[marktwain]

The first investigator on the scene said that it was a clear case of self defense. The prosecutor did not accept that, and pushed for Fish to go to jail. He used unacceptable methods to influence the Grand Jury to indict, and the indictment was thrown out. In Arizona, a Grand Jury is not required, so he prosecuted without one. All this occured under the 1994 change that was snuck into Arizona law, where the person charged has to prove that it was self defense, not the State prove that it wasn't. That change was finally reversed this year, back to the way it was prior to 1994 and the way it is in 48 other states, as I recall.

But Harold Fish has paid the price for a politically motivated antigun prosecutor (he wanted the jury to know that part of the defense was paid for by the NRA - as part of the prosecution!)

[uglybiker]

Northrn Arizona BUMP

[Louis Foxwell]

One of the most deeply troubling aspects of our legal system is the role of the government prosecutor. In every case of which I have personal knowledge the prosecutor has assumed the guilt of the charged party. The power and resources of the government are such that an assumption of guilt by a government prosecutor is tantamount to a finding of guilt.
The cost and the difficulty of proving innocence are beyond the means of nearly every citizen charged with a crime. The simply and awful truth is that in our system guilt is always assumed and innocence must be proven.
Government prosecutors are judge, jury and executioner in virtually all cases that come into our court system. This is not a system based on justice. It is a bureaucratic system that rewards conviction over justice and seeks guilt over innocence.

[vox humana]

There is a warm place in hell reserved for this overly zealous, politically motivated prosecutor. Unfortunately, under our criminal justice system, those who abuse their oath of office can not be prosecuted.

[Medicine Warrior]

This stinks. The prosecutor is the one who should be doing time and 10 years sounds resonable to me. As pointed out elsewhere all judges are moral bankrupts as they must agree to lie to the detriment of a fellow citizen so until the rules change one cannot expect much of scum.

[KingKenrod]

It seems to me that the issue of applying the new law should have been appealed to the supreme court before Fish's trial went forward. It makes no sense to re-try someone over an issue that could have been decided before trial.

Fish should be eligible to apply for pardon from the Clemency Board. The Arizona legislature could step in as well, although it would probably open a can of worms.

Sounds like Fish made quite a speech. Perhaps he should have taken the stand.

[magslinger]

Moran ruled there were several mitigating factors in the case including the fact that Fish was under substantial duress and feared for his own safety.

Uh, that would be self defense, Judge Moron.

[NaughtiusMaximus]

There are so many bizarre irregularities surrounding this case that any number of appeals should be made.

Flagstaff, AZ is a city of moonbats anyway and any jury pool is bound to reflect this.

[vox humana]

What's in a name?

Judge Moron

Main Entry: mo·ron
Function: noun
1. usually offensive, a mildly mentally retarded person
2. a very stupid person

[tomzz]

If this guy had just walked away after the shooting, he'd probably never have been caught.

[HungarianGypsy]

Just realized by reading the article that this was my husband's old Spanish teacher.

[ApplegateRanch]

He testified that Kuenzli's side was turned towards Fish when the first shot struck him.

1. He swung, and was shot as the swing missed, and he spun on follow through?

2. He was standing sideways, and performing a martial arts attack?

3. Fish jumped or otherwise moved away from a blow & shot, hitting him in the side?

I'm sure a few other scenarios could be constructed for the guy to be attacking, and still be hit in the side.

Don't these constitute reasonable doubt as to the theory the guy was "no threat" and was shot from the side in a fit of pique? Stupid jury!