The Washington Post Reports: Federal Civil Rights Charges Unlikely Against Darren Wilson In Ferguson Murder of Michael Brown.


!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ame

Screenshot (1639)

From The Washington Post, who don’t know jack shit:

 

Federal civil rights charges unlikely against police officer in Ferguson shooting

 

October 31

 

Justice Department investigators have all but concluded they do not have a strong enough case to bring civil rights charges against Darren Wilson, the white police officer who shot and killed an unarmed black teenager in Ferguson, Mo., according to law enforcement officials.

 

When racial tension boiled over in Ferguson after the Aug. 9 shooting, Attorney General Eric H. Holder Jr. traveled to the St. Louis suburb to meet with city leaders and protest organizers in an effort to bring calm. He assured them that the federal government would open a civil rights investigation into the fatal shooting of Michael Brown, but that investigation now seems unlikely to result in any charges.

 

“The evidence at this point does not support civil rights charges against Officer Wilson,” said one person briefed on the investigation, who spoke on condition of anonymity because of the sensitivity of the case.

 

Justice Department officials are loath to acknowledge publicly that their case cannot now meet the high legal threshold for a successful civil rights prosecution. The timing is sensitive: Tensions are high in greater St. Louis as people await the results of a grand jury’s review of the case.

 

Many supporters of Brown say they are already convinced there will be no state-level indictment of the officer. Federal officials have wanted to show that they are conducting a full and fair review of the case.

Justice spokesman Brian Fallon said the case remains open and any discussion of its results is premature. “This is an irresponsible report by The Washington Post that is based on idle speculation,” Fallon said in a statement.

 

Other law enforcement officials interviewed by The Post said it was not too soon to say how the investigation would end. “The evidence we have makes federal civil rights charges unlikely,” one said.

 

A lawyer for the family of Michael Brown, Benjamin L. Crump, said he would not comment “on something that is not official.”

 

James P. Towey Jr., Wilson’s attorney, did not return calls or e-mails seeking comment.

 

The Justice Department is continuing its broad investigation of the policing practices of the Ferguson Police Department, which could result in wholesale reforms and reorganization. The department on Friday announced an agreement with the city of Albuquerque intended to overhaul the way its police department uses force, the result of one such civil rights investigation.

 

At a forum this week organized by the Aspen Institute and the Atlantic, Holder indicated that similar reform could be called for in Ferguson.“It’s pretty clear that the need for wholesale change in that department is appropriate,” Holder said.

 

Federal law sets a high bar in bringing civil rights charges against a police officer because prosecutors must prove beyond a reasonable doubt that the officer intended to violate someone’s constitutional rights.

Authorities faced a similar challenge in the investigation of George Zimmerman in the 2012 shooting death of unarmed black teenager Trayvon Martin in Sanford, Fla. Under federal law for hate crimes, prosecutors have to show that someone has been victimized intentionally because of a racial or other bias.

 

Law enforcement officials have said privately that there is insufficient evidence to bring federal charges in that case, although the two-year probe technically remains open.

 

The investigation of the Brown shooting is being conducted by the Justice Department’s Civil Rights Division under a federal statute that makes it a crime for a person with government authority — the legal term is “acting under color of any law” — to “willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.”

 

Sometimes the department is successful. In 2010 prosecutors won convictions of two New Orleans police officers for civil rights violations in connection with the killing of a man and the burning of his body during the disruption that followed Hurricane Katrina. The officers have appealed their convictions.

 

Holder and other officials have decried recent news reports about investigative findings in the Ferguson case that have revealed new but conflicting details about the three-minute encounter between Wilson and Brown. Some of those details potentially corroborate the officer’s accountthat the killing was an act of self-defense and could complicate a civil rights case against Wilson.

 

The St. Louis County autopsy report, published Oct. 21 by the St. Louis Post-Dispatch, was interpreted by some forensic pathologists as indicating that Brown may have struggled for control of Wilson’s gun during their initial altercation, but they also said the evidence was inconclusive.

 

After two shots were fired inside Wilson’s patrol vehicle, the officer got out and Brown fled but later turned around as Wilson continued firing. Some pathologists said the report indicates — but not conclusively — that Brown’s hands were not over his head. Several witnesses said his arms were raised in surrender when the officer shot him again.

 

Rachel A. Harmon, a law professor at the University of Virginia and a former prosecutor in the Justice Department’s Civil Rights Division, said it is especially challenging to prove a civil rights case beyond a reasonable doubt.

 

“There is an extra burden in federal civil rights cases because the statute requires that the defendant acted ‘willfully,’ ” Harmon said. “It is not enough to prove that he used too much force. You have to prove beyond a reasonable doubt that he did so willfully.”

