-20 07:59:13 PM  
Justice delayed is justice denied. That's what Texas justice is.
 
2013-04-20 08:00:19 PM  
pre.cloudfront.goodinc.com

Thow that bastard under the jail and lose the key. Set an example for others.
 
2013-04-20 08:23:25 PM  

Red Shirt Blues: [media.cmgdigital.com image 615x410]
Hey I'm of the old boy network....we all went to U of T. GO LONGHORNS!!!!!
[media.cmgdigital.com image 615x410]
How about NO!


The second caption would have been funnier if it were just "Gig 'em."
 
2013-04-20 08:40:10 PM  
His entire pension should go to the wrongly convicted man.
 
2013-04-20 08:52:22 PM  
Send that sonofabiatch to Huntsville.
 
2013-04-20 08:53:56 PM  

TommyymmoT: His entire pension should go to the wrongly convicted man.


YEP
 
2013-04-20 08:56:17 PM  

ZAZ: BarkingUnicorn

Does Texas apply the discovery rule or similar principle in criminal cases?


It seems to be doing so in this case.  Defense is arguing that it shouldn't, of course.
 
2013-04-20 08:56:53 PM  
Commas, how do they work?
 
2013-04-20 08:58:06 PM  
$7,500 bail for stealing 25 years from an innocent man?
 
2013-04-20 08:58:44 PM  
If I were wrongly convicted and wasted 25 years of my life in prison because the DA purposefully withheld evidence and lied to the judge about it and then said DA is not punished accordingly, I would probably be spending another 25 years in prison for murder.
 
2013-04-20 09:01:16 PM  
fta This court cannot think of a more intentionally harmful act than a prosecutor's conscious choice to hide mitigating evidence

img.photobucket.com
 
2013-04-20 09:03:44 PM  

Three Crooked Squirrels: Judge should not be an elected position.

Also, I hope this guy gets two days for each day the innocent guy served. Likely won't serve a day, though.


I guess I am more of an "eye for an eye" type.  Justice would be if the lying piece of shiate served every day, hour, and minute that the innocent guy had to.  Same cell, preferably.
 
2013-04-20 09:03:50 PM  

Bonanza Jellybean: $7,500 bail for stealing 25 years from an innocent man?


Evidently, you do not comprehend the full criteria for setting bail.  It's not just the severity of the alleged crime.  There may well be statutory bail limits on this sort of crime, which is not "theft of 25 years."
 
2013-04-20 09:05:35 PM  

AbbeySomeone: So, some little boy saw his mother murdered and then his father was taken away? F*ck this cracker judge, he should be sued into oblivion and stripped of any credentials as well as doing time in pmitap.
In fact, I'd like to see a special facility just for the people in 'authority' that do sh*t like this. One of the lower rungs of hell is a good start.


Paying the Russians to reopen one of their Gulags for something like that would be pretty cool....

/ bet Russia could use the revenue...
 
2013-04-20 09:05:50 PM  

Bonanza Jellybean: $7,500 bail for stealing 25 years from an innocent man?


Pfft. You think that's brutal? You should see what happens when they catch someone with some weed.

..

wait...
 
2013-04-20 09:06:44 PM  

BarkingUnicorn: Bonanza Jellybean: $7,500 bail for stealing 25 years from an innocent man?

Evidently, you do not comprehend the full criteria for setting bail.  It's not just the severity of the alleged crime.  There may well be statutory bail limits on this sort of crime, which is not "theft of 25 years."


Bail is made to prevent people from being a flight risk. Which he is not.
 
2013-04-20 09:08:32 PM  

Rockstone: Bail is made to prevent people from being a flight risk. Which he is not.


Does stuffing him in a cannon and shooting him at that prick in Boston constitute a 'flight risk?'

'Cause... he might be.
 
2013-04-20 09:11:04 PM  
One down, 1500 to go.
 
2013-04-20 09:12:51 PM  
I am extremely happy to read this.
 
2013-04-20 09:12:56 PM  

ZAZ: Statute of limitations sounds like a good defense to the statutory crimes. The criminal act was complete many years ago.


Couldn't an argument be made that as long as the guy was in jail, it was a continuing crime?
 
2013-04-20 09:13:17 PM  
Wasn't the first time, won't be the last. As legal system types make it as impossibly difficult as they possibly can for an innocent person to be set free there must be some sort of weird, sick and twisted psychological anamoly that drives them. I cannot fathom a sane healthy person being able to condone knowing an innocent person is spending one day in prison.
 
