Posted on 01/01/2015 11:19:44 AM PST by PROCON
Prosecutors have until Jan. 9 to decide whether to appeal a ruling tossing out the conviction of a black Idaho man because the prosecutor quoted lyrics to the Southern Civil War anthem "Dixie."
The man, James D. Kirk, 46, was sentenced to 20 years in prison for his 2013 conviction on charges of lewd conduct and sexual battery of a minor child. But in a ruling made public this week, the Idaho Court of Appeals overturned Kirk's conviction, finding that Canyon County Deputy Prosecutor Erica Kallin's recitation of "Dixie" during closing arguments unconstitutionally tainted his trial by "injecting the risk of racial prejudice into the case." The state attorney general's office told The Idaho Statesman of Boise that it was still reviewing the opinion.
(Excerpt) Read more at nbcnews.com ...
The prosecutor will probably end up doing time.
So....no justice for the child because of an idiot...make that ..two idiots....
........once in a while the courts, when they feel like being logical and employing COMMON SENSE, invoke the “yeah, she shouldn’t have said it but did saying it in any way effect the outcome?”.
I can’t honestly say that her saying that effected his 20 year sentence one way or the other but my “common sense” light is flashing brightly so I seriously doubt it did.
Further evidence that “justice” in American Courts is whimsical at best with lawyers in black robes going off on tangents being the “norm” instead of the “exception”.
Thought crimes and censorship.
One can always say (about so many things) “that was a bad choice”. But really, quoting a song on the topic of “look away, look away” is not so very controversial. But this is America, and it’s just so easy to step out of line and offend your betters. One must always be ashamed of ones thoughts, and engage in constant self-censorship.
I grew up in a free country. I wish I knew of a free country today — I’d move there.
James D. Kirk (no relation to James T. Kirk!) was convicted of lewd conduct with a 17-year-old girl and sexual battery of a 13-year-old girl. I know Idaho well enough not to worry that the juror’s cared about the pervert’s skin color - Idahoans tend to care more about the dangers a predator poses to innocent children. I hope they re-try the case and lock this pervert up forever, preferably in a prison where ordinary decent criminals will have access to the predator.
> “The prosecutor will probably end up doing time.”
You made a funny.
This is insane. The black guy got 20 years, he should serve every day of it. I don’t care if the Prosecutor sang Swanee River while eating a watermelon. It doesn’t change the fact that the black guy did the crime.
She was an idiot. There will be a retrial, the perp isn’t going free.
What the prosecutor said:
“Ladies and gentlemen, when I was a kid we used to like to sing songs a lot. I always think of this one song. Some people know it. It’s the Dixie song. Right? Oh, I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away. And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse in her medical opinion. Look away. Look away. Look away.”
And what should have been the key factor: “Defense counsel did not object to this argument.”
http://www.isc.idaho.gov/opinions/41236.pdf
Typical biased appellate judges. Considering filing a misconduct complaint against the Dis-honorable judges Lansing, Gratton, and Melanson.
ROTFLOL, it's only Jan. 1st, and already you owe me a new laptop...
Ole Missus acted the foolish part
And died for a man that broke her heart
Look away! Look away! Look away!
Dixie Land
Now here’s a health to the next ole Missus
An’ all the gals that want to kiss us;
Look away! Look away! Look away!
Dixie Land
Obviously, the prosecutor deliberately threw the case, much like McCain and Romney threw their elections against Odinga.
The insertion of racial remarks into the closing arguments when the facts of the case so clearly warranted a conviction had to be deliberate sabotage.
“Look away, look away...” probably was a hint for the jury to look the other way.
Darnit, and I was so hoping to start the year off on a good foot! :-(
Let’s think this one through. “Thrown out” probably means the it will be re-tried with a new jury that will not hear the “racist” comments. I don’t know what the prosecutor was thinking, but it wasn’t very well thought out. I think it was a fair call. Start over, do it right and throw the pervert in jail. In all fairness, the courts should be void of stuff like this, whether real or perceived. What makes me mad is it will now cost the taxpayers even more money to redo the entire proceeding. The prosecutor should be directed to be less “artistic” and stick to his job... presenting facts and convicting guilty people.
I’m unable to come up with any reason, other than that, for the prosecutor to have done something so blatantly stupid.
The CPUSA is targeting Idaho.
They should be targeted back.
http://wonkette.com/501693/idaho-man-slaps-black-baby-on-plane-is-not-a-racist
Ridiculous!
The prosecutor emphasized the words “look away” because he believed that the defense was encouraging the jurors to look away from the crime.
At some point, we will reach the full Orwellian stage where only approved speech can be uttered ... anywhere. It’s already there in academia and politics.
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