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(The New Yorker)   Let's look at today's wrongfully convicted thanks to police fraud report. Oh boy   ( newyorker.com) divider line
    More: Asinine, Lawyer, Conviction Integrity Unit, Attorney at law, District Attorney, Prosecutor, Barrister, Steven, Judge  
•       •       •

10261 clicks; posted to Main » on 18 Apr 2017 at 7:37 PM (26 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2017-04-18 05:48:05 PM  
Well, that's actionable. I hope they sue, and I hope they win.
 
2017-04-18 05:59:48 PM  
"police fraud report?"

Also, that's one hell of a sister that guy has.
 
2017-04-18 06:04:16 PM  

FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.


I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.
 
2017-04-18 06:31:47 PM  

Serious Black: FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.

I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.


If a cop or prosecutor did this they should face the same punishment as the perpetrator faced for the original crime. In this case twenty five years.
 
2017-04-18 07:33:01 PM  

Ron Vibbentrop: Serious Black: FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.

I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.

If a cop or prosecutor did this they should face the same punishment as the perpetrator faced for the original crime. In this case twenty five years.


But they won't.  Cops are protected from prosecution in ways we can't even begin to imagine.  The only time they get tried is if they annoy someone higher up in the Department and are thrown to the baying crowds as proof that the PD are willing to take responsibility.

Always remember - the police are not your friend.  Their job is to close cases, not to solve them - they will frame you for a drug charge, or use any statement you make against you in order to claim success.  Legally, they are required to testify for the prosecution, but are not allowed to testify in your defense.  They will harm you just as soon as they will harm the criminal you called them to protect you from.  If you annoy them in any way, even so much as making eye contact when they don't want eye contact, they will beat you - quite possibly to death.  And their colleagues will lie, alter evidence, make evidence disappear, fabricate evidence and give false testimony to protect them from any responsibility.
 
2017-04-18 07:42:40 PM  
Like I said in another thread:
Double police pay to attract better candidates.

But make the penalty for police corruption to be the death penalty.  And you better believe this would count as police corruption.
 
2017-04-18 07:44:28 PM  

Benevolent Misanthrope: Always remember - the police are not your friend. Their job is to close cases, not to solve them - they will frame you for a drug charge, or use any statement you make against you


Not sure I'm willing to follow you for the rest of your post.  But up to this point you were spot on.

Many years ago on Fark.com, someone posted this Youtube Video.  It's 46 minutes long.  I was bored that day so I started watching it, stayed for the entire thing.  Entertaining and wildly informative.  First a defense lawyer, then a cop.  Completely changed my perspective.

Don't talk to the cops -
https://www.youtube.com/watch?v=d-7o9xYp7eE

I suppose if you want the tldr; it's:
Lawyer: "Hey cop, have you ever in your entire lengthy career ever heard something that made you less suspicious of them?"
Cop: "Nope."


Every Q a cop asks you, whatever you say, you literally can only incriminate yourself.  Anything else you say they'll just ignore and keep searching.
 
2017-04-18 07:46:14 PM  
one of her first acts was to start setting up a Conviction Integrity Unit to investigate wrongful convictions. Unlike many similar units across the country, hers is not staffed solely by prosecutors.

ahem...
WHY ARE ANY OF THEM STAFFED BY ANY F*CKING PROSECUTORS
 
2017-04-18 07:46:20 PM  
The prosecutor on the case, Adam Oustatcher, said... It was... "normal practice" in the office to redact information about witnesses who could be endangered if their identities were revealed. "The initial DD-5"-the police report-"was given over in redacted form," he said. "This was done in the office with full approval." He insisted that he did eventually disclose the redacted information to the trial attorney. "My recollection is I gave the information over. I can't remember if I e-mailed it or burned it onto a disk," he says.

He may want to try to remember a little harder for his upcoming bar disciplinary hearing.
 
2017-04-18 07:51:29 PM  
Police are objectively terrible people. Yeah, that one that you know too. Total piece of shiat.
 
