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Brian Aitken's Mistake - New Jersey man gets seven years for being a responsible gun owner
reason.com ^ | Nov. 15, 2010

Posted on 11/15/2010 5:08:03 PM PST by Free ThinkerNY

Sue Aitken called the police because she was worried about her son, Brian. She now lives with the guilt of knowing that her phone call is the reason Brian spent his 27th birthday in a New Jersey prison last month. If the state gets its way, he will be there for the next seven years.

Aitken was sentenced in August after he was convicted of felony possession of a handgun. Before his arrest, Aitken, an entrepreneur and owner of a media consulting business, had no criminal record, and it appears he made a good-faith effort to comply with New Jersey's stringent gun laws. Even the jurors who convicted him seem to have been looking for a reason to acquit him. But the judge gave them little choice. Aitken's best hope now is executive clemency. He is petitioning New Jersey Gov. Chris Christie for a reprieve this week.

Aitken, born and raised in New Jersey, moved to Colorado several years ago. In Colorado he married his now ex-wife, also originally from New Jersey. The two had a son together. When the marriage dissolved, Atiken's wife and infant son moved back to New Jersey. Aitken eventually decided to move back as well in order to be closer to his son. Beginning in late 2008, he took the first of several trips between the two states, a back-and-forth process that involved selling his house in Colorado, moving his possessions across the country, and finding a job and a new place to live back east. Until he could find a new apartment, he stored his belongings at his parents' home in Burlington County.

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


TOPICS: News/Current Events
KEYWORDS: banglist

1 posted on 11/15/2010 5:08:05 PM PST by Free ThinkerNY
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To: Free ThinkerNY

Well, the one good thing about this sorry story is that Judge Morley is jobless. We should instead have a law that allows idiot judges to be sent to Singapore to get their asses caned. They can fly back immediately following the caning. YES. 13+ HOURS. SITTING./s;)


2 posted on 11/15/2010 5:16:40 PM PST by Frank_2001
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To: Free ThinkerNY

“Morley (who lost his job when Gov. Christie declined to reappoint him in June because of rulings in unrelated cases)”

I suspect these are two of the unrelated cases:

http://www.politickernj.com/tags/james-morley

Morley sounds like he’s not only got a God complex, but like he’s also kind of a perv, too.


3 posted on 11/15/2010 5:18:10 PM PST by DemforBush (If I ever get back my blue jeans...Lord, how happy could one man be?)
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To: Free ThinkerNY
In a telephone interview, Morley (who lost his job when Gov. Christie declined to reappoint him in June because of rulings in unrelated cases) says he didn't allow the jury to consider the moving exception because "it wasn't relevant."

Thank you Governor!

4 posted on 11/15/2010 5:19:32 PM PST by tsomer
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To: Free ThinkerNY

Assholes! How they could destroy this guy’s life on these grounds is criminal in and of itself. It’s like one grand conspiracy involving a sitting judge.


5 posted on 11/15/2010 5:21:04 PM PST by DoughtyOne (Your next chance like this? About 2044. Vote popularity and don't waste time with the details.)
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To: DemforBush

Former Judge James "Where's the milk?" Morley.

6 posted on 11/15/2010 5:21:21 PM PST by DemforBush (If I ever get back my blue jeans...Lord, how happy could one man be?)
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To: Free ThinkerNY

I wonder if the Governor can intervene ...


7 posted on 11/15/2010 5:21:28 PM PST by sailor4321
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To: DemforBush

Couldn’t Gov. Christie pardon him?


8 posted on 11/15/2010 5:21:34 PM PST by J Edgar
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To: J Edgar

He could, and it sounds like that’s what Aitken is hoping for. Hope it comes to pass, because it’s insane that this guy is facing seven years in prison.


9 posted on 11/15/2010 5:23:39 PM PST by DemforBush (If I ever get back my blue jeans...Lord, how happy could one man be?)
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To: Free ThinkerNY

He should never have consented to searching his car. They had no charges and no warrant.


10 posted on 11/15/2010 5:25:52 PM PST by Bob Mc
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To: Free ThinkerNY

another reason to give the state of NJ a wide berth...


11 posted on 11/15/2010 5:36:25 PM PST by indthkr
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To: Bob Mc
Which is why no one should ever consent to having their car searched regardless of if they have something to hide or not. It should be a matter of principle. There are too many people who are afraid to say no when asked politely because they think it makes them look guilty. If they ever want to search my car they are going to have to go through the legal procedures required to do it, no matter what the situation is.
12 posted on 11/15/2010 5:37:07 PM PST by ThermoNuclearWarrior
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To: Frank_2001
Even the jurors who convicted him seem to have been looking for a reason to acquit him. But the judge gave them little choice

Simple, don't vote to convict.

