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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 33
    More: Fail, Pittsburgh Police, DeAndre Jordan, DeAndre Brown, preliminary hearing, WPXI, robbery, convicts  
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16515 clicks; posted to Main » on 04 Nov 2013 at 12:21 AM (45 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2013-11-04 12:44:30 AM
6 votes:
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 12:27:10 AM
5 votes:
The metric is "closing cases." Not getting it right. Nobody gets fired for putting the wrong person in jail.
2013-11-03 09:45:05 PM
4 votes:
WTF is this shiat!

Lawsuit time.
2013-11-04 01:32:49 AM
3 votes:
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 12:04:21 AM
3 votes:
Why let the facts get in the way of your arrest
2013-11-03 08:35:32 PM
3 votes:
Is he black?

*click*

That's a BINGO!
2013-11-04 09:21:42 AM
2 votes:

theotherles: Some cops and prosecutors need to be horsewhipped.

/No, I'm not kidding.


Anyone that intentionally ignores exculpatory evidence should lose their jobs and any benefits they were entitled to.  Cops, prosecutors, judges, the whole lot of them.  I'm sick of hearing prosecutors brag about 100% conviction rates.  All that tells me is that you knowingly put innocent people in prison or you knowingly let guilty people go because you thought there was a chance you would lose the case and your perfect record was more important than justice.
2013-11-04 02:36:47 AM
2 votes:

doglover: 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.


This!
2013-11-04 12:59:12 AM
2 votes:
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 12:27:40 AM
2 votes:
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 12:24:02 AM
2 votes:
Who are you going to believe, a good Cop or some lying camera?
2013-11-04 08:52:36 AM
1 votes:

vygramul: lack of warmth: The first spring after my son was born, I almost got arrested for something I hadn't done.  I was working third shift at a retail store working the register, when the robbery took place on my last night.  I was busy training the replacement when a guy came in wearing a badge and carrying tools.  He claimed to be there to fix the Coinstar machine and since I was busy, didn't question it.  Later he comes up to me and tells me the machine cannot be fixed by him, he will need to get his supervisor to help him.  I say okay, and put an 'Out of Order' sign up.  A week later, I was being interrogated for the robbery since the video showed me casually talking with the thief.  My alibi was he ripped off 8 more stores before being caught, as we just happened to be the first store hit.  The investigators, store company investigators, did break into my car looking for evidence, which my boss denied.  It was too obvious the way my car was unlocked three days in a row when I left work, until I had an uniform officer come out to see if I could file a report.  I never had an unlocked car before or since then, so there was no coincidence.

/I so get this man's stress level, even though I wasn't arrested, I was a newlywed with an infant son
//hopefully his boss takes him back without issue.

I didn't get that level of harassment, but I was once pulled over while walking by a cop on the lookout for a rapist described as tall, white, with red hair and a black shirt. It would had to have been one calm rapist to walk from the rape to the McDonald's and then towards home, but apparently, it happens. I was walking along the street when a cruiser starts following me. I thought it a little strange but at first figured he was doing something else. But when I turned into my parking lot and he turned as well, I knew something was up. He flashed his lights and got out to talk to me. I put my McDonald's bag on his hood to help keep it warm while he talked to me. He asked for ...


So the takeaway here is if you are going to rape someone, go to McDonald's afterward and make sure to walk home calmly?
2013-11-04 08:18:11 AM
1 votes:
Remember kids; Cops aren't there to get to the truth. They are there to inflict maximum damage at put your ass in jail any way they can. It makes them feel like they are "doing something" and since you are a "civilian" you probably have it coming anyway.

Only other cops are worthy of benefit of the doubt.
2013-11-04 05:57:30 AM
1 votes:
Jail /= Prison

Just saying....  jails are full of innocent people who cannot afford bail.  This is a big part of why they exist.
2013-11-04 03:20:25 AM
1 votes:

Por que tan serioso: As an officer you are no doubt aware that it would be unlawful for you to consider anything outside the scope of the hearing. Sure you can listen all you want before but attempting to sell the states designsted investigator on evidence with no factual bases or offer of proof at a prelim is unheard of. A) wrong time B) Wrong place C) wrong person. The atty should have had the video authenticated showed the video and put on the other evidence. Most attorneys would love to hand the state their ass at prelim because as you stated the burdon to bind a defendant over for trial is so low. Unfortunately the PD's office is seriously un ...


 http://lampmanlaw.com/prelimhearing.htm

The above link will explain what can be presented at a preliminary hearing in Pennsylvania. The defense attorney should have presented the alibi evidence to the DA or the police officer for consideration, or alternatively should have presented it to the judge as evidence during the prelim.

If the alibi evidence was so convincing, the defense attorney should have done something with it long before the prelim. He could have met with the investigating officer and his supervisor and asked that the case be reopened, and if that didn't work, he could have gone to the media. It sounds like he just sat on it while his client sat in jail though.
2013-11-04 02:39:40 AM
1 votes:

CruiserTwelve: Por que tan serioso: 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.

Defense attorneys rarely present evidence at a preliminary hearing, although they are allowed to do so. At a prelim, the judge must look at the evidence "in the light most favorable to the prosecution," so defense evidence doesn't hold much weight.

In this case the investigating officer should have looked at the alibi evidence and, if it was convincing, approached the DA and asked for the charges to be dropped pending further investigation. If the cop didn't do that, the defense attorney should have asked for a pretrial conference with the DA and presented the evidence for consideration.

Either the cop was lazy, incompetent, or he didn't believe the alibi evidence. The defense attorney is not without blame, however. If his alibi evidence was that convincing he should have presented it at the preliminary hearing for the judge to consider, or he should have asked for a pretrial conference.

I'd like to know how they considered this guy a suspect in the first place. Why did they even show his picture to the victim for identification? There's something missing from this story.


You need to get out of here with your facts and thoughtfullness and stuff. We have witches to burn, dammit!
2013-11-04 02:27:42 AM
1 votes:
"I'm just glad this thing is over," said Yvonne Brown, DeAndre's mother.

I really  hope it isn't
2013-11-04 02:23:39 AM
1 votes:
"I'm just glad this thing is over," said Yvonne Brown, DeAndre's mother.

I really, really  hope it isn't
2013-11-04 02:14:00 AM
1 votes:
"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 01:27:06 AM
1 votes:

khyberkitsune: nor public defender that told me to plead guilty


*facepalm*
2013-11-04 01:05:42 AM
1 votes:

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.
2013-11-04 01:00:43 AM
1 votes:

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.
2013-11-04 12:54:25 AM
1 votes:
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 12:52:00 AM
1 votes:

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 12:43:18 AM
1 votes:

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 12:38:25 AM
1 votes:

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 12:35:45 AM
1 votes:
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 12:30:10 AM
1 votes:
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 12:30:06 AM
1 votes:
This is my shocked face

cdn-static.denofgeek.com
2013-11-04 12:29:54 AM
1 votes:
One: lawsuit
Two: fired cops and prosecutors.
2013-11-04 12:26:33 AM
1 votes:
Time to get all sue-ey!
2013-11-04 12:25:17 AM
1 votes:
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.
2013-11-03 09:04:29 PM
1 votes:
Fails to see the problem:

www.bitlogic.com
 
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