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(Opposing Views)   Innocent man spends month in prison for a crime he didn't commit, despite having both an alibi and video evidence showing he wasn't at the scene of the crime. That's some mighty fine police work, Officer Lou   (opposingviews.com) divider line 132
    More: Fail, Pittsburgh Police, DeAndre Jordan, DeAndre Brown, preliminary hearing, WPXI, robbery, convicts  
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16518 clicks; posted to Main » on 04 Nov 2013 at 12:21 AM (51 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



132 Comments   (+0 »)
   
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2013-11-03 08:35:32 PM  
Is he black?

*click*

That's a BINGO!
 
2013-11-03 09:04:29 PM  
Fails to see the problem:

www.bitlogic.com
 
2013-11-03 09:45:05 PM  
WTF is this shiat!

Lawsuit time.
 
2013-11-04 12:04:21 AM  
Why let the facts get in the way of your arrest
 
2013-11-04 12:24:02 AM  
Who are you going to believe, a good Cop or some lying camera?
 
2013-11-04 12:25:04 AM  
Maybe he should call...

the A-Team.

/sunglasses
 
2013-11-04 12:25:17 AM  
Hes black and his name is Brown. Thats a probable cause for an arrest right there. Was he on cops? I could swear he was on cops, the episode where they arrest the black guy after running him down.
 
2013-11-04 12:26:33 AM  
Time to get all sue-ey!
 
2013-11-04 12:27:10 AM  
The metric is "closing cases." Not getting it right. Nobody gets fired for putting the wrong person in jail.
 
2013-11-04 12:27:40 AM  
Well, there was an eye-witness and as we all know they are much better than video cameras at recording information accurately.
 
2013-11-04 12:29:54 AM  
One: lawsuit
Two: fired cops and prosecutors.
 
2013-11-04 12:30:06 AM  
This is my shocked face

cdn-static.denofgeek.com
 
2013-11-04 12:30:10 AM  
However, at Brown's preliminary hearing, Nightingale tried to provide the investigating officer with the alibi information, but the officer refused to listen.

I guess I don't understand what a preliminary hearing is exactly.

why would it matter if the cop listened to him or not? isn't that what the judge is supposed to do? he's already arrested and in custody, isn't the prosecutor the one who then decides to continue with charges or dropping them?
 
2013-11-04 12:32:16 AM  
I sure hope this guy didnt get fired for not showing up for work for security for 1 month. I mean, it would leave a position open for a white ex-cop.
 
m00
2013-11-04 12:34:14 AM  
www.opposingviews.com www.benbarren.com
 
2013-11-04 12:35:08 AM  
I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it.

/RIVERSIDE CA IS CORRUPT AS FARK, YO.
 
2013-11-04 12:35:45 AM  
A preliminary hearing is a hearing where the state is required to put on evidence showing the probable cause exists to move forward with a trial.  The PH usually has to be held within a relatively short time after an initial arrest.  In most jurisdictions, only the state puts on evidence at a PH.  The defendant can cross examine the state's witnesses, but that's it.  So it's not surprising or unusual that the state refused to acknowledge any potential exculpatory evidence at that phase.  The state doesn't have any way of knowing where you got that tape, if it's authentic, who your alibi witness is, if they're reliable, etc.  Those are things that you use at trial.  Or, in all likelihood, these are things you show to the prosecutor prior to going to trial to get them to drop the charges.  Which appears to be what happened in this case.

The reason he was in jail for a month is that he couldn't post bail.  Which isn't all that surprising considering that was accused of armed robbery.

Oh, and he spent a month in jail.  Not prison.

Other than that, great headline.
 
2013-11-04 12:37:31 AM  

m00: [www.opposingviews.com image 301x251] [www.benbarren.com image 850x635]


black people all look alike
 
2013-11-04 12:38:00 AM  

m00: [www.opposingviews.com image 301x251] [www.benbarren.com image 850x635]



www.billboard.com
 
2013-11-04 12:38:25 AM  

log_jammin: However, at Brown's preliminary hearing, Nightingale tried to provide the investigating officer with the alibi information, but the officer refused to listen.

I guess I don't understand what a preliminary hearing is exactly.

why would it matter if the cop listened to him or not? isn't that what the judge is supposed to do? he's already arrested and in custody, isn't the prosecutor the one who then decides to continue with charges or dropping them?


