Tuesday, February 28, 2017

WALTER SCOTT MURDER CASE 2017: The "Beguiled Trial" & 2016's worst case of INJUSTICE ... "Malice Aforethought" Vs. "Heat of Passion" & The Retrial Mile of 2017 ... The "TRUST IN RUSTED JUSTICE" Edition ... (POLICE BRUTALITY PT.27)

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**** Justice for Walter Scott/ Facebook

Michael Slager Jury Foreman Speaks Out On Mistrial In Walter Scott Shooting ... Thanx to TODAY

This posting will be Part 27 of the "Police Brutality" series of this journal/ blog. I followed this case thoroughly as it was in the worx, following everything in the trial I could, to closing arguments. Also, let me note here, that I dont put anything in this series UNLESS there is clear actual reason to question the force used or death. This is now old news, but wanted to eventually have this case recorded in this journal, because for one, it was about the worst case of injustice that I seen, in 2016 for sure. The other thing is, since this mistrial was handed down, I figure that this will probably be about the biggest case to come of this kind, this year in 2017 ... between the retrial and federal proceedings (federal juror selection scheduled to start May 1st) ... so it's going to be another mile long case this year, were just not hearing about this yet ... the news is sidetracked right now on other things, and folks preoccupied on things like Trump tweets and Oscar mistakes in Hollywood, etc. I wanted to open above with Jury Foreman, Dorsey Montgomery ... to have his say in what went down as far as with the jury ... then below, some added links to cover the shooting, arrest and indictment of Officer Slager, the trial, and what's happening post trial. I call this a murder case, instead of the voluntary manslaughter case that it was reduced to, because that is how I personally view it ... even though Walter Scott's familia and legal crew, say that they would have been satisfied with just a voluntary manslaughter conviction of 30 years, they trust in justice, God, and oppose the death penalty for Slager ... which is fine, that's what they choose ... I'm different, and dont count on much of that, and view justice today, as rusted. The thing with the manslaughter case though, is it can be 30 years, but that doesnt mean that Slager would do 30 years, each state if different, not sure what South Carolina has as far as what qualifies as a penitentiary year, but in Texas, you're looking at about 6 to 7 months tops for a year, and there are other credits for doing things inside that are considered to merit time off too ... and this varies state to state, depending on much, including prison population reduction to budgets, so that can get a little tricky. Also, a Judge/ court worx on several recommendations from both defense and prosecution when imposing the sentence phase ... in other words, it can get partially or fully probated, or even come down to doing a flat 30. Federal time for instance, such as coming up in the other cases from the federal government is different, because it is day for day ... you get 10 ... you do 10, in federal time, eh? ... unless something odd comes up, like in some high profile or politically inspired case, where a governor, judge, or president jumps in. A few links below to recount some of this ... I chose mainstream media, cause they covered it well in detail, unlike some politics or corporate/ banking interests, that they may have more challenge in covering ... then after below, some more I wanted to add.

***** CNN: Michael Slager case: Judge declares mistrial ... (newsread/video)

***** THE POST AND COURIER/ CHARLESTON: Judge pushes Michael Slager retrial to August, shifting focus to federal civil rights case ... (newsread)

***** THE POST AND COURIER/ CHARLESTON: Michael Slager's lawyer: Jury's apparent rejection of murder charge should bar retrial ... (newsread)




Thomas Hudson Pickering/ Ranch Chimp

Hopefully, for the sake of the familia of Scott, this will be much smoother in 2017 ... and the idea, that because of the settlement that they received, that this is some sort of justice, it's NOT, and money does not solve the mental anguish either, you just cant buy justice, any more than you can buy solid happiness, and that figure is greatly reduced with the fees to cover the legal end alone. Already, the defense of Slager, is saying that the government and people, are out to attack his client and wont be satisfied without prison, he is questioning also, double jeopardy, and saying that the ruling of mistrial should automatically be a barring of reprosecution, because it should be deemed as an acquittal, he questions video manipulation, and other things that will be presented in a new trial ... hope, but dont expect for this to be a cakewalk, and easy to get a conviction. In this new trial, which was supposed to be March 1st, but rescheduled for late August of 2017, can be even more complex. Maybe it's a good thing for Scott, because with the federal charges if found guilty of a couple ... it will secure some guilt for the later state case, I mean, you got 3 going in that, for deprivation of rights under color of law, justice obstruction, and use of weapon/ firearm in a violent crime ... a couple of them at least will be a plus, being before the state case. Because of the law and complexity, I see this as a mess, and hope I'm wrong ... I think you can get some kind of conviction, but not sure what they will work it down to. Even when they reduced it last year to voluntary manslaughter, it looked at least to me, that he would do some time, but a single juror holdout can ruin the whole thing, the trick is getting a unanimous jury ... otherwise it chips away the charge/ case ... and that can be difficult ... that's why I like to see the federal end get something first. It was plain difficult following law, and for the jury at first to have a mutual understanding between malice aforethought or heat of passion even, and the hours of testimony, deliberation, etc, all takes it's toll on a jury, mentally and physically ... no one knows that better than Slager's defense, and utilizes it. Of course you want a fair trial, but following law to decide, is what makes it difficult to get a conviction, that is why the defense of Slager will make it so complex, just like the first time ... jurors repeatedly had to request for terminology related to law ... it's a defensive designed smokescreen to trick you, but legal.

