Mailinglist Archive: opensuse (911 mails)

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Re: [opensuse] On forum mods
On 12/27/2015 09:17 PM, listreader wrote:
On Sun, 27 Dec 2015 20:03:22 -0500
Ruben Safir <ruben.safir@xxxxxxxxxx> wrote:

On 12/27/2015 06:41 PM, Linda Walsh wrote:
Could be done by computer.) Instead, there is the
concept of they jury voting "not guilty" because of "any factor" --
including, not agreeing with the law, or not agreeing with the
punishment. Citizens are the last line of fairness in a corrupt
legal and court system -- since an accused person has the right to
to trial by jury by his "peers".

well, that and assault rifles.


Why do I keep misreading the title of this thread as "On forum meds"?

Disconcerting...

Ralph

http://abcnews.go.com/TheLaw/Story?id=4291653&page=1
A Texas Drama: the 'Runaway' Grand Jury

By SCOTT MICHELS

Feb. 15, 2008

Members of a Texas grand jury that indicted a state Supreme Court
justice filed a rare lawsuit this week asking to publicly speak about
the secret evidence in the case, adding a new layer to a bizarre legal
drama that has captivated Houston for more than a month.

The ongoing conflict between the handful of jurors and the elected
district attorney, who has so far refused to prosecute the case against
Supreme Court Justice David Medina, has all the trappings of pulp
fiction: charges of political corruption; a "runaway" grand jury; and an
embattled prosecutor accused of sending racist and sexist e-mails.

Six of the grand jurors now want to discuss the evidence they heard
during the grand jury proceedings, which are secret, so they can defend
themselves against accusations that they were a "runaway grand jury."
They also want to bring the evidence they heard to a new grand jury in
the hopes of convincing it to indict Medina again, according to court
papers filed this week.

The district attorney's office "was not cooperating as we were
attempting to investigate the case," said Jeffrey Dorrell, the assistant
foreman who filed the lawsuit on behalf of the other jurors. "They
obviously acted to terminate our investigation in the womb."

"This grand jury," he added, "has been subjected to more public abuse
than any grand jury that I know of at least in the last 80 years."

Several criminal law experts said this appeared to be the first lawsuit
filed by grand jurors against a prosecutor. "I'm not aware of anything
like this ever happening," said George Dix, a University of Texas law
professor who has written books about criminal procedure.

The dispute began Jan. 17, when the grand jury indicted Francisca Medina
for arson for allegedly burning down the home she owned with her
husband, David Medina. David Medina was indicted for allegedly tampering
with evidence in the case, a felony. The Medinas have denied the charges.

Though the district attorney's office originally brought the case to the
grand jury, within hours of the indictment District Attorney Chuck
Rosenthal said the charges would be dismissed because of insufficient
evidence.

Dorrell and grand jury foreman Robert Ryan came forward and said
Rosenthal's office was hampering their investigation and suggested that
the dismissals were politically motivated. Rosenthal and Medina are both
Republicans.

The lawsuit says Rosenthal's office had been uncooperative when jurors
asked for information about the Medina case. Dorrell told ABC News that
after jurors voted to indict Medina, they got into a heated argument
with assistant District Attorney Vic Wisner. Wisner refused to file the
indictment and stormed out, slamming the door behind him, Dorrell said.

Wisner and Rosenthal did not return phone calls seeking comment. Both
have publicly denied having any political motivations, and Wisner has
said publicly several times that he is continuing to investigate the case.

Lori Shaw, a law professor at the University of Dayton, said the grand
jurors may have had enough evidence to establish the probable cause
needed to indict Medina. "But it's a big jump from probable cause to
proof beyond a reasonable doubt," she said. "The prosecutor is saying we
don't have enough to win. If you're going to trial, you want to win."

Grand juries determine whether there is probable cause to charge someone
with a crime. Though grand juries usually work closely with prosecutors,
in Texas the ultimate decision whether to indict is made by the jurors,
not the district attorney.

The day after Dorrell and Ryan's accusations, the Medinas' attorneys
asked a judge to hold them in contempt of court for revealing grand jury
proceedings. The two were criticized by Medinas' lawyers for "making a
mockery of the grand jury system" and of being "a runaway grand jury in
a Lamborghini," according to the lawsuit.

"I've never seen a grand jury that has attempted to take the law into
their own hands and be so persistent about trying to go outside the
law," Terry Yates, Medina's lawyer, told ABC News. "It's really
remarkable, and it makes you question the motives of these people."

A judge refused to hold Dorrell and Ryan in contempt, and the jurors
tried to continue the Medina investigation. Before they could, Judge Jim
Wallace dismissed the grand jury, finding that it had been improperly
impaneled because of a technical error by the district attorney's office.

But Wallace criticized Rosenthal's decision to dismiss the indictment,
saying that prosecutors often continue to investigate cases after
defendants have been indicted. "Why it was that this case has any
special need to be dismissed is beyond me," he told ABC News.

The grand jury investigation is not the only problem facing Rosenthal.
He recently ended his re-election bid after e-mails reportedly
containing racist and sexist comments and love notes between Rosenthal
and his secretary were published in the local press. Rosenthal faces a
hearing on potential contempt charges for deleting some of his e-mails
that were subpoenaed during a civil rights lawsuit.

Wallace and others were skeptical that Dorrell and the other jurors
would prevail in their lawsuit. Grand jury investigations are kept
secret in order to protect the reputations of people who may be targets
of a criminal investigation that never leads to formal charges. Secrecy
is also thought to encourage witnesses to testify honestly.

"The whole purpose of the grand jury is for people to come forward
knowing there won't be repercussions," Wallace said. "Otherwise it
jeopardizes the entire process if people are worried that what they say
might get out."

The jurors "want to tell their side, but that shouldn't make any
difference," he said. "They should abide by their obligation to maintain
confidentiality even if it means they, in their eyes, look like they're
at fault."


--
So many immigrant groups have swept through our town
that Brooklyn, like Atlantis, reaches mythological
proportions in the mind of the world - RI Safir 1998
http://www.mrbrklyn.com

DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
http://www.nylxs.com - Leadership Development in Free Software
http://www2.mrbrklyn.com/resources - Unpublished Archive
http://www.coinhangout.com - coins!
http://www.brooklyn-living.com

Being so tracked is for FARM ANIMALS and and extermination camps,
but incompatible with living as a free human being. -RI Safir 2013
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