Yeah, at the prelim, it's not up to the cops anymore to decide if they were going to accept the alibi information or not. That's all on the DA and the judge. According to a five-second Google search of "preliminary hearing:"

A preliminary hearing, also called a probable cause hearing, is held in some jurisdictions after someone has been arrested and charged with a crime or crimes. During the preliminary hearing, a magistrate or judge decides whether the person should be held over for trial, that is, whether there is enough evidence to proceed.

It can be a little different depending on the jurisdiction; but in no place I know of does the COP decide whether he wants to accept evidence or not--it's up to the JUDGE to decide whether he thinks the evidence is sufficient to continue the case.

So either a) the evidence wasn't presented at the prelim and they're talking about something completely different; or b) the judge is in big trouble here.
 
2013-11-04 12:38:29 AM  

anuran: Who are you going to believe, a good Cop or some lying camera?


/no such thing as a good cop
 
2013-11-04 12:39:12 AM  

khyberkitsune: I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it.

/RIVERSIDE CA IS CORRUPT AS FARK, YO.


You're farking from prison?  Man, I thought cruel and unusual punishment was unconstitutional.
 
2013-11-04 12:43:18 AM  

khyberkitsune: I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it.

/RIVERSIDE CA IS CORRUPT AS FARK, YO.


A felony for something email related? Did you get mad after elections and threaten a certain president?
Oh wait, don't answer that. You're innocent. We're all innocent in here. WINK WINK
showwatcher.com
 
2013-11-04 12:44:30 AM  
If you support the American legal system, this is the culture you support. With the world's highest incarceration rate and more DA lawyers than anyone else per capita feeding for profit prison systems young men by the scoopful, it's more important to catch a man than to catch an actual criminal.

And don't fool yourself with "innocent until proven guilty" either. If you're arrested, you're guilty. From the moment you're taken you are guilty. The trial is only a formality and can take many months, even years to happen if at all. For some offenses, even if you are found innocent, you're already guilty because of some newspaper article. Accused of rape? Your arrest is headline news, the redaction and dismissal of all charges doesn't even make a single line in 5 point font on the next to the last page printed behind the crossword puzzle.

This is why we need reform in both the system from the ground up. We have to look at people the police have arrested not as criminals, but merely as people the police have arrested. Ghandi went to jail, too, you know.
 
2013-11-04 12:49:29 AM  
I've seen Pennsylvania cops in action in person...They are a law unto themselves and the state doesn't care...Poor guy arrested will be lucky to get the state to help him find another job if in fact he lost/can't get his old one back...
 
2013-11-04 12:52:00 AM  

Talondel: Oh, and he spent a month in jail. Not prison.


You say that like it means something.

House Arrest or Probation are still a robot making you do breathalyzers 3 times a day and a big black man with a gun making you piss where he can see your dick for the drug test every now and then and angry phone calls that end with a squad car pulling up to your house, lights on, because your bracelet was set up wrong and the mailbox was registering as out of bounds and you have to allow on-duty policemen into your home to re-position an antenna six feet north, EVEN THOUGH NOTHING YOU'RE BEING FALSELY ACCUSED OF EVEN COMES CLOSE TO A DRUG CHARGE. /rant

Anyway, point is six of one is still half a dozen of the other. And with the false conviction rates, prison probably has just as many people as jails do who are legitimately innocent.
 
2013-11-04 12:54:25 AM  
Talondel:

Oh, and he spent a month in jail.  Not prison.

Other than that, great headline.


Oh. Forget him then. Damn whiner.
 
2013-11-04 12:59:12 AM  
Cops, courts, and prisons aren't for Justice. They are for punishment.

Anyone will fill a cell for the corporation. An innocent one will bring in just as much profit as a guilty one.
 
2013-11-04 01:00:43 AM  

Talondel: Oh, and he spent a month in jail. Not prison.


It doesn't matter if the facility is called jail or prison.  Either way an innocent man was locked up in a cage.  The cop who didn't want to see the evidence this guy was elsewhere and couldn't have been the robber.  Cops don't get fired for shiat like this.  They should.  They should also be subject to some time behind bars for idiocy like this.  Because of this cop's attitude, the real criminal has yet to be arrested and is still out there where he can commit another crime whenever he feels like it.
 
m00
2013-11-04 01:01:05 AM  

log_jammin: m00: [www.opposingviews.com image 301x251] [www.benbarren.com image 850x635]

black people all look alike


i0.kym-cdn.com
 
2013-11-04 01:05:11 AM  

almandot: Oh. Forget him then. Damn whiner.