 

Harmon also said that if Wilson “genuinely believed he was acting in self-defense,” then his actions are not considered “willful,” meaning he did not intend to deprive Brown of his constitutional rights.

 

Brown was shot a total of nine times, including three times in the head, according to the county autopsy.

 

Dorian Johnson, the 22-year-old who was with Brown when the two encountered Wilson, has said the officer was the aggressor and did not act in self defense.

 

David Klinger, a former Los Angeles police officer and professor of criminology at the University of Missouri-St. Louis, said enduring disputes over what happened likely raise reasonable doubt that would make a successful civil rights prosecution almost impossible.

 

“The autopsy report is devastating because it raises doubts about him standing still with his hands in the air in surrender,” said Klinger, who shot and killed a suspect in the line of duty when he was an officer. “If you have a halfway competent lawyer, the defense could raise reasonable doubt with this.”

 

Samuel Bagenstos, a former Justice Department principal deputy assistant attorney general for civil rights and now a law professor at the University of Michigan, said that the obstacles prosecutors face in the Ferguson case are typical, as are the frustrations of Brown’s supporters.

 

It is common to have a situation “that looks like a constitutional violation and may well be an injustice,” Bagenstos said. “But sometimes the Justice Department does not have the ability to bring a civil rights case under the statutes it enforces.”

 

Now for some facts and truth in reporting……..

 

ferguson-grand-jury-pic

Ferguson Grand Jury Leaks Crucial Information From The Michael Brown Case. Prosecutor and Grand Jury Should Be Dismissed.

 

Ferguson Grand Jury Leaks Crucial Information From The Michael Brown Case

 

Published on Oct 23, 2014

Joe Madison The Black Eagle. The grand jury in the Michael Brown Ferguson, MO case has leaked serveral key pieces of information from their deliberations. Madison is calling for the grand jury to be dismissed and for a new group to be selected.

 

 

 

Brown’s Autopsy Report Was Taken Out Of Context, Says Forensics Expert

 

Published on Oct 23, 2014

“Judy Melinek, one of the forensic experts who was quoted by the St. Louis Post-Dispatch on Tuesday about the Michael Brown autopsy report, is taking issue with how the newspaper portrayed her comments.

The key piece of Melinek’s analysis, according to the Post-Dispatch’s original report, was that the report of Brown’s autopsy ‘supports the fact that this guy is reaching for the gun, if he has gunpowder particulate material in the wound. If he has his hand near the gun when it goes off, he’s going for the officer’s gun.’” *

 

 

 

Michael Brown Autopsy Facts & Truth:

 

It appears CNN has decided to out right lie about an autopsy report “leaked” TO CNN, the #FergusonOctober protest and everything Black in general. The MilitantNegro™ will not allow CNN to lie.

 

Michael Brown Autopsy Results by Doctor Baden

 

Published on Aug 20, 2014

There has been some false info and altered images circulated surrounding Mike Brown’s physical body. Watch this video for the source findings. Spend the 20 minutes to understand what medical and science professionals know about the shooting of Michael Brown.

 

 

 

New Michael Brown shooting Contractors Witnesses describe Scene

 

 

 

 

Autopsy Shows Michael Brown Was Struck At Least 6 Times

 

From The New York Times:

 

Autopsy Shows Michael Brown Was Struck at Least 6 Times

 

sub-jp-brown-2-superjumbo

 

By FRANCES ROBLES and JULIE BOSMANAUG. 17, 2014

 

FERGUSON, Mo. — Michael Brown, the unarmed black teenager who was killed by a police officer, sparking protests around the nation, was shot at least six times, including twice in the head, a preliminary private autopsy performed on Sunday found.

 

One of the bullets entered the top of Mr. Brown’s skull, suggesting his head was bent forward when it struck him and caused a fatal injury, according to Dr. Michael M. Baden, the former chief medical examiner for the City of New York, who flew toMissouri on Sunday at the family’s request to conduct the separate autopsy. It was likely the last of bullets to hit him, he said.

 

Mr. Brown, 18, was also shot four times in the right arm, he said, adding that all the bullets were fired into his front.

 

The bullets did not appear to have been shot from very close range because no gunpowder was present on his body. However, that determination could change if it turns out that there is gunshot residue on Mr. Brown’s clothing, to which Dr. Baden did not have access.

