Posted on 06/24/2015 6:52:18 AM PDT by marktwain
District Attorney Ed (the barbarian) Berberian was slapped down by another judge in the Dr. Simon self defense shooting case. The shooting occurred in Marin County, an environment notoriously hostile to the Second Amendment.
From marinij.com:
Judge Andrew Sweet dismissed “in its entirety” a grand jury indictment lodged against Dr. James Simon, saying District Attorney Ed Berberian “made an inappropriate presentation to the grand jury” that failed to tell jurors relevant details about the case, or told them details that had no relevance at all. The result, said Sweet, was “substantial prejudice.”
Had Berberian proceeded appropriately, “it is reasonably probable that the grand jury would not have indicted the defendant,” Sweet said. “There’s a lot of evidence to establish that the defendant acted in self defense,” and little to suggest otherwise, Sweet observed.
Osenton, who was not charged, has not explained why he followed the Simons into their driveway. At the preliminary hearing, he testified that he remembered “almost nothing of that day.”During the Grand Jury testimony, where there was no cross examination or rebuttal, Osenton's memory cleared up. He told the Grand jury he had put "his hands up in the air", and asked the Doctor not to shoot him.
The district attorney contended he had proceeded appropriately and honorably. “I disagree with the court’s analysis of the record,” he said, adding the jury was aware Osenton had trouble recalling events. He asserted that the weapons collection was a relevant detail, as was Simon’s “victimization” state of mind.Actual lawyers may disagree. If there are other ways for DA Berberian to prosecute Dr. Simon, please let us know about them.
The left sees prosecutors as just another power center to be used to advance their political agenda.
That is what happens when you have no principles or morals beyond obtaining and keeping power.
It ends in the Gulag or the gas chambers, because there is no reason not to, when there is no moral accountability.
You can rationalize anything for the future good of some unknown number of future "children".
This POS was a Prosecutor too: https://en.wikipedia.org/wiki/Roland_Freisler
There is one simple way to describe this case and thousands of others.
There is no rule of law in the US. Law is simply a political tool here, as it is in all other 3rd world banana republics. The US just happens to be the largest of said banana republics.
The police are no friends of the Bill of Rights because the government hates the Bill of Rights, and their job is to make us do what the government wants.
The Fascists need to be introduced to a Louisville Slugger.
Been getting that way for many years and I always said we have been lawed to death. (I wish this damn dictionary would add "lawed").
In the bizarro-superman logic of the Big Br’O era, we don’t need no stinking’ judges or juries, just confiscate all their guns, knives & spoons & send resistors off to holiday camps for permanent rededucation.
We moved to marvelous Marin in the early 1970’s.
When we moved, we knew nothing of the rabid left wingers in control of Marin county.
I hunted and my sons went with me. I was a proud Navy vet, and we voted for Republicans. We were Christians and proud of it. That made us verbal targets for many vile liberals.
Fortunately, my company moved us in a couple of years.
I can only imagine how bad Marin county is now for conservative/Christians/Vets.
Leftist consider lying a way to ‘proceed honorably’. Lying is the hallmark of leftist rule. If any doubt it, look at the current leftist regime in Washington DC. Democrats like to be lied to. It builds the creds of the rulers lying to them.
We got out 20 years ago, wish it had been sooner.
There is another angle to this. While Berberian is a noted opponent of the 2A I think that is a red herring. The “victim” William Osenton is very wealthy.
He was the victim himself in a con job along with other Tiburon glitterati.
http://www.sfweekly.com/sanfrancisco/take-the-money-and-run/Content?oid=2162901
From the article
“The donor board at St. Hilary's honors Osenton with a dark gold leaf that designates him a “Legacy” contributor, the appellation for church members who gave $250,000 to $500,000. He stepped down in 2001 as president of Pacific Guarantee Mortgage, a firm that, during his 14-year tenure, bloomed from a lone office in San Rafael into a nationwide brokerage with revenues in the billions.”
It looks like the DA may be more interested in financial gain in contributions for an election campaign by trying to “Nifong” Dr. Simon the shooter.
FWIW I have been following this case for awhile. A classic case of road rage by 2 A’holes. Its just the shootee has way more money than the shooter.
Qui Bono.
I second that motion!
Beautiful area. A gift from heaven the left is ravaging.
We were there about 6 years ago. I was astounded to see an ice cream parlor that had a big sign “Free ice cream for Veterans” I wondered what kind of hateful behavior the shop was subjected to for that.
Read a book called The Traveler by John Twelve Hawks. The dystopian world he described in 2006 is here now.
He also has an ebook for free download called “Against Authority”.
Your first sentence describes liberal Marine.
I’m surprised that icecream store wasn’t burnt up !
We had a few neighbors, who were nice, and a few Church members we were friends with.
The other 99.999% were hate filled liberals!
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