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Guilt by Association:Facebook Pics Could Help Send a Young Man to Prison for Life
Voice of San Diego ^ | 04 March 2015 | Sara Libby

Posted on 03/06/2015 10:01:35 AM PST by Theoria

Aaron Harvey was leaving his Las Vegas apartment to get some food one day in July 2014, when, suddenly, “man, Seal Team 6 came out of nowhere, pretty much. Guns drawn, dogs, helicopters.”

It was the U.S. Marshals, who’d come to take Harvey back to San Diego.

“They told me that I was wanted for murders in the state of California,” Harvey said. “I laughed. I started laughing. I told ‘em, ‘You’ve got the wrong guy.'”

Harvey isn’t charged with murder, though. That’s precisely why his case is so controversial.

District Attorney Bonnie Dumanis is using an obscure criminal statute, Penal Code section 182.5, for what appears to be the first time ever in California to prosecute a group of 15 San Diego men, including Harvey. The DA has admitted that some of the men had nothing to do with the underlying crimes at the heart of the case – a series of shootings by Lincoln Park gang members in 2013. Rather, they’re charged with conspiracy for belonging to the same gang as the shooters. For that, they could go to prison for life.

It’s guilt by association, basically, and if federal law is any guide, it’s perfectly constitutional.

The law says a person who “willfully promotes, furthers, assists, or benefits” from a gang crime can be charged with conspiracy. The benefit Harvey received out of the shootings, according to the DA, is street cred. If someone in the gang commits a crime, the reasoning goes, the whole gang gets a boost to its reputation.

“They’re saying I benefited because my stature, my respect, went up. I didn’t even know I had any stature. I don’t understand how someone can benefit from something they don’t even know exists,” said Harvey.

(Excerpt) Read more at voiceofsandiego.org ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: California
KEYWORDS: california; conspiracy; facebook; gang
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1 posted on 03/06/2015 10:01:35 AM PST by Theoria
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To: Theoria

Fry ‘em!!!


2 posted on 03/06/2015 10:05:35 AM PST by Regal
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To: Theoria

He sounds like a scumbag who cleaned up nice for the picture in the article.


3 posted on 03/06/2015 10:05:50 AM PST by bolobaby
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To: Theoria

To be used against Tea Partiers next.


4 posted on 03/06/2015 10:06:17 AM PST by Uncle Miltie (Bush / Clinton 2016! Clinton / Bush 2020! Uniparty Forever!)
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To: Theoria

Bill Ayres (Convicted Domestic Terrorist)...Barrack Obama

Book’em Danno!


5 posted on 03/06/2015 10:07:06 AM PST by VRWCarea51 (The original 1998 version)
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To: Theoria

Aaron Harvey, AKA Dindu Nuffins.


6 posted on 03/06/2015 10:07:26 AM PST by bkopto (Free men are not equal. Equal men are not free.)
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To: bolobaby

Gangs should have been treated like terrorists from day one.


7 posted on 03/06/2015 10:08:03 AM PST by cripplecreek ("For by wise guidance you can wage your war")
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To: Theoria

If I had my way, gang affiliation would be a capital offense. One strike and you’re out.


8 posted on 03/06/2015 10:09:23 AM PST by SpaceBar
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To: bolobaby

Read the article. This sounds like extreme injustice. And while CA is emptying its prisons of real criminals due to lack of space, they’re going after people who have done nothing and are trying to make a decent life for themselves.


9 posted on 03/06/2015 10:12:30 AM PST by Twotone (Truth is hate to those who hate truth.)
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To: Theoria

Home of the Brave, Land of the Free?

Guilt by association, so let’s take this to a ‘logical’ conclusion.

A ‘person’ belongs to the Democratic National Committee as a paid of dues paying member who donates his time and money to the ‘cause’.

Another ‘person’ has the same credentials as the first one goes out and murders a prominent member of the opposing party and is lauded for it in the membership.

Is the first person and every other person who is a member of the DNC now guilty of murder?

“O, what a tangled web we weave when first we practise to deceive!” ~ Walter Scott


10 posted on 03/06/2015 10:12:54 AM PST by The Working Man
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To: Theoria

Just think of all the “hate groups” can be thrown in jail due to guilty by association.


11 posted on 03/06/2015 10:13:30 AM PST by Rusty0604
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To: SpaceBar

Criminal Insanity should be a capital offense.


12 posted on 03/06/2015 10:14:38 AM PST by Uversabound (Our Military past and present: Our Highest example of Brotherhood of Man & Doing God's Will)
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To: SpaceBar

Careful there...who gets to define what constitutes a “gang”?

The Tea Party “gang”...BOOM!

Capital offense...one strike, you’re out.


13 posted on 03/06/2015 10:14:54 AM PST by SZonian (Throwing our allegiances to political parties in the long run gave away our liberty.)
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To: bolobaby
He sounds like a scumbag who cleaned up nice for the picture in the article.

Maybe, but this is a terrible precedent. It will be misused against the politically inconvenient.

14 posted on 03/06/2015 10:15:19 AM PST by Mr. Jeeves (Heteropatriarchal Capitalist)
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To: SpaceBar
If I had my way, gang affiliation would be a capital offense. One strike and you’re out.

Yes stupid people always like to give the government more power to attack groups they don't like, but they never realize that if the government can violate basic constitutional rights for one group, then it can do it for any group. Gangs today, white bitter clingers and tea partiers tomorrow.

15 posted on 03/06/2015 10:16:09 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: cripplecreek

Gangs should have been treated like terrorists from day one.
= = = = = = = = = = = = = =
Problem is that the ONLY people who didn’t recognize ‘gangs’ were the Prosecutors/LEO (at least openly).

I was living in Fairfax County VA and in 80’s/90’s the claim was NO gangs or gang activity in Northern VA, despite all the ‘apparent’ evidence including widespread tagging.

Guess it was like when a car was stolen from outside my house and after being found a week later (apparently stashed for later use)the local ‘crime report’ called it unauthorized use... I went to the local ‘Precinct’ to complain, explaining unauthorized use would be a guest in my home that picked up the keys and went for a ride and didn’t come back....Whoever grabbed this car - in the middle of the night (2A-5A), broke into it and took it.

Cops (unofficially) told me that if too many reported stolen, insurance rates would go up etc....

Oh yes, it was a ‘non existent’ gang member etc etc...


16 posted on 03/06/2015 10:17:07 AM PST by xrmusn ((6/98)A pessimist damns the wind, an optimist thinks it will change and a realist adjusts the sails.)
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To: Uncle Miltie
To be used against Tea Partiers next.

Ding! Ding! Ding! We have a winner.

Why do you think the Obama administration just released a report on alleged domestic right wing terrorist groups?

17 posted on 03/06/2015 10:18:45 AM PST by Bubba_Leroy (The Obamanation Continues)
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To: from occupied ga

One of my basic rules regarding proposed laws is: Always imagine the law being used by your worst enemy. Now, do you want it on the books?


18 posted on 03/06/2015 10:19:20 AM PST by Pecos (What we obtain too cheap, we esteem too lightly.)
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To: Regal
Fry ‘em!!!

If you mean the perverters of law and justice... I agree. Fry 'em all.

19 posted on 03/06/2015 10:20:51 AM PST by samtheman
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To: Theoria

It is scary how fast some so called conservatives will give the government absurd amounts of power as long as it is someone they don’t like being persecuted.


20 posted on 03/06/2015 10:21:01 AM PST by RightOnTheBorder
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