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Tag Archives: acquitted

The Court’s Stopped Clock Moment

The US Court systems, especially at the state level and below have gotten pretty miserable. The system is so imbalanced and corrupted as to be contemptible. So much so, when something goes right justice wise…

It is hard to believe.

What was that old Red Foxx joke about the Karate guy and the local guy fighting in a bar…”Karate, Korea Tae Kwan Do 1957!” …”K-Tire Iron, 1958 Caddy!”

New York City cab driver Mamadou Diallo was acquitted of manslaughter charges in death of his wife's rapist (Screen capture)

NY court erupts in cheers as charges dropped against man who beat his wife’s rapist to death

Wednesday, a court in Bronx, New York dropped charges against a man who killed an intruder who was trying to sexually assault his wife.

WABC reported Wednesday morning that the courtroom erupted in cheers when Judge Marc Whiten announced that he will accept a motion to dismiss manslaughter charges against 61-year-old cab driver Mamadou Diallo.

In May, police records say, just after Diallo left his apartment in the Bronx for work, a career criminal named Earl Nash went knocking from door-to-door in the building asking for water. Nash — whose police record showed more than 20 arrests for acts of theft and violence — reportedly tried to entice a little girl into the stairwell, but she ran away.

When he knocked on the Diallos’ apartment door, however, the cab driver’s 51-year-old wife — who has there at home with her sister — opened it a crack, which was all Nash needed to kick in the door and attack the women.

Nash smashed a chair down on Diallo’s wife’s head. When she crumpled to the floor, Nash began to rip her clothes off and tried to rape her.

With her sister’s help, the woman fought free and was able to call Diallo, who raced home in his cab and strode into the building brandishing a tire iron. He stepped off the sixth floor elevator, caught sight of Nash and attacked him, beating him in the head and body.

First responders arrived at the scene and transported an unconscious Nash to Lincoln Hospital, where he died.

A coroner’s report determined that Nash’s death was a homicide and prosecutors lodged manslaughter charges against Diallo.

He was released from custody in June and Diallo’s defense team submitted a motion to dismiss the charges, which Judge Whiten accepted.

Diallo told the New York Daily News after his release, “I don’t want to be a hero” for what he’d done. He said he only resorted to violence because his wife was in danger.

“Nobody’s happy when you fight with somebody and die,” said Diallo. “Nobody likes that. (But) you don’t mess with a man’s family, a man’s wife. Your family is your family.”

 
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Posted by on September 7, 2016 in Giant Negros

 

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Second Officer Gets Off in Freddy Gray Death

On the surface, at least – it seems to be the same old story. I thought the “unlawful arrest” part would have won a conviction, at least for that. Which would have led to an administrative penalty. Don’t see the evidence that this guy was any more than the arresting officer.

Officer in Freddie Gray case found not guilty on all counts

Officer Edward Nero of the Baltimore police department was found not guilty Monday on all counts over the arrest and subsequent death of Freddie Gray, a 25-year-old black man.

Nero had faced assault, misconduct in office and reckless endangerment charges. Prosecutors said the 30-year-old unlawfully arrested Gray without probable cause and was negligent when he didn’t buckle the prisoner into a seat belt.

Nero opted for a bench trial rather than a jury trial.

After the verdict was read, Baltimore Mayor Stephanie Rawlings-Blake released a statement saying that Nero is still expected to face an administrative review by the city’s police department. The mayor seemed to once again refer back to and warn against the violent unrest the gripped the city immediately following Gray’s death.

“We once again ask the citizens to be patient and to allow the entire process to come to a conclusion,” Rawlings-Blake said. “In the case of any disturbance in the city, we are prepared to respond. We will protect our neighborhoods, our businesses and the people of our city.”

Gray died April 19, 2015, a week after his neck was broken in the back of a police transport van while he was handcuffed and shackled but left unrestrained by a seat belt.

His death set off more than a week of protests followed by looting, rioting and arson that prompted a citywide curfew. His name became a rallying cry in the growing national conversation about the treatment of black men by police officers.

Shortly after Gray’s death, State’s Attorney Marilyn Mosby charged six officers. Three of them are black; Nero and two others are white.

Nero’s attorney argued that his client didn’t arrest Gray and that it is the police van driver’s responsibility to buckle in detainees. The defense argued that the officers who responded that day acted responsibly, and called witnesses to bolster their argument that any reasonable officer in Nero’s position would have made the same decisions.

The defense also sought to convince the judge that the department’s order requiring that all inmates be strapped in is more suggestion than rule because officers are expected to act with discretion based on the circumstances of each situation.

Nero is the second officer to stand trial. Officer William Porter’s manslaughter trial ended with a hung jury.

 
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Posted by on May 23, 2016 in BlackLivesMatter

 

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