As far as the upcoming federal end of this, I'm expecting some obstacles in that too. And most of this will not change any time soon whether on the streets with cops or these trials and injustices, without retraining of officers, changes in policies concerning use of force, and legislation to secure it ... this can be achieved through strengthened public pressures. Slager's defense is already building a story of "fake news" to use on the federal case, saying that video from both the officers dashcam, as well as that of Feidin Santana, who filmed the shooting, has been pushed through media, to make the public opinion biased to his client (Slager), which impacts getting an impartial/ fair jury and trial. And using the fact, that there is no video of events between the dashcam and civilian video, just hearsay, ... although, the passenger of Scott is witness to some ... he was immediately detained, questioned and briefed in private by law enforcement, and released. Another obstacle, is being that this is under a new attorney general, as far as prosecution ... VP Mike Pence already has stated that this will all be in the hands of the "new" AG, which is true ... and the rest of the Trump crew been avoiding this ... and again, to me, this federal case is essential indirect precedent to the state criminal case later, as far as it's outcome, but that's just my view, I would hope to be wrong ... if the federal case does not go in Scott's favour. Slager will still use the self defense, life in danger, exercising training and law that he is "required" to, for his testimony, and by now, he already has that rehearsed with his defense, because it has to be as close to exact from the first state trial, or else it will be caught quick. I also expect Slager's defense, to push strongly to silence any talk in proceedings from prosecution, defense, and witness testimony, from being used in any of either trial, anything even related to statistics concerning everything from racial profiling to previous cases of even any questionable use of force or police brutality cases. The Slager defense argument, will be to stick to this case only ... that is all the law requires, and it is legal ... however, that same argument rarely worx for the dead victim, Scott, because they will try to highlight any prior cases he had, to sway jurors ... "avoiding" the same rule ... they sure as Hell did in the first trial, and this case should only be about this case as well ... this aint supposed to be a damn one- way street, when applying this rule, so the prosecution needs to point that out.

As far as my view of this case and murder of Scott ... the shooting was intentional to kill ... and NO, I dont buy Slager's previous testimony that his mind was like "spaghetti" and confused. Slager was not confused enough to utilize training and laws in place at the split second ... he was also not confused, when he appears to have picked up the taser from his shooting position after his target was down and relocate it to the victim, 40+ft away ... that is in question, as far as moving evidence, but pretty visible to me. He was also not too confused as far as falsifying anything in his initial report, that was all calculated, is how I see it. When you fire 8 shots at a running suspect, 5 hitting the suspect, and shots penetrating his back, you are shooting to kill, plain and simple. It doesnt even matter if you "thought" that he may grab that taser, or knocked it out of your hand ... the officer in that position is not in danger with a subject fleeing like that, at that distance. The initial stop of Scott at first, for me was clearly racial profiling, even by law, the stop was semi- illegal, if it was indeed for a "3rd brake light" out, by South Carolina law (Slate), in this case, besides Slager, maybe wanting to bring it to Scott's atencion, I dont think you can even write any citation in this case, I mean, by law, the brake light is in compliance. But, if the light was "reason", it wasnt reason to pull over Scott, assuming the law in place stands. Slager I know, has had other issues from citizen complaints before ... it's racial profiling to me, because you have 2 black subjects in a Mercedes, with custom tires and wheel rims, which is popular with young people, especially in urban areas. I point this out to young people all the time here in Dallas, about not dressing your car to to be a "giveaway" too much (besides, you have to worry about folks ripping off your rims too), cause cops profile vehicles before anything else ... they even actually profile as well on vehicles with dents from fender benders to possible/ probable cause, for driving under the influence stops. I also have to assume watching Slager's unit dashcam, that he already ran the plates before he stopped Scott, a standard procedure also ... being the way he approached the vehicle casually and patted the tail light, he was very comfortable (so no aggressive intention from Slager at that point, only after Scott made the break/ run). If the plates came back on the stolen sheet, he would have approached vehicle and subjects more cautiously and aggressively, and already would have his firearm in hand giving verbal orders to the driver from several feet back from the vehicle. There is also no reason in the citizen video for Slager to think that from that distance, that Scott was going to turn around and charge him, due to the way that Scott fled. Slager went back to his unit to run the license of Scott ... that may have been why Scott fled, fearing of being arrested for missed back child support, because that wouldnt have come up running the tags/ plates on the first search/ call ... that's why you run the license of the driver after the tags, to catch what it may have missed, and Scott knew this, if the driver has any wants/ warrants ... that gives cause to also run a check on the passenger, only after and if the driver comes back with warrants. We'll see what happens, I'm wishing Walter Scott's familia, justice and closure on this though.

Word Out ....



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