It's a shame that a witness identified the wrong person.  And he certainly should complain about that.  But without knowing more about how or why he was identified, it's hard to know who (if anyone) to blame for that. It could be the witness or it could be the cop.  But from the article the procedures that were supposed to be followed were followed.  A PH is not a contested hearing where both sides put on evidence.  It's a procedural check where the state is required to put on enough evidence to show that the matter can proceed to trial and to determine what the accused's release conditions will be.  In this case, the state's evidence was "There's an eyewitness who said he was the guy with the gun" which is enough to satisfy that part of the hearing.  It also appears that bail was set, so he wasn't being held without bail.   However, he was not able to post bail, probably because it was set relatively high, which wouldn't be surprising considering the charges he was facing.

Yes, if you're accused of serious felony, and there's enough evidence to hold you, you're well and truly farked.  But the headline makes it sound like this is something that should have been fixed at the PH, which simply isn't the case.
 
2013-11-04 01:05:42 AM  

brimed03: The metric is "closing cases." Not getting it right. Nobody gets fired for putting the wrong person in jail.


seems there is major emphasis put on the cost of training law enforcement personnel as a get out of jail free card. combine that with emphasis on minimizing personal risk to avoid injury and you wind up with a public servant that rarely gets punished or fired for incompetence.

perhaps if there was accredited schools one had to pay tuition to attend a large burden would be taken off the tax payers and personal responsibility would come into play. in a career field filled with psychologically damaged individuals it's even more important to root out the local good ol' boy network of run amuck mental midgets and replace them with competent and semi-sane individuals. we won't be seeing that anytime soon.
 
m00
2013-11-04 01:14:24 AM  

Talondel: It's a shame that a witness identified the wrong person.


So hypothetically if this wrong person whom had a videotape alibi died in jail while awaiting trial, is the state accountable? I'm curious at what point a really dubious charge turns into negligence if harm ends up being done.
 
2013-11-04 01:15:54 AM  

Talondel: But the headline makes it sound like this is something that should have been fixed at the PH, which simply isn't the case.


It should have been taken care of long before a month. Either the DA is just an ass, or the guys lawyer is criminally incompetent.
 
2013-11-04 01:20:03 AM  

timujin: khyberkitsune: I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it.

/RIVERSIDE CA IS CORRUPT AS FARK, YO.

You're farking from prison?  Man, I thought cruel and unusual punishment was unconstitutional.


Felony probation. Still can't go anywhere any my last petition for writ of habeas corpus was denied even in face of the evidence, stating failure to state a prima facie case.
 
2013-11-04 01:21:20 AM  
At first, I read the headline and I was all outraged and stuff, but then I opened the article and saw that the dude was black and all my outrage disappeared. I was telling my friend this, and he said that I was racist, though I can't understand why he would say that.
 
2013-11-04 01:22:05 AM  

DuudeStanky: A felony for something email related? Did you get mad after elections and threaten a certain president?


Threatening letter with intent to extort. Ex-landlord pulled some serious bullshiat and used a similar trick Nigerian scammers use for e-mail fraud. I only recently discovered the ruse. Even I thought I had done it in a fit of drunken rage.
 
2013-11-04 01:27:06 AM  

khyberkitsune: nor public defender that told me to plead guilty


*facepalm*
 
2013-11-04 01:28:57 AM  
Hey now - he should grateful they didn't shoot him. His blackness was a danger to the community!
 
2013-11-04 01:32:11 AM  
Some cops and prosecutors need to be horsewhipped.

/No, I'm not kidding.
 
2013-11-04 01:32:49 AM  
Another thread where a cop is being a piece of shiat!? WHAT A SURPRISE!
I wonder how much wrongdoing would go on if they were personally liable.
This black man should be awarded dumbshiat's bank account, house, and wife.
Don't like it? Go fark yourself, I couldn't care less what a cop-apologist thinks.
After-all, decent cops get to keep their accounts, houses, and wives to themselves with good reason.
The bad ones can suffer for all I care.
 
2013-11-04 01:49:51 AM  

AbortionsForAll: At first, I read the headline and I was all outraged and stuff, but then I opened the article and saw that the dude was black and all my outrage disappeared. I was telling my friend this, and he said that I was racist, though I can't understand why he would say that.


Wow. Obviously, your friend is the racist for noticing racism. You just never know who will be one...