2017-04-18 07:53:05 PM  

johnny queso: hmmm, will copcar dozen show up with the same disingenuous bullshiat he was throwing around in the az blue lives matter thread?

heads should roll but nothing will happen to any of these farker's.


this appears to be quite a bit worse- the DA was the one who was redacting this information to bolster their case, not the police.
 
2017-04-18 07:53:50 PM  
FTA "I was, like, 'No Way.'"

And I was, like, "Way, Totally, Way."
 
2017-04-18 07:56:15 PM  
And here we go. Cue the cop-hater rants...

...and rightly so.

Prosecutors are diacks too, and more dangerous. (If you don't count being beaten or killed.)
 
2017-04-18 08:00:43 PM  
Kalief Bowder was from the Bronx and went through his ordeal around this time.  The Conviction Integrity Unit may want to look at every case from this time period.
 
2017-04-18 08:02:04 PM  

Serious Black: FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.

I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.


As far as I'm concerned that should carry the same penalty as the charge itself.  The prosecutor should be serving 25 years.
 
2017-04-18 08:03:18 PM  
heartless farking scum.

take away everything they own.
 
2017-04-18 08:04:11 PM  

tlchwi02: johnny queso: hmmm, will copcar dozen show up with the same disingenuous bullshiat he was throwing around in the az blue lives matter thread?

heads should roll but nothing will happen to any of these farker's.

this appears to be quite a bit worse- the DA was the one who was redacting this information to bolster their case, not the police.


Considering their value is judged solely by conviction rate, the system is set up to make them do whatever they can to increase that conviction rate. Oddly enough, people don't seem to think this is an issue, no matter how many prosecutors are caught pulling all sorts of shady sheit, if not outright lying and manipulating in cases such as this.

The best thing you can do is try your hardest to avoid any contact with police, and obviously any exposure to the legal system in general.
 
2017-04-18 08:04:13 PM  

Serious Black: FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.

I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.


According to the DA guy quoted in TFA, it's actually the result of an official procedure.  Still crazy illegal on every possible level, obviously, but the person who immediately did it may not be solely culpable.

Not sure whether that's actually a mitigating circumstance, but if it's true there are definitely more people who need to be sent to prison for a few decades... anyone who signed off on that policy is essentially a kidnapper.
 
2017-04-18 08:07:26 PM  
I firmly believe that a miscarriage of justice of carried out by the prosecutor and he should be punished. That said:
img.fark.net
That big, blank area didn't raise any questions at the time? None?
 
2017-04-18 08:08:08 PM  

lennavan: Benevolent Misanthrope: Always remember - the police are not your friend. Their job is to close cases, not to solve them - they will frame you for a drug charge, or use any statement you make against you Not sure I'm willing to follow you for the rest of your post.  But up to this point you were spot on. Many years ago on Fark.com, someone posted this Youtube Video.  It's 46 minutes long.  I was bored that day so I started watching it, stayed for the entire thing.  Entertaining and wildly informative.  First a defense lawyer, then a cop.  Completely changed my perspective. Don't talk to the cops - https://www.youtube.com/watch?v=d-7o9xYp7eE I suppose if you want the tldr; it's: Lawyer: "Hey cop, have you ever in your entire lengthy career ever heard something that made you less suspicious of them?" Cop: "Nope." Every Q a cop asks you, whatever you say, you literally can only incriminate yourself.  Anything else you say they'll just ignore and keep searching.


Came here to post that video. Same for good cops and bad cops. Good cops can make mistakes, bad cops can screw you deliberately, Exercise your right to silence (and you have to actually say that you are doing that) and ask for a lawyer.

Everyone watch the video!

Don't Talk to Cops, Part 1
Youtube i8z7NC5sgik


It will probably never happen, in which case you've wasted twenty seven minutes watching an interesting video. Or it might one day literally save you from going to jail for twenty years.
 
2017-04-18 08:10:03 PM  

gerbilpox: And here we go. Cue the cop-hater rants...

...and rightly so.