 

Dr. Michael Baden, right, and Prof. Shawn Parcells in Ferguson, Mo. Dr. Baden, based in New York, examined Michael Brown. Credit Eric Thayer for The New York Times

Dr. Michael Baden, right, and Prof. Shawn Parcells in Ferguson, Mo. Dr. Baden, based in New York, examined Michael Brown. Credit Eric Thayer for The New York Times

Attorney General Eric H. Holder Jr. said Sunday that the Justice Department would conduct its own autopsy, in addition to the one performed by local officials and this private one because, a department spokesman said, of “the extraordinary circumstances involved in this case and at the request of the Brown family.”

 

The preliminary autopsy results are the first time that some of the critical information resulting in Mr. Brown’s death has been made public. Thousands of protesters demanding information and justice for what was widely viewed as a reckless shooting took to the streets here in rallies that ranged from peaceful to violent.

 

Mr. Brown died last week in a confrontation with a police officer here in this suburb of St. Louis.

 

The police department has come under harsh criticism for refusing to clarify the circumstances of the shooting and for responding to protests with military-style operational gear.

 

“People have been asking: How many times was he shot? This information could have been released on Day 1,” Dr. Baden said in an interview after performing the autopsy. “They don’t do that, even as feelings built up among the citizenry that there was a cover-up. We are hoping to alleviate that.”

 

Dr. Baden said that while Mr. Brown was shot at least six times, only three bullets were recovered from his body. But he has not yet seen the X-rays showing where the bullets were found, which would clarify the autopsy results. Nor has he had access to witness and police statements.

 

Dr. Baden provided a diagram of the entry wounds, and noted that the six shots produced numerous wounds. Some of the bullets entered and exited several times, including one that left at least five different wounds.

 

“This one here looks like his head was bent downward,” he said, indicating the wound at the very top of Mr. Brown’s head. “It can be because he’s giving up, or because he’s charging forward at the officer.”

 

He stressed that his information does not assign blame or justify the shooting.
“We need more information; for example, the police should be examining the automobile to see if there is gunshot residue in the police car,” he said.

 

Dr. Baden, 80, is a well-known New York-based medical examiner, who is one of only about 400 board-certified forensic pathologists in the nation. He reviewed the autopsies of both President John F. Kennedy and the Rev. Dr. Martin Luther King Jr., and has performed more than 20,000 autopsies himself.

 

He is best known for having hosted the HBO show “Autopsy,” but he rankles when he is called a “celebrity medical examiner,” saying that the vast majority of what he does has nothing to do with celebrities.

 

Dr. Baden said that because of the tremendous attention to the case, he waived his $10,000 fee.

 

Prof. Shawn L. Parcells, a pathologist assistant based in Kansas, assisted Dr. Baden.

 

“You do this for the families,” Mr. Parcells said.

 

bvr05e0igaaxhy

 

The two medical experts conducted the four-hour examination Sunday at the Austin A. Layne Mortuary in St. Louis. Benjamin L. Crump, a lawyer for Mr. Brown’s family who paid their travel expenses, hired them.

 

“The sheer number of bullets and the way they were scattered all over his body showed this police officer had a brazen disregard for the very people he was supposed to protect in that community,” Mr. Crump said. “We want to make sure people understand what this case is about: This case is about a police officer executing a young unarmed man in broad daylight.”

 

A spokesman for the Ferguson Police Department, Tim Zoll, said the police had not seen a report of the autopsy and therefore had no comment on it.

 

Dr. Baden said he consulted with the St. Louis County medical examiner before conducting the autopsy.

 

One of the bullets shattered Mr. Brown’s right eye, traveled through his face, exited his jaw and re-entered his collarbone. The last two shots in the head would have stopped him in his tracks and were likely the last fired.

 

Mr. Brown, he said, would not have survived the shooting even if he had been taken to a hospital right away. The autopsy indicated that he was otherwise healthy.

 

Dr. Baden said it was unusual for the federal government to conduct a third autopsy, but dueling examinations often occur when there is so much distrust of the authorities. The county of St. Louis has conducted an autopsy, and the results have not yet been released.

 

He stressed that his examination was not to determine whether the shooting was justified.

 

“In my capacity as the forensic examiner for the New York State Police, I would say, ‘You’re not supposed to shoot so many times,’ ” said Dr. Baden, who retired from the state police in 2011. “Right now there is too little information to forensically reconstruct the shooting.”

 

No matter what conclusions can be drawn from Dr. Baden’s work, Mr. Brown’s death remains marked by shifting and contradictory accounts more than a week after it occurred. The shooting is under investigation by St. Louis County and by the F.B.I., working with the Justice Department’s civil rights division and the office of Attorney General Holder.
According to what has emerged so far, on Saturday, Aug. 9, Mr. Brown, along with a companion, Dorian Johnson, was walking in the middle of Canfield Drive, a fistful of cigarillos in Mr. Brown’s hand, police say, which a videotape shows he stole from a liquor store on West Florissant Ave.

