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Man convicted of assaulting wife's heroin supplier with baseball bat
The Columbus Dispatch ^ | Sep 23, 2016 | John Futty

Posted on 09/23/2016 6:11:20 AM PDT by detective

After watching his wife's drug-dealing cousin repeatedly supply her with heroin and begging him to stay away from their Hamilton Township house, Edwin Sobony II snapped.

On Dec. 9, 2015, Sobony grabbed an aluminum baseball bat from his garage and sent Larry Jewell to intensive care with skull fractures.

Sobony's attorney, Sam Shamansky, held the bat on Friday in a Franklin County courtroom and told jurors that he would have gone further.

(Excerpt) Read more at dispatch.com ...


TOPICS: Miscellaneous
KEYWORDS: assault; heroin
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To: grania

I’d nullify.


41 posted on 09/23/2016 7:26:38 AM PDT by onedoug
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To: detective

Oh, yes, I can be a fair and impartial juror ...


42 posted on 09/23/2016 7:27:56 AM PDT by BlueLancer ("If the present tries to sit in judgment on the past, it will lose the future." Winston Churchill)
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What would you have done ?

Shot him up with a lethal dose of the junk, and dumped his body in an alley for the cops to find as just another OD.

Then, send the wife to rehab as her last chance. If she falls off the wagon, divorce.

43 posted on 09/23/2016 7:33:48 AM PDT by Henchster (Free Republic - the BEST site on the web!)
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To: xzins

What was really interesting is that right before the prosecutor gave that hypothetical, the defense attorney had given a speech to the jurors to the effect of:

“This is Mr. Smith. My Client. According to the law Mr. Smith is standing before your and he is innocent. And until you go into that jury room to deliberate, you have to carry that idea into your head. Mr. Smith is innocent.”

Then he quizzed each of the potential jurors with the question “Do you understand that and are you ok with that”.

The same group of people who had later said they would have no problem convicting the boy scout (of a crime which the prosecutor didn’t explain) all said that they had no problem in viewing the defendant as innocent (without having any idea of what crime he was being charged with).

Talk about incongruous hypotheticals. The same group that had promised to view Mr. Smith as completely and totally innocent of any crime before the evidence is presented, had no problem at all in convicting the boy scout of beating Charles Manson with a baseball bat without hearing any evidence at all.

It was literally surrealistic.

Frankly if I were the defense attorney I would have moved to strike every juror on the grounds that they were willing to convict a boy scout (who would be considered innocent until proven guilty beyond a reasonable doubt) but were willing to consider the defendant (who by my observation was probably a two time convicted felon based on his visible prison tattoos) of being completely innocent of anything.

But then it is funny that jurors appear to be more concerned about the peer pressure from their fellow potential jurors than either being truthful themselves or thinking for themselves.

It was an educational experience. Unfortunately nobody questioned me about anything. I might have had the opportunity to at least open a few eyes of these people to reality. But reality is not something you will get in a courtroom. Instead you get a very choreographed opera where the song and dance has been pre-arranged and verdict is pretty much guaranteed by the court before any evidence is presented. All they need are 12 people who are willing to follow instructions and not think about truth or justice.


44 posted on 09/23/2016 7:36:13 AM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping list.)
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To: detective

Divorce my wife. She is on a road to self destruction.


45 posted on 09/23/2016 7:41:24 AM PDT by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: P-Marlowe

If I ever need a defense attorney, I’m hiring you. Do you fly Allegiant Air?

In any case, you are right. They heard no evidence about the boy scout, but they convicted him. I hadn’t really thought of that at the time.

I have always wanted to be on a jury, never have, but have been called a few times. They’ve always filled their quota before they get to my number.

I now know what to say if I want on and what to say if I want off. If on, I’d then try to be a bear for the truth. But, then there’s the question of Charles Manson deserving a sound beating. He does. Nor should he be set free. Jury nullification is the right answer.


46 posted on 09/23/2016 7:45:50 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
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To: detective

Take the wife away from the area, preferably to treatment.

Give her a chance. If she refuses, then leave her.

No reason to ruin your life, for the wife’s bad lifestyle.


47 posted on 09/23/2016 7:46:58 AM PDT by truth_seeker
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To: xzins
But, then there’s the question of Charles Manson deserving a sound beating. He does. Nor should he be set free. Jury nullification is the right answer.

What I would have also brought up is that Charles Manson was found guilty of several counts of murder in the first degree and was sentence to DIE! But then his sentence was reduced to Life in Prison when the stupid Supreme Court determined that the California Death Penalty was somehow unconstitutional. Charles Manson should have been executed 40 years ago and if some boy scout carried out the punishment after he was released, then he should be given a merit badge rather than a jail sentence.

But then Juries are instructed not to consider stuff like that.

48 posted on 09/23/2016 7:57:23 AM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping list.)
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To: P-Marlowe

That’s why they need knowing jurors who keep mum until they’re in deliberation.

What does it take to convict the boy scout, 100% of the jury?


49 posted on 09/23/2016 7:59:37 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
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To: P-Marlowe
“Would you convict him?”

He's already been convicted, sentenced, and had his sentence reduced from death to life. If he's out on the street, that sentence was reduced too. I'd convict him again if I could, but hopefully the kid made any further conviction posthumous.

50 posted on 09/23/2016 8:07:59 AM PDT by BykrBayb (Lung cancer free since 11/9/07. Colon cancer free since 7/7/15. PTL ~ Þ)
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To: detective

Frankly, if he’d been smart and killed the asshole, I would have considered it justifiable homicide.


51 posted on 09/23/2016 8:08:45 AM PDT by zeugma (Welcome to the "interesting times" you were warned about.)
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To: detective

Supplying a deadly drug was an assault. He was defending his wife from her assailant.


52 posted on 09/23/2016 8:13:44 AM PDT by Ray76
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To: fungoking

“And used a wood bat, I’m a baseball purist.”

I agree - my issue would be: ash or maple?

Maple bats give that extra “oomph,” but ash has a greater “sweet spot.”


53 posted on 09/23/2016 8:33:21 AM PDT by Smedley (It's a sad day for American capitalism when a man can't fly a midget on a kite over Central Park)
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To: detective

Not guilty.
Passed the hat to collect an award.
It should not be possible to charge (or sue) anyone for injuries incurred while committing a felony.


54 posted on 09/23/2016 9:04:05 AM PDT by Little Ray (Freedom Before Security!)
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To: detective

Given him the Key to the City and a new baseball bat.


55 posted on 09/23/2016 9:04:51 AM PDT by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: detective

“After an objection from Miller, the judge told jurors, ‘It’s not about what you would do and it’s not about what Mr. Shamansky would do.’ “

Yes it is. What a “reasonable person” would do is definitely at the heart of the case. And if the jurors are not reasonable people, they shouldn’t be jurors.

People have been brainwashed into accepting unjust laws and the unjust application of the law.


56 posted on 09/23/2016 9:27:58 AM PDT by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: detective
A wooden bat would have meant never having to say he was sorry.

What would you have done ?

Shoot, shovel and shut up.

57 posted on 09/23/2016 9:29:37 AM PDT by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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To: detective

“What would you have done ?”

Made sure they couldn’t find his body


58 posted on 09/23/2016 10:05:42 AM PDT by Personal Responsibility (We need a separation of press and state!)
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To: detective

“Man convicted of assaulting wife’s heroin supplier with baseball bat”

What? The law frowns on that sort of thing?


59 posted on 09/23/2016 5:35:54 PM PDT by lowbridge
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