13 posted on 11/15/2010 5:39:04 PM PST by glorgau
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To: Free ThinkerNY

MEANWHILE, Just across the border from The People’s Republic of Zoo Jersey ——

The Pennsylvania House, this afternoon, passed a bill giving the state’s citizens the right not to retreat from assailants.

The 161-35 vote for HB 1926 follows a 45-4 vote made Oct. 14 in the state Senate. It now goes to Gov. Ed Rendell, an outspoken opponent of self-defense rights, for his signature.

The margins in both house would be enough to overturn any veto, however.

The bill says that a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.


14 posted on 11/15/2010 5:44:49 PM PST by Renegade
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To: Free ThinkerNY
This is a travesty.

"Battle of Athens" time. This crap has got to stop.

15 posted on 11/15/2010 5:50:08 PM PST by Dead Corpse (III, Alarm and Muster)
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To: Frank_2001

The judge should not only be jobless, but should sit in jail for the same amount of time as the person he caused to be falsely convicted. Denying the jury information about exemptions and not allowing testimony about a potential exemption is the same thing in my mind as perjury.

The fellow can be pardoned by the governor, but I’m sure he would prefer to have the conviction thrown out and be expunged from the record.


16 posted on 11/15/2010 5:52:22 PM PST by excopconservative
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To: glorgau
Even the jurors who convicted him seem to have been looking for a reason to acquit him. But the judge gave them little choice

Simple, don't vote to convict.

Exactly. Unfortunately, the judge in this case probably did everything he could to keep the jury from being fully informed, because if they were, they would know that they can nullify Tyrannical law via acquittal, despite the letter of the law.

Instead, this jury was apparently bullied and intimidated by the judge, and Tyranny consequently prevailed...

17 posted on 11/15/2010 5:53:36 PM PST by sargon (I don't like the sound of these "boncentration bamps")
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To: DoughtyOne
"Assholes! How they could destroy this guy’s life on these grounds is criminal in and of itself."

I assume you're including Aiken's mother in that blanket but particularly apt description?

Wonder how she's sleeping these days...

18 posted on 11/15/2010 6:01:10 PM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: Free ThinkerNY

It says the jury was looking for reasons to acquit him. They should have used jury nullification. All FReepers should acquaint themselves with this legal right of a juror. Just search “jury nullification.”


19 posted on 11/15/2010 6:09:34 PM PST by Persevero (Homeschooling for Excellence since 1992)
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To: sargon

Perfect scenario for “jury nullification.” In effect saying, “Judge, we don’t think you’re dealing straight with us on the how this law should work, so we the people, in this case, nullify your view of the law and assert our own. Not guilty. You don’t like the result, take it up with a higher court.” Better yet, if enough cases defy the statute as presented by the court, the statute is effectively overturned. True. Powerful stuff, not used nearly enough.


20 posted on 11/15/2010 6:12:04 PM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Free ThinkerNY

Mr. Aitken will eventually have his conviction thrown out, just like accused day-care-molester Margaret Kelly Michaels who served eight years in prison on an equally absurd set of “facts”. But he will never be compensated for the injustice he has suffered. That’s Jersey!


21 posted on 11/15/2010 7:04:00 PM PST by devere
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To: Free ThinkerNY

If a law is sufficiently complicated that people have trouble complying with it, it should be repealed.


22 posted on 11/15/2010 7:32:51 PM PST by MadeMan
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To: Redbob

I agree with your emphasis. Look, the woman has been inundated by Liberal B. S. I was thinking the same thing, but I’ll cut her some slack. I’m sure she’s realizing what an enemy the state is about now. This is actually an excellent object lesson to everyone.


23 posted on 11/15/2010 9:35:12 PM PST by DoughtyOne (Your next chance like this? About 2044. Vote popularity and don't waste time with the details.)
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To: Free ThinkerNY

That is an insane story. The crime shouldn’t even be a crime in light of McDonald, and yet it still reads like a conspiracy to make him look guilty. I hope he gets released and the law changed.


24 posted on 11/15/2010 10:52:10 PM PST by monkeyshine
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To: Springfield Reformer

egg-zackly

http://fija.org/


25 posted on 11/16/2010 1:34:40 PM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: ThermoNuclearWarrior
 
 
What people don't stop to think about is that when you willingly consent to a search, you essentially waive away any defense. You're then looking at a guilty or a no-contest plea for whatever they may come up with to charge you over. A 'gotcha' moment waiting to happen.
 
 

26 posted on 11/16/2010 9:27:00 PM PST by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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