 

At 12:01 p.m., they were stopped by Darren Wilson, a police officer, who ordered them off the road and onto the sidewalk, Mr. Johnson, who is 22, later said.

 

The police have said that what happened next was a physical struggle between Mr. Brown and Officer Wilson that left the officer with a swollen face. Mr. Johnson and others have said that it was a case of racial profiling and police aggression from a white officer toward a black man. Within minutes, Mr. Brown, who was unarmed, was dead of gunshot wounds.

 

The sequence of events provided by law enforcement officials places Mr. Brown and Mr. Johnson at Ferguson Market and Liquors, a store several blocks away on West Florissant Ave., at about 11:50 a.m. After leaving the store with the cigarillos, the two walked north on West Florissant, a busy commercial thoroughfare, toward Canfield Drive, a clerk reported to the police.

 

Mr. Brown was a big man at 6-foot-4 and 292 pounds, though his family and friends described him as quiet and shy, a homebody who lived with his grandmother.

 

It is about a 10-minute walk from Ferguson Market to the spot where Officer Wilson, 28, with six years’ experience, approached Mr. Brown and Mr. Johnson.

 

The police tell of an officer who was enforcing the minor violation of jaywalking, as Mr. Brown and Mr. Johnson ignored the sidewalk and strolled down the middle of the road instead.

 

The morning after the shooting, Chief Jon Belmar of the St. Louis County police said that Officer Wilson was leaving his police car when Mr. Brown “allegedly pushed the police officer back into the car,” where he “physically assaulted the police officer.”

 

“Within the police car there was a struggle over the officer’s weapon,” Chief Belmar said. “There was at least one shot fired in the car.” At that point, the police said, Officer Wilson left his vehicle and fatally shot Mr. Brown. “More than a few” shell casings were recovered from the scene.

 

Mr. Johnson, who declined to be interviewed, has described the events differently in television interviews. While he and Mr. Brown walked, he said, Officer Wilson stopped his vehicle and told them to get on the sidewalk. When they refused, Officer Wilson slammed on his brakes and drove in reverse to get closer.

 

When the officer opened his door, it hit Mr. Brown. With his left hand, Officer Wilson reached out and grabbed Mr. Brown by the neck, Mr. Johnson said.

 

“It’s like tug-of-war,” Mr. Johnson said. “He’s trying to pull him in. He’s pulling away, that’s when I heard, ‘I’m gonna shoot you.’ ”

 

A neighbor, Tiffany Mitchell, said in an interview with MSNBC that she heard tires squeal, then saw Mr. Brown and Officer Wilson “wrestling” through the open car window. A shot went off from within the car, Mr. Johnson said, and the two began to run away from the officer.

 

According to Ms. Mitchell, “The officer gets out of his vehicle,” she said, pursuing Mr. Brown, then continued to shoot.

 

Mr. Johnson said that he hid behind a parked car and that Mr. Brown was struck by a bullet in his back as he ran away, an account that Dr. Baden’s autopsy appears to contradict.

 

“Michael’s body jerks as if he was hit,” Ms. Mitchell said, “and then he put his hands up.” Mr. Brown turned, Mr. Johnson said, raised his hands, and said, “I don’t have a gun, stop shooting!”

 

Officer Wilson continued to fire and Mr. Brown crumpled to the ground, Mr. Johnson said. Within seconds, confusion and horror swept through Canfield Drive. On that Saturday afternoon, dozens of neighbors were at home and rushed out of their apartments when they heard gunshots.

 

One person who claimed to witness the shooting began posting frantic messages on Twitter, written hastily with shorthand and grammatical errors, only two minutes after Officer Wilson approached Mr. Brown. At 12:03 p.m., the person, identified as @TheePharoah, a St. Louis-area rapper, wrote on Twitter that he had just seen someone die.

 

That same minute, he wrote, “Im about to hyperventilate.”

 

At 12:23 p.m., he wrote, “dude was running and the cops just saw him. I saw him die bruh.”

 

A 10-minute video posted on YouTube appeared to be taken on a cellphone by someone who identified himself as a neighbor. The video, which has collected more than 225,000 views, captures Mr. Brown’s body, the yellow police tape that marked off the crime scene and the residents standing behind it.

 

“They shot that boy ’cause they wanted to,” said one woman who can be heard on the video.

 

“They said he had his hands up and everything,” said the man taking the video, speaking to a neighbor.

