Posted on 01/30/2015 10:20:23 AM PST by marktwain
More evidence has surfaced that California's Marin County Prosecutor, Ed Berberian, has a bias, perhaps even an obsession, against gun owners and self defense. Six months ago Dr. James Simon defended himself and his wife of 38 years from an aggressive driver who followed him to his home, drove his Mercedes part way into the Simon's garage to prevent the door from closing, and persisted in invading the home after two warning shots were fired. Doctor Simon shot the man and called the police.
Berberian prosecuted anyway. He has a history of aggressively prosecuting self defense cases, especially those who use guns, according to commenters from Marin County. From marinij.com:
In the other case I mention, a person was arrested after shooting a knife- wielding attacker who had broken into the victim's house through the window while the victim was on the phone with the 911 dispatcher. The victim had never committed a crime in their life and had a restraining order against the attacker. The victim had called the police many times about the attacker. The attacker got in through the broken window, lunged at the victim to wrest the gun away and was shot and killed. The victim was charged with murder by our Marin DA but the judge threw out the charge, so the DA is now pursuing manslaughter charges against the victim. The victim is still in jail after many months, awaiting trial, cannot afford the bail amount. I read in the IJ that the DA will push for 21 years prison time, because he used a gun. 21 years for defending yourself in your own home against an armed intruder while you are on the phone to 911? REALLY?!
“I’m very disappointed in the ruling. I think it sends the wrong message to the community. Since I have been DA, I have been extremely sensitive to the issue of gun violence. I don’t want that in our community. We have to have some community standards,” Berberian said.Dr. Simon has an extensive gun collection of over 50 firearms, mostly WWII collectibles and hunting guns. Such a collection could be worth tens of thousands of dollars. All of the guns were registered and legal under California's highly restrictive gun laws. Given Berberian's obsession with "gun violence", the possession of over 50 guns might subject Dr. Simon to more prosecutorial attention than otherwise. Berberian has gone so far as to encourage families to get rid of toy guns. From marinij.com:
Berberian is joining forces with the Center for Domestic Peace and Ben & Jerry's Ice Cream to encourage families to get rid of toy guns and violent video games.Berberian has pushed for legislation making it a crime to possess a toy gun that does not have an orange or red tip on the muzzle. From contrcostatimes.com:
Frustrated by the situation, Berberian called Assemblyman Marc Levine to see if there is a way to introduce legislation making it a misdemeanor offense to possess an altered toy gun.Berberian pushed for symbolic gun "buy back" turn-in programs that criminologists have repeatedly said have no measurable effect. Economist Steven D. Levitt of "Freakonomics" fame agrees that they are not effective in fighting crime. But they make strident political theater, screaming out the message: Guns Are Bad. Turn Them In! From nbcbayarea.com:
A second gun buyback event is scheduled for Monday at the Mill Valley Police Department, but Berberian said people surrendering guns there will be told they won't receive any money. The buyback is scheduled for 11 a.m. to 3 p.m..Berberian decided to act on his disappointment with the judges ruling in Dr. Simon's case. He convened a grand jury, and Dr. Simon faces another indictment before another judge today, 30 January. Berberian is personally prosecuting the case. From sfgate.com:
The case is being prosecuted personally by District Attorney Ed Berberian.Marin County has a low crime rate, so perhaps DA Berberian has a lot of time on his hands. Time he can use to push prosecutions of upstanding elderly doctors who defend their families. After all, it is not his money. And maybe, just maybe, he will be able to destroy a doctor's life and 50 some collectible guns. He has to send a "message". After all, its "for the children". No matter how many innocent lives have to be destroyed.
Prosecutors whose cases are dismissed at preliminary hearings can refile charges or take evidence to grand juries without violating defendants’ double-jeopardy rights, said legal analyst Steve Clark, a former Santa Clara County prosecutor who now works as a defense attorney.
“He gets one more bite at the apple,” Clark said.
But Clark added, “The question becomes, why are they doing it? Is it vindictive prosecution, that you’re sort of piling on a case that shouldn’t be done, or is there new or different information?”
It’s a good thing the doctor has the means to hire a good attorney.
Damn; sounds like the area around my farm up north.
AAAHHH; home sweet home.
In saner times....YES.
Ole Ed need to take a stroll through Ferguson some evening and get a cup of “what the F you doin here cracka? Now you in trouble MF”.
Yeah! They should require them to live in their new destination states for 5 - 10 years before allowing them to vote. MAYBE by then they’ll be acclimated to their new surroundings and evolved enough to not make a mess of things.
More to the point: What is the physical foundation of Berberian’s power? Guns. In government hands, but still guns.
If he wants “community standards” that are synonymous with reduced gun violence, let him first disarm the police, and then ditch his own personal collection.
Try that with Berberian, and you’ll suddenly see how quickly he turns into a gun proponent.
On the NYC subway I've seen ads in the trains warning that it's a crime to make a fake gun look real or to make a real gun look fake.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.