Prosecutors are diacks too, and more dangerous. (If you don't count being beaten or killed.)


Yeah. Everyone knows programs like Cops and Live PD are all filmed on Hollywood back lots.
 
2017-04-18 08:12:34 PM  
img.fark.net
 
2017-04-18 08:12:42 PM  
So how long before the keebler klansman personally takes up the case to put the wrongfully convicted back in his cell?
 
2017-04-18 08:13:07 PM  
But don't you dare call these sick, sadistic, assholes pigs.
 
2017-04-18 08:15:43 PM  
Sounds like it was the DA's office that's to blame, someone needs to go down for this mans loss of freedom
 
2017-04-18 08:27:29 PM  
The jury system sucks.
 
2017-04-18 08:28:22 PM  
This somewhat ties into the Facebook Live thread discussion on the death penalty coontil that devolved into pettty name calling). Most research points to between 4-5 percent of death row inmates are innocent because of issues like this
 
2017-04-18 08:31:49 PM  

Russ1642: The jury system sucks.


I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.
 
2017-04-18 08:34:46 PM  

Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.


There are prosecutors that could convince a jury that the sky is green and water is dry.
 
2017-04-18 08:41:11 PM  
I don't understand why the same people who understand that the police are easily corrupted also argue that we should reply only upon them for our protection.

The second amendment, people. It's the final corruption counter measure.
 
2017-04-18 08:44:21 PM  

Satanic_Hamster: Like I said in another thread:
Double police pay to attract better candidates.

But make the penalty for police corruption to be the death penalty.  And you better believe this would count as police corruption.


This wasn't police corruption, this was prosecutorial corruption.
 
2017-04-18 08:45:12 PM  
FTFA: Soon after, the judge, looking down at Steven, said, "He will be released at this time." ... The judge did not undo Steven's murder conviction-the District Attorney's office says that its investigation is ongoing...

How nice for the defendant! He is now home with his family and can get on with his life -- except that he is a convicted murderer an will be unable to get any useful employment, and any movement to get his conviction overturned will be stonewalled at every turn. It will take years and tons of money and maybe he'll never get justice.

/Stay classy, 'Murica.
 
2017-04-18 08:47:20 PM  

Russ1642: Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.

There are prosecutors that could convince a jury that the sky is green and water is dry.


When most of the population lives life by their feelings, not their thoughts, it's easier and easier to manipulate the 12 who had nothing better to do or no way to get out of jury duty.
 
2017-04-18 08:47:48 PM  
Relatively Obscure:Also, that's one hell of a sister that guy has.

Yeah, my sister would have put it on her todo list, then when she upgraded her laptop it would have got lost.

/ least reliable sister who isn't a druggie ever
// can't count on her for shiat
/// except to be late for family dinner
 
2017-04-18 08:52:07 PM  

Russ1642: Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.

There are prosecutors that could convince a jury that the sky is green and water is dry.


s-media-cache-ak0.pinimg.com

www.oel-ankele.de
 
2017-04-18 08:52:37 PM  
Lol, like he's not going to get arrested again for something different.
 
2017-04-18 08:53:53 PM  

Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.


I've been called but never selected.  My sister got picked once and after it was over she was all "Holy shiat.  What a bunch of idiots.  If I'm ever charged with anything I'm going with a Bench trial."
 
2017-04-18 08:55:47 PM  

dkulprit: Satanic_Hamster: Like I said in another thread:
Double police pay to attract better candidates.

But make the penalty for police corruption to be the death penalty.  And you better believe this would count as police corruption.

This wasn't police corruption, this was prosecutorial corruption.


img.fark.net
 
2017-04-18 08:56:08 PM  

Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.


Friend of mine was foreman (she's a girl, forewoman?).  11 guilty, 1 not guilty.  Hung jury.  The 1 person was an old lady and she agreed the kid did it but reminded her of her grandson and she didn't want something bad to happen to him.

My wife was on a jury.  A lady grabbed a cop in the balls as they were walking her down a flight of stairs out of her apartment building.  The tumbled down the stairs.  The charge was assault on a police officer.  She had a lengthy history of assault charges.  10 guilty, 2 not guilty.  The 2 not guilty votes were basically because "fark the cops."  They thought he deserved it.

Those are the only 2 people I've ever known on a jury.  Maybe these people were guilty, maybe not.  But the reasons used were farking stupid.  That these things ever happen is ridiculous.  My personal experience suggests these things happen commonly.  But I only have an n of 2.
 
2017-04-18 08:56:12 PM  

FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.


He will win a photo op and a firm handshake... nothing more... perhaps a run on the talk show circuit.
 
2017-04-18 08:57:22 PM  

Benevolent Misanthrope: Ron Vibbentrop: Serious Black: FreeBirdInTheHand: Well, that's actionable. I hope they sue, and I hope they win.

I hope somebody charges the responsible person/people with a felony for deliberately withholding exonerating evidence from the defense.

If a cop or prosecutor did this they should face the same punishment as the perpetrator faced for the original crime. In this case twenty five years.

But they won't.  Cops are protected from prosecution in ways we can't even begin to imagine.  The only time they get tried is if they annoy someone higher up in the Department and are thrown to the baying crowds as proof that the PD are willing to take responsibility.

Always remember - the police are not your friend.  Their job is to close cases, not to solve them - they will frame you for a drug charge, or use any statement you make against you in order to claim success.  Legally, they are required to testify for the prosecution, but are not allowed to testify in your defense.  They will harm you just as soon as they will harm the criminal you called them to protect you from.  If you annoy them in any way, even so much as making eye contact when they don't want eye contact, they will beat you - quite possibly to death.  And their colleagues will lie, alter evidence, make evidence disappear, fabricate evidence and give false testimony to protect them from any responsibility.


Way too over the top. Boo...
 
2017-04-18 08:59:27 PM  

lennavan: Don't talk to the cops -
https://www.youtube.com/watch?v=d-7o9xYp7eE


Learn to embed Youtube, Younoob.

Cats Being Jerks Compilation 2016 NEW
Youtube ttKdGMgf8y8


dkulprit: This wasn't police corruption, this was prosecutorial corruption.


And the Detectives weren't involved in arresting the guy or recommending charges to the DA?
 
2017-04-18 09:02:15 PM  

Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.


It's been proven over and over that it doesn't matter what they feel. Juries are flawed and cannot be fixed.  They are known to vote on their gut "feelings" and not on fact.  There are cases where they ignored video evidence, but convicted in passionate witness statement.  There are nuanced and glaring legal aspects they don't have time to learn or the base knowledge to even understand.  Do you think juries suddenly forget when a lawyer leads a witness, goes on a tirade, or uses hearsay and judge tells them that they weren't supposed to hear that?

The jury system is inherently flawed.  There is way too much that they don't understand being layman in a very complex legal system.
 
2017-04-18 09:03:27 PM  

Mirandized: FTFA: Soon after, the judge, looking down at Steven, said, "He will be released at this time." ... The judge did not undo Steven's murder conviction-the District Attorney's office says that its investigation is ongoing...

How nice for the defendant! He is now home with his family and can get on with his life -- except that he is a convicted murderer an will be unable to get any useful employment, and any movement to get his conviction overturned will be stonewalled at every turn. It will take years and tons of money and maybe he'll never get justice.

/Stay classy, 'Murica.


Well hopefully a nice little lawsuit will fix that.
 
2017-04-18 09:09:01 PM  

Satanic_Hamster: lennavan: Don't talk to the cops -
https://www.youtube.com/watch?v=d-7o9xYp7eE

Learn to embed Youtube, Younoob.

[YouTube video]

dkulprit: This wasn't police corruption, this was prosecutorial corruption.

And the Detectives weren't involved in arresting the guy or recommending charges to the DA?


A witness named him.  The DA literally hid evidence to the contrary of their case. They had one witness who had names, but was buzzed, then another who just had a description, they handed that info to the DA who charged the named people, the cops arrested him.