 

Mr. Brown’s body remained in the street for several hours, a delay that Chief Jackson said last week made him “uncomfortable.” Antonio French, a St. Louis alderman who has been active in this case, said on ABC on Sunday that the body had remained in the street for nearly five hours.

 

mike-brown3

 

At one point, a woman can be heard shouting, “Where is the ambulance? Where is the ambulance?” The man taking the video, who remained off-camera, said, “God rest his soul. He’s gone.”

 

Thank you The New York Times

The above autopsy report released on August 17th, 2014 makes this autopsy report from The Washington Post, garbage, exactly like the Washington Post, who should stick to reporting the news and not predicting the news.

 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Nitorioussoapbox

Remember the days when ALL media reporting was reliable, honest, fact based and truthful? Remember when we trusted and believed what was reported in newspapers, TV reports and radio newscasts? Those days are long gone. MSNBC, CNN, Fox and even PBS have all made serious speculation errors in the recent past. Who can you trust to report facts, researched news and tell us what is and not what “they” want it to be?

 

If the Washington Post can’t supply anything other than “one person briefed on the investigation, who spoke on condition of anonymity”, why not sit their asses down and shut the fuck up, until they have a source they can name? Now read this…..”Justice spokesman Brian Fallon said the case remains open and any discussion of its results is premature. “This is an irresponsible report by The Washington Post that is based on idle speculation,” Fallon said in a statement.”

 

Mr. Fallon is a NAME who speaks without “condition of anonymity.” Like I said, Washington Post, sit the fuck down and shut the fuck up.

 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!deathmikebrown !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!fight !!!!!!!!!!!!!!!!!11bottom peace5 !!!!!!!!!!!!!!!!!!!000000000000000000obama-forward3

South African Prosecutors To Appeal Conviction Of Lesser Charge Of Manslaughter Over Reeva Steenkamp Death.


itisme

1414149381377_wps_61_South_African_Paralympic_

 

Oscar Pistorius trial: South African prosecutors announce decision to appeal verdict and sentence of disgraced Paralympian

 

From The Independent UK:

 

South Africa’s National Prosecuting Authority has announced it will appeal both the verdict and sentence handed down to Oscar Pistorius.

 

They will seek to have the culpable homicide verdict overturned, and replaced with a conviction for second degree murder, which would come with a mandatory minimum jail term of fifteen years.

 

South African authorities were furious with Judge Masipa’s verdict, which they have suggested was an incorrect application of the law.

 

In the next few days the NPA will submit papers to Judge Masipa, asking for “leave to appeal” her judgement and sentence. She must then decide whether it would be possible for another judge to reach a different conclusion, based on the evidence put before her.

 

“Today we announce that the decision to appeal both the conviction and sentence has been taken,” the NPA said in a statement.

 

“The appeal on conviction is based on the question of law.

 

“The merits, demerits of the NPA’s argument in this regard will become evident when we file papers for leave to appeal.

 

“The prosecutors are now preparing the necessary papers in order to be able to file within the next few days.”

 

Ever since the verdict more than a month ago, the NPA’s has publicly stated it would have the “appetite” for an appeal.

 

Oscar Pistorius Trial Evidence

This slideshow requires JavaScript.

 

The athlete was found guilty of culpable homicide for the killing of his girlfriend Reeva Steenkamp, and sentenced to five years in prison

The athlete was found guilty of culpable homicide for the killing of his girlfriend Reeva Steenkamp, and sentenced to five years in prison

By firing four shots into a tiny room in which he knew there was a person, it will be the NPA’s case that Pistorius would have foreseen the person in there would be killed. It was Judge Masipa’s conclusion that the athlete should have foreseen that his actions would kill, but that he did not foresee it.

 

If leave to appeal is granted, the appeal will take the form of legal argument, and whether Judge Masipa was correct in her application of the law. It is unlikely in its initial stages to involve fresh witness testimony, or for Oscar Pistorius to return to court.

 

If Judge Masipa rejects the application for leave to appeal, the NPA can turn to South Africa’s Supreme Court.

The National Prosecuting Authoriy confirmed it had an 'appetite' to appeal Judge Masipa's, pictured, decision

The National Prosecuting Authoriy confirmed it had an ‘appetite’ to appeal Judge Masipa’s, pictured, decision

Thank you The Independent UK

 

1414175164841_wps_7_South_African_Olympic_and

 

Could Oscar Pistorius face ANOTHER murder trial? South African prosecutors ‘to appeal conviction of lesser charge of manslaughter over Reeva Steenkamp death’

From The Daily Mail UK & By Jane Flanagan In Cape Town for MailOnline

 

 

  • Prosecutors have met with a criminal law expert to discuss an appeal
  • Oscar Pistorius was give a five-year prison sentence on Tuesday 
  • If found guilty of murder, he would face a minimum of 15 years in prison 

 

Oscar Pistorius could face another murder trial after South African authorities admitted they had ‘an appetite’ to challenge his conviction on a lesser charge.