2013-04-20 09:14:52 PM  
Suddenly, no care would be given if they execute this retard.
 
2013-04-20 09:20:25 PM  
Is Texas obligated to pay restitution for time served as innocent in cases of miscarriage of justice as some states are?  Or do they weasel out on this by placing the blame solely on prosecutor malfeasance?

Also, didn't see in the article if this were the case, but did Innocence Project get him out?
 
2013-04-20 09:22:34 PM  
He's trying to invoke the statute of limitation on his case.  Fark that.  The time limit should be no less than twice the time an innocent person spent in prison.  This is nearly the worse type of professional misconduct.  The only thing that could have been worse would have been if the guy had been executed.

On a side note, I believe a prosecutor who purposely gets an innocent man executed is guilty of murder.
 
2013-04-20 09:22:58 PM  
Not only did an innocent man lose 25 years of his life, a child lost both parents. Judge should get at minimum 25 years but that will never happen.
 
2013-04-20 09:26:08 PM  

Rockstone: BarkingUnicorn: Bonanza Jellybean: $7,500 bail for stealing 25 years from an innocent man?

Evidently, you do not comprehend the full criteria for setting bail.  It's not just the severity of the alleged crime.  There may well be statutory bail limits on this sort of crime, which is not "theft of 25 years."

Bail is made to prevent people from being a flight risk. Which he is not.


He isn't considered a flight risk because despite his  corruption, self promotion  and  gross disregard for another human's life he is still a judge and considered 'respectable'. If it were you or I or any ordinary citizen that had committed such an egregious offense the bail  or consequences wouldn't be so light.
 
2013-04-20 09:28:14 PM  
"This court cannot think of a more intentionally harmful act than a prosecutor's conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence," Sturns said.

"This court cannot think of a more intentionally harmful act than a prosecutor's conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence," Sturns said.

"This court cannot think of a more intentionally harmful act than a prosecutor's conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence," Sturns said.

Gee, and I can't think of a punishment that would be suitable for prosecutor(s) who have committed such acts.

It would have to be creative.

Any ideas, Farkers?
 
2013-04-20 09:29:07 PM  

OgreMagi: He's trying to invoke the statute of limitation on his case.  Fark that.  The time limit should be no less than twice the time an innocent person spent in prison.  This is nearly the worse type of professional misconduct.  The only thing that could have been worse would have been if the guy had been executed.

On a side note, I believe a prosecutor who purposely gets an innocent man executed is guilty of murder.


On the upside; a case like this may spur some new laws.
 
2013-04-20 09:31:03 PM  

AbbeySomeone: Rockstone: BarkingUnicorn: Bonanza Jellybean: $7,500 bail for stealing 25 years from an innocent man?

Evidently, you do not comprehend the full criteria for setting bail.  It's not just the severity of the alleged crime.  There may well be statutory bail limits on this sort of crime, which is not "theft of 25 years."

Bail is made to prevent people from being a flight risk. Which he is not.

He isn't considered a flight risk because despite his  corruption, self promotion  and  gross disregard for another human's life he is still a judge and considered 'respectable'. If it were you or I or any ordinary citizen that had committed such an egregious offense the bail  or consequences wouldn't be so light.


Hmmm, I don't know.

Don't you think maybe they should nail him to the floor -  through his ankle bones - just to be sure?
 
2013-04-20 09:32:58 PM  

AbbeySomeone: On the upside; a case like this may spur some new laws.


Lovely laws like "Prosecutors can never be held criminally or civilly liable for any actions done while performing the duties of their office".
 
2013-04-20 09:33:17 PM  

AbbeySomeone: OgreMagi: He's trying to invoke the statute of limitation on his case.  Fark that.  The time limit should be no less than twice the time an innocent person spent in prison.  This is nearly the worse type of professional misconduct.  The only thing that could have been worse would have been if the guy had been executed.

On a side note, I believe a prosecutor who purposely gets an innocent man executed is guilty of murder.

On the upside; a case like this may spur some new laws.


Don't hold your breath.  Judges and prosecutors have too much influence and seriously hate being called out for their wrong-doings.
 
2013-04-20 09:35:11 PM  
theworstmovie.files.wordpress.com
 
2013-04-20 09:36:41 PM  

FitzShivering: Is Texas obligated to pay restitution for time served as innocent in cases of miscarriage of justice as some states are?


Yes, but the legislature is trying to fix that.
 
2013-04-20 09:43:51 PM  
It's a good thing he didn't get the death penalty.
 
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