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Nearly 8 Years in Prison Without a Trial
Townhall.com ^ | December 13, 2004 | Phyllis Schlafly

Posted on 12/14/2004 11:33:45 AM PST by DJ Taylor

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Someone please tell me this isn't true.
1 posted on 12/14/2004 11:33:45 AM PST by DJ Taylor
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To: DJ Taylor

Why do I think that Phyllis is not giving us the whole story?


2 posted on 12/14/2004 11:38:26 AM PST by The G Man (The Red States ... the world's only hope for survival.)
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To: rocksblues

bump


3 posted on 12/14/2004 11:39:14 AM PST by rocksblues (No more Kerry, no more polls!)
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To: The G Man
Why do I think that Phyllis is not giving us the whole story?

Because you trust the government implicitly?

4 posted on 12/14/2004 11:41:40 AM PST by Sir Gawain
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To: The G Man

Perhaps you might reconsider who Ms. Schlafly is? She is a lawyer and conservative author of many years standing. I am more inclined to believe her, than your doubts.


5 posted on 12/14/2004 11:43:42 AM PST by RKV ( He who has the guns, makes the rules)
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To: DJ Taylor

I think there's more to this than meets the eye, and I think Phyllis isn't giving us the whole picture. I remember this guy, he was found guilty on charges of fraud and murder.


6 posted on 12/14/2004 11:43:50 AM PST by BigSkyFreeper (Congratulations President-Re-Elect George W. Bush!)
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To: DJ Taylor
"Although he has never hurt anyone,"

If he committed fraud with Medicaid dollars then her assertion above isn't true.

Medicaid is paid for with some of my tax money.

My tax money has my blood, sweat and tears all over it.

He HAS hurt someone.

7 posted on 12/14/2004 11:44:33 AM PST by El Gran Salseron (My wife just won the "Inmate of the Month Award!" :-))
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To: DJ Taylor
It's true, but a little bit misleading. Sell isn't in prison, he's confined to a government hospital.

I still don't like it. I don't like in general how a government psychiatrist can send someone off to indefinite confinement without a trial, let alone a conviction.

This can be done (as far as I know) in two circumstances: if the psychiatrist declares the patient dangerous to himself or to others, or if the patient has been accused of a criminal offense and is declared incompetent to stand trial. Sell's case is the latter. His alleged criminal offense isn't even violent, but his liberty has been taken because the shrinks on the government payroll say he's too mentally ill to be tried.

I don't like it, and truth be known, I don't like involuntary commitment on the grounds that someone might harm himself or others, either. Seems like prior restraint to me, and the power to detain a citizen without trial is too terrible to be granted to the government.

The price of striking down this power, of course, would be more violent offenses committed by mentally ill people who'd otherwise be locked up. I accept that. The alternative is worse.

8 posted on 12/14/2004 11:46:28 AM PST by Politicalities (http://www.politicalities.com)
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To: Sir Gawain
Yeah ... THATS why! LOL!
9 posted on 12/14/2004 11:46:44 AM PST by The G Man (The Red States ... the world's only hope for survival.)
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To: El Gran Salseron
If he committed fraud with Medicaid dollars then her assertion above isn't true.

Yes, if. Sell is innocent until proven guilty in a court of law, and the government is refusing to give him his day in court.

Even if he's guilty as sin, I'd