Prosecutor Gerrie Nel is holding urgent meetings with the country’s most senior legal experts to seek support of a possible appeal.

Professor James Grant, who was one of the first to be consulted, is urging Mr Nel, to have Pistorius’ case looked at again and offering support to make the case for a murder conviction.

Oscar Pistorius was handed sentenced to five years in prison for the shooting of girlfriend Reeva Steenkamp

Pistorius leaves court and heads to prison after receiving five year sentence for killing Steenkamp

Pistorius leaves court and heads to prison after receiving five year sentence for killing Steenkamp

‘We desperately need another look at this case – there should be an appeal and I have agreed to assist with it, ‘ Professor Grant said.

The disabled sprinter is just three days into a five year jail sentence for the culpable homicide – or manslaughter – of Reeva Steenkamp.

Under sentencing guidelines, the 27 year old could spend just ten months behind bars and be allowed to serve the remainder of his sentence under house arrest.

 

Today, the National Prosecuting Authoriy confirmed it now had an ‘appetite’ to appeal Judge Thokozile Masipa’s decision.

‘We have always stated first and foremost that we disappointed with the conviction,’ spokesman Nathi Mncube said.

‘There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal,’

In order for the verdict in Pistorius' case to be challenged, the earlier case would also have to be appealed. Above, the athlete holds the hands of family members as he leaves court following his sentencing.

In order for the verdict in Pistorius’ case to be challenged, the earlier case would also have to be appealed. Above, the athlete holds the hands of family members as he leaves court following his sentencing.

Professor Grant said he thought an appeal was now ‘more likely than not’, but it would not be straightforward.

The high profile nature of the Blade Runner’s trial had raised questionable legal precedents that academics argued against for years, he added.

A ruling on a case heard before South Africa’s Supreme Court of Appeal more than 30 years ago set a precedent that now limits the state’s right of appeal.

In order for the verdict in Pistorius’ case to be challenged, the earlier case would also have to be appealed.

There was widespread criticism of Judge Masipa’s acquittal of Pistorius on a murder charge last month – including by Professor Grant, who said it highlighted the illogicality in the interpretation of criminal negligence and criminal intent in key cases on which the judge based her ruling.

In her judgment explaining why she could only convict him on culpable homicide, or manslaughter, the 67 year-old judge acknowledged that a ‘reasonable’ person with Pistorius’s disabilities would have foreseen that shooting into the door may have killed the person inside.

“We have always stated first and foremost that we disappointed with the conviction. There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal.” Nathi Mncube, spokesman for the National Prosectuting Authority

However, she said South African legal precedents warned against automatically assuming that because a perpetrator ‘should have’ foreseen the consequences of his actions that he actually did.

She said that the prosecution had failed to prove beyond reasonable doubt that the double amputee foresaw the fatal consequences of his actions when he shot at the door, meaning she could not convict him on a murder charge.

‘These issues have demanded attention for decades, and now thanks to the Pistorius trial, they have been brought to the attention of a lot of people.

‘Resolving these issues will benefit everybody – no matter how much they have paid for their legal teams.’

Pistorius’ lawyers were due to visit him today at Kgosi Mampuru jail to ensure he is getting all the medical support – for his disability and his fragile mental health – that he needs.

With the state looking increasingly like they are not prepared to let Judge Masipa’s verdict lie, the disgraced athlete will come under pressure to build a fresh ‘war chest’ for the legal battles ahead.

The National Prosecuting Authoriy confirmed it had an 'appetite' to appeal Judge Masipa's, pictured, decision

The National Prosecuting Authoriy confirmed it had an ‘appetite’ to appeal Judge Masipa’s, pictured, decision

At his sentencing hearing, his lawyer, Barry Roux, told the court that his ‘broke’ client was already struggling to pay legal fees incurred since the Valentine’s Day shooting of Miss Steenkamp, 29.

It would take at least a year for any appeal in his case to reach a higher court, Professor Grant said.

The national prosecuting authority have until Monday 3 November to make their final decision.

Pistorius’ team could also appeal his conviction or sentence, but Arnold Pistorius, the track star’s uncle, told reporters that his nephew was embracing his period in jail as an opportunity to ‘pay back to society’.