/unless he's Chinese, they're all racist
 
2013-11-04 02:04:29 AM  

Talondel: A preliminary hearing is a hearing where the state is required to put on evidence showing the probable cause exists to move forward with a trial.  The PH usually has to be held within a relatively short time after an initial arrest.  In most jurisdictions, only the state puts on evidence at a PH.  The defendant can cross examine the state's witnesses, but that's it.  So it's not surprising or unusual that the state refused to acknowledge any potential exculpatory evidence at that phase.  The state doesn't have any way of knowing where you got that tape, if it's authentic, who your alibi witness is, if they're reliable, etc.  Those are things that you use at trial.  Or, in all likelihood, these are things you show to the prosecutor prior to going to trial to get them to drop the charges.  Which appears to be what happened in this case.

The reason he was in jail for a month is that he couldn't post bail.  Which isn't all that surprising considering that was accused of armed robbery.

Oh, and he spent a month in jail.  Not prison.

Other than that, great headline.


You couldn't be more wrong. Most attorneys dont put on affirmative evidence at prelim. Its a chance to see what the prosecution has. HOWEVER, if you have the goods you put it on. Period. A failure to do so is boarder line malpractice.
 
2013-11-04 02:08:29 AM  

khyberkitsune: timujin: khyberkitsune: I feel sympathy for the man. I truly do. I'm doing felony time and yet I have the evidence that outright proves the crime was never committed and the evidence was fabricated (e-mail header is forged) and the DA nor public defender that told me to plead guilty want to do shiat about it.

/RIVERSIDE CA IS CORRUPT AS FARK, YO.

You're farking from prison?  Man, I thought cruel and unusual punishment was unconstitutional.

Felony probation. Still can't go anywhere any my last petition for writ of habeas corpus was denied even in face of the evidence, stating failure to state a prima facie case.


Habeas only works if and while you are locked up.
 
2013-11-04 02:10:04 AM  

Talondel: almandot: Oh. Forget him then. Damn whiner.

It's a shame that a witness identified the wrong person.  And he certainly should complain about that.  But without knowing more about how or why he was identified, it's hard to know who (if anyone) to blame for that. It could be the witness or it could be the cop.  But from the article the procedures that were supposed to be followed were followed.  A PH is not a contested hearing where both sides put on evidence.  It's a procedural check where the state is required to put on enough evidence to show that the matter can proceed to trial and to determine what the accused's release conditions will be.  In this case, the state's evidence was "There's an eyewitness who said he was the guy with the gun" which is enough to satisfy that part of the hearing.  It also appears that bail was set, so he wasn't being held without bail.   However, he was not able to post bail, probably because it was set relatively high, which wouldn't be surprising considering the charges he was facing.

Yes, if you're accused of serious felony, and there's enough evidence to hold you, you're well and truly farked.  But the headline makes it sound like this is something that should have been fixed at the PH, which simply isn't the case.


Wrong. Jesus. All you farkers need to get some MCLE's to sharpen your GED's.
 
2013-11-04 02:11:06 AM  

log_jammin: Talondel: But the headline makes it sound like this is something that should have been fixed at the PH, which simply isn't the case.

It should have been taken care of long before a month. Either the DA is just an ass, or the guys lawyer is criminally incompetent.


Thank you.
 
2013-11-04 02:11:17 AM  

log_jammin: Talondel: But the headline makes it sound like this is something that should have been fixed at the PH, which simply isn't the case.

It should have been taken care of long before a month. Either the DA is just an ass, or the guys lawyer is criminally incompetent.


I can't believe the DA could be that big of an ass. Laziness trumps being an ass, and given once less case to worry about the DA would be prone to listen.
 
2013-11-04 02:14:00 AM  
"I'm extremely disappointed the police officer investigating this matter completely ignored the alibi witness," Nightingale said.

You?

Try being on the ass end of fourth reich horsesh*t like this.

Never mind, I forgot.  Cops just do as they please and never catch hell for the wake of misery they leave behind.
 
2013-11-04 02:19:59 AM  

Por que tan serioso: Habeas only works if and while you are locked up.


Several other attorneys said it applies if you are in custody of the state. Probation/parole is still in custody when you cannot leave the state.

They probably wanted money and told me some nonsense, then.
 
2013-11-04 02:23:39 AM  
"I'm just glad this thing is over," said Yvonne Brown, DeAndre's mother.

I really, really  hope it isn't
 
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