The cops were lazy, if anything.
 
2017-04-18 09:17:29 PM  

Satanic_Hamster: Like I said in another thread:
Double police pay to attract better candidates.

But make the penalty for police corruption to be the death penalty.  And you better believe this would count as police corruption.


It's not that they need to attract better candidates, it's that they actively don't want better candidates.
 
2017-04-18 09:25:19 PM  

dkulprit: Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.

It's been proven over and over that it doesn't matter what they feel. Juries are flawed and cannot be fixed.  They are known to vote on their gut "feelings" and not on fact.  There are cases where they ignored video evidence, but convicted in passionate witness statement.  There are nuanced and glaring legal aspects they don't have time to learn or the base knowledge to even understand.  Do you think juries suddenly forget when a lawyer leads a witness, goes on a tirade, or uses hearsay and judge tells them that they weren't supposed to hear that?

The jury system is inherently flawed.  There is way too much that they don't understand being layman in a very complex legal system.


The most broken part of the jury system is the selection process.  Both the prosecution and the defense go out of their way to select people they feel will be easy to manipulate...which 9 times out of 10 means no one who's particularly educated or very smart.

/Got called for jury duty once.
//They sent me home when I answered "No" to the question, "If expert testimony on a subject you know a lot about went counter to your knowledge on the subject, would you be able to set aside what you know and accept the expert's testimony at face value?"
 
2017-04-18 09:31:41 PM  

Harbinger of the Doomed Rat: It's not that they need to attract better candidates, it's that they actively don't want better candidates.


And if you notice, part of the cops reasoning behind that is that smarter employees would leave the force to pursue higher paying jobs.
 
2017-04-18 09:32:35 PM  

dkulprit: Huggermugger: Russ1642: The jury system sucks.

I disagree somewhat.  The times I've been summed for jury duty I feel that the instructions were very good, and that the judge and the court had a lot of respect for the jurors.  Never ended up serving on one myself, but the family and friends I know who've done so said that they came out of it with respect for the system, and that they other people who served on the jury with them took the whole process very seriously.

It's been proven over and over that it doesn't matter what they feel. Juries are flawed and cannot be fixed.  They are known to vote on their gut "feelings" and not on fact.  There are cases where they ignored video evidence, but convicted in passionate witness statement.  There are nuanced and glaring legal aspects they don't have time to learn or the base knowledge to even understand.  Do you think juries suddenly forget when a lawyer leads a witness, goes on a tirade, or uses hearsay and judge tells them that they weren't supposed to hear that?

The jury system is inherently flawed.  There is way too much that they don't understand being layman in a very complex legal system.


Alternative?  Seriously,  not snarking.
 
2017-04-18 09:32:49 PM  

dkulprit: Satanic_Hamster: lennavan: Don't talk to the cops -
https://www.youtube.com/watch?v=d-7o9xYp7eE

Learn to embed Youtube, Younoob.

[YouTube video]

dkulprit: This wasn't police corruption, this was prosecutorial corruption.

And the Detectives weren't involved in arresting the guy or recommending charges to the DA?

A witness named him.  The DA literally hid evidence to the contrary of their case. They had one witness who had names, but was buzzed, then another who just had a description, they handed that info to the DA who charged the named people, the cops arrested him.

The cops were lazy, if anything.


I'm not suggesting not talking to the cops is going to fix the problem entirely.  Or even this particular problem.  But if you're worried about ever being wrongfully convicted on something, then that's a video you should watch.  Don't talk to the cops.  That's a real world actual solution you can do that the great majority of people choose not to do.

On Fark.com in imaginary world, I mostly agree with this guy:

Satanic_Hamster: But make the penalty for police corruption to be the death penalty


I wouldn't say death penalty but I would say something like 10 years no parole base penalty for the corruption, plus 2x the penalty the innocent person would have (or did) get.  So if a cop writes a $20 jaywalking ticket to a person they know wasn't actually jaywalking, that cop gets 10 years in jail and pays a $40 fine.
 
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