Oscar Pistorius’ pathetic display at his own trial is sickening

 

#Oscar Pistorius Murder Charges

 

The “Blade Runner”, Oscar Pistorius, Is Charged With Murder

 
deathmikebrown !!!!!!!!!!!!!!!!!11bottom peace5 !!!!!!!!!!!!!!!!!!!000000000000000000obama-forward3

The Twitter Storm™


 

heyitisme

!!!!!!!ooooooooooooooooooooooooooootwitter

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This slideshow requires JavaScript.

The MilitantNegro™ SoapBox: Dumbfuckery; The NFL & Roger Goodell Are Under Investigation.


!!!!!!!!!!!!!!itisMe

 

roger-goodell-2

 

I told myself I was finished writing about Ray & Janey Rice. Watching Deion Sanders talk down and bad about Ray Rice almost made me laugh but instead I decided to write this post.

 

The new bandwagon everybody is now leaping onto is this investigation into NFL commissioner Roger Goodell, and whether Goodell should resign his position as NFL commissioner. My questions is this…why should NFL commissioner Goodell do a damn thing? Who did Goodell punch? Whom did Roger Goodell assault?

 

Was NFL commissioner Roger Goodell in the elevator? Did Goodell drag Janey Rice from that elevator? Did I miss Goodell punching Ms. Rice?

 

Many disagree with this statement I’m about to make but it’s a fact…..Ray Rice was indicted on March 27th. Ray Rice and Janey Palmer were married on March 28th. Now if they moved on and past Ray knocking her the fuck out in that elevator, and the assault charges were dropped…..and Ray lost his NFL football job and has since been suspended indefinitely….what would YOU like to have happen to Ray, his wife Janey and their daughter?

 

bal-ray-rice-marries-janay-palmer-amid-assault-001

 

Here’s the thing folks…you can’t take out all your anger, hatred and emotion at all the domestic violence that this planet contains, on Ray & Janey Rice. Which is exactly what the majority of humanity is doing right now. Ray has been punished to the 9th degree for his punching out his fiancée, double punished in fact. Ray lost two games from the NFL upon his being charged with aggravated assault. Then with the release of the actual punching video, he was fired from the Ravens of Baltimore and suspended indefinitely from all NFL activity.

 

In contrast, and just ponder this for a moment, George Zimmerman killed Trayvon Martin as did Darren Wilson kill Michael Brown, and neither man has suffered the attention nor anger that Ray Rice is now suffering. Neither man who killed Trayvon Martin and Michael Brown have ever had an investigation screamed for in the manner people are demanding an investigation into NFL commissioner Roger Goodell.

 

Miriam Carey, remember her, the young Black woman gunned down in Washington, D.C. by Capital Hill police, with her baby in the backseat, for ramming her car into a White House barrier….remember the screaming for an investigation into her senseless murder? No you don’t remember that because there was no demand for an investigation. NOBODY screamed for Miriam Carey.

 

Need I bring up the brutal beating of 51-year-old Marlene Mardella Pinnock,, by California Highway Patrolman Daniel L. Andrew, who is now on desk duty (administrative leave with pay)? If you think a single punch to the face of Janey Rice is reason to demand an investigation into NFL commissioner Goodell, who was NOT present during that domestic violence…what say YOU about this…..

 

984941-6-20140707134029

chp-homeless-woman

 

 

How many of you screaming for an investigation into the NFL and NFL commissioner Goodell actually demanded the California Highway Patrol commander resign HIS job?

 

I am muthafuckin sick of real serious violence being ignored when it comes to the average American citizen, but everybody and his/her momma is calling for the lynching of Ray Rice and NFL commissioner Roger Goodell. The NFL nor Roger Goodell are required by law or morality to do a damn thing about Ray & Janey Rice airing their nasty dirty personal laundry in a public casino elevator.

 

The NFL handed down what they considered to be proper punishment before this latest video mysteriously appeared. AFTER the new video was made public, Ray Rice received double jeopardy and was fired from his employment, and suspended from the NFL indefinitely

 

He was sentenced to community service, anger management and domestic violence intervention. Kindly explain what else you folks would have happen to Ray & Janey Rice and their daughter.

 

I do not know the Rice family. I do wish them the best of luck and my blessings to get their family life and their marriage in order and have the best of luck here forward.

 

 

This slideshow requires JavaScript.

 

Ray & Janey Rice, along with their daughter, will need all the best wishes, blessings and good luck they can get.

 

NO PAID LEAVE FOR MURDER

download (1)

peace5

!!!!!!!!!!!!!!!!!!!000000000000000000obama-forward3

The White House Observes A Moment Of Silence Marking The 9/11 13th Anniversary. President Obama Speaks At The September 11th Observance Ceremony.


