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To: Cboldt

If Clendennen gets cut loose on the ‘gang’ charge, what happens to all the others charged the same way on those blanket arrest warrants?


33 posted on 07/03/2015 7:00:20 AM PDT by JJ_Folderol (Diagonally parked in a parallel universe...)
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To: JJ_Folderol
Each case stands on its own.

If the law was working as it's designed to, each case where the prosecutor is unable to recite a particular (personalized) allegation results in release.

The DA is loathe to make specific allegations, because the defense then asks, in front of the judge, particular questions. Like, "do you have evidence that this person intended to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang?" If the DA answers "no," he and the judge are in a box. The defendant can also inquire, assuming the DA answers "yes" to the intent question, "what crime did defendant conspire to commit?", in addition to the handful of specific questions involved in the intent element.

This case stands for the proposition that evidence of association constitutes probable cause for committing the crime of organized conspiracy.

If so, then the police and DA ought to incarcerate all gang members, not just MC members, but ALL of them, big and small, Crips, Bloods, MS-13, and so on down the list. The reason they don't, is that the law, if followed, does not admit it.

34 posted on 07/03/2015 7:19:09 AM PDT by Cboldt
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