WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

Thoughts from the news: Casey Anthony and NC Troopers

Yes, once again it has been sometime since I have posted.  I just don’t have the time that I used to to comment on various things.  That being said, there are a few different things which have popped up in the news that I just can’t resist.

1. Casey Anthony.  Good for her attorney calling out all of the talking head lawyers who gave their b.s. opinions on the case throughout the last several years, and especially during the last few days of the trial.  He also gave the media “the bird”.   I was really getting aggravated with all of the “former prosecutor”[s] running their mouth on every cable channel about how she was going to be convicted of first degree murder and about how good the prosecutors were.  They are pretty much all the same.  They are mostly blonde (sometimes brunette) females.  Almost none of them could be considered unattractive or overweight.  They have loud, big, mouths and holier-than-thou attitudes – especially if other females/children are somehow involved in the subject on which they are running their mouths.  Fox News / CNN have determined that they are qualified to bestow their opinions onto us due to their looks, and due to the fact that they used to be a “prosecutor.”  Then there is Nancy Grace.  She is the queen of the former prosecutors.  She actually does have experience.  She is a defendant’s worst nightmare: a bitter loud-mouthed prosecutor who is willing to do unethical things in order to win.

It was courageous for these 12 jurors to acquit Casey Anthony despite the all-knowing public and media having already deemed her guilty.  How dare politicians/pundits condemn the jurors for their decision.  I have said it before and I will say it again: it is the “law and order” people in our midst who will be our ruination.  They are obsessed with their own personal safety.  The same people who claim to stand for smaller government and more individual freedom are often the first ones to condemn jurors for upholding our constitution.  The reason is because they are cowards: they are afraid for their own safety and so they worship law enforcement.  They are also playing politics and know that the majority of voters / people who watch the news are older citizens, who are also obsessed with their own safety.  We need less laws, not more.

I could care less about Casey Anthony.  I believe she was involved in her daughter’s death.  However, it was very satisfying to see the prosecutor, Linda Drane Burdick, who was so pompous, arrogant and self righteous in her demeanor be brought so low by the loss of the century.

2.  The North Carolina troopers who arrested the trial lawyer’s wife.  Being a Tarheel, I have been watching what has been going on with the NC troopers and the trial lawyer’s wife.  Again, it is sickening that politicians and supposed proponents of freedom and smaller government support police-state behavior.  Even though NC, like VA, is a conservative state politically and socially, it is a police-state when it comes to law enforcement.  For some crazy reason, conservative voters support massive government when it comes to Criminal Law – including its creation, enforcement and prosecution.  Again, I believe they are either older people obsessed with their safety, or they are cowards (they place fear of personal safety over our country’s liberty), or they are obsessed with being politically correct (it is generally politically popular, especially where there are senior citizen voters, to be “tough on crime”.

Anyways, this trooper pulls over a relatively attractive woman driving a Lexus SUV.  Big surprise.  I have discussed before the intense security threat posed by attractive women driving expensive SUVs.  The trooper, who of course sports the obligatory military-esque hairdo, asks the woman if she was drinking.  She had a sip of wine at some banquet she was driving home from.  The trooper then makes her get out of the car and asks her to blow in the portable BAC device.  She refuses and instead opts to be taken to the real breathalyzer machine (they used to use “intoxalyzer 5000’s” in NC).  In NC, you are entitled to call a witness for the test and the witness has 30 minutes to get there.  Naturally she calls her lawyer husband.  The husband shows up and she blows two 0.00’s.  Obviously she is not intoxicated.  There was no other evidence of intoxication.

North Carolina is a DWI state (or at least it used to be when I prosecuted DWI’s there), meaning that you couldn’t convict somebody of DWI based on the BAC alone.  The officer would have to testify to erratic driving and/or the person failing field sobriety tests.  You are legally allowed to be above the BAC of 0.08 if it was not proven that you were in fact intoxicated.  At this point, since the lawyer husband is present and is angry at the kidnapping of his wife, the trooper refuses to release the woman, and instead is arrests her and keeps her in handcuffs.

So in essence, a private American citizen was taken in handcuffs out of her car and incarcerated/kidnapped.  But that’s okay right?  According to a local magistrate, and according to the cops, that is just standard procedure.  He was just following procedure.  These people ought to be run off of the taxpayer payrolls.  How dare they tell the citizens that it is their procedure to arrest somebody with no probable cause and hold them against their will.  Impeachment is also a procedure.  Maybe the magistrate, and the storm trooper, should be prosecuted for kidnapping and battery.  We can follow procedure to the letter.

The storm trooper then allows the woman’s husband to follow him to the magistrate’s office so that she could be arraigned and post bond, etc.  While following the storm trooper the husband gets pulled over by another storm trooper – for speeding (despite the fact that he was following another trooper).  The troopers report stated that he did not have any communication with the other trooper and that there was no set-up involved.  First of all, anyone who would believe that is a complete fool.  And anyone who would deny that it was a set-up is a complete liar.  Since then, text messages have been released from between the officers which show that there was communication.  Not only that, but the officers were discussing the lawyer and his wife and saying things like “f**k him” and “f**k her”.  The second trooper, who pulled over the husband, sent the following text message to his trooper buddy, who was transporting the wife:

Trooper Smith then wrote at 12:31 a.m.: “TELL HIM IF HE WANTS TO COP AN ATTITUDE TO FEEL FREE AND COME BACK AND ILL S—– HIM THAT SPEED.”

How dare these troopers use their sacred position of trust to violate the liberties of law-abiding citizens of this country.  Nevertheless, ignorant kool-aid drinker NC state senator Thom Goolsby decided to run his mouth in the media and support the troopers.  These are the dangerous ones.  The politicians who are so worried about keeping their political jobs that they are willing to throw innocent citizens under the bus.  This guy is willing to allow troopers to kidnap citizens under color of law just to spite a trial lawyer and his wife.  He needs to be run out of office.

Not only should these delta-force wannabes be fired, they should be criminally prosecuted for kidnapping and battery.  If they are allowed to keep their jobs, it is telling every other crooked cop out there that it is okay to abuse their position of trust in order to spite somebody.

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July 7, 2011 - Posted by | FOIA, Lawyers, Magistrates, Police, Police Misconduct

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