9-11 Tribute In Light Memorial

Screenshot (605)

Remarks by the President at 9/11 Memorial

The Pentagon

9:45 A.M. EDT

0000000000000000000000000banner

The White House Observes a Moment of Silence to Mark the 13th Anniversary of the 9/11 Attacks

0000000000000000000000000banner

President Obama Speaks at the September 11th Observance Ceremony

0000000000000000000000000banner

Remarks by the President at 9/11 Memorial

The Pentagon

9:45 A.M. EDT

PRESIDENT OBAMA: Good morning. Scripture tells us, “We count as blessed those who have persevered.”

Secretary Hagel, General Dempsey, members of our Armed Forces, and, most of all, the survivors of that September day and the families of those we lost –- Michelle and I are humbled to be with you once again.

It has now been 13 years. Thirteen years since the peace of an American morning was broken. Thirteen years since nearly 3,000 beautiful lives were taken from us, including 125 men and women serving here at the Pentagon. Thirteen years of moments they would have shared with us. Thirteen years of memories they would have made.

Here, once more, we pray for the souls of those we remember, for you, their families, who love them forever, and for a nation that has been inspired by your example — your determination to carry on, your resolve to live lives worthy of their memories.

As Americans, we draw strength from you. For your love is the ultimate rebuke to the hatred of those who attacked us that bright, blue morning. They sought to do more than bring down buildings or murder our people. They sought to break our spirit and to prove to the world that their power to destroy was greater than our power to persevere and to build. But you, and America, proved them wrong.

America endures in the strength of your families who, through your anguish, kept living. You have kept alive a love that no act of terror can ever extinguish. You, their sons and daughters, are growing into extraordinary young men and women they knew you could be. By your shining example, your families have turned this day into something that those who attacked us could never abide, and that is a tribute of hope over fear, and love over hate.

America endures in the tenacity of our survivors. After grievous wounds, you learned to walk again and stand again. After terrible burns, you smiled once more. For you, for our nation, these have been difficult years. But by your presence here today, in the lives of service that you have led, you embody the truth that no matter what comes our way, America will always come out stronger.

America endures in the dedication of those who keep us safe. The firefighter, the officer, the EMT who carries the memory of a fallen partner as they report to work each and every day, prepared to make the same sacrifice for us all. Because of these men and women, Americans now work in a gleaming Freedom Tower. We visit our great cities, we fill our stadiums and cheer for our teams. We carry on, because, as Americans, we do not give in to fear — ever.

America endures in the courage of the men and women who serve under our flag. Over more than a decade of war, this 9/11 Generation has answered our country’s call, and three months from now, our combat mission in Afghanistan will come to an end. Today, we honor all who have made the ultimate sacrifice these 13 years, more than 6,800 American patriots. And we give thanks to those who serve in harm’s way to keep our country safe and meet the threats of our time.

America endures in that perennial optimism that defines us as a people. Beginning tomorrow, there will be teenagers –- young adults –- who were born after 9/11. It’s remarkable. And while these young Americans did not know the horrors of that day, their lives have been shaped by all the days since — a time that has brought us pain, but also taught us endurance and strength; a time of rebuilding, of resilience, and of renewal. What gives us hope –- what gives me hope -– is that it is these young Americans who will shape all the days to come.

Thirteen years after small and hateful minds conspired to break us, America stands tall and America stands proud. And guided by the values that sustain us, we will only grow stronger. Generations from now, Americans will still fill our parks, our stadiums, our cities. Generations from now, Americans will still build towers that reach toward the heavens; still serve in embassies that stand for freedom around the world; still wear the uniform and give meaning to those words written two centuries ago: Land of the free. Home of the Brave. Generations from now, no matter the trial, no matter the challenge, America will always be America.

“We count as blessed those who have persevered.”

May God bless your families, who continue to inspire us all. May God bless our Armed Forces and all who serve to keep us safe. And may God continue to bless the United States of America.
END
9:52 A.M. EDT

0000000000000000000000000banner

Memorial Museum Dedication Ceremony 9/11. We Remember

Published on May 15, 2014

The brand new Sept. 11 museum opened Thursday, May 15th, 2014 and was praised as “a sacred place of healing and of hope” that captures both the story and the spirit of heroism and helpfulness that followed the attacks. This is a video slide show of the dedication ceremony.

0000000000000000000000000banner

000000000000000000obama-forward3 peace5 !!!!!!!!!!!!!!!!!!!000000000000000000obama-forward3

Follow

Get every new post delivered to your Inbox.

Join 314,602 other followers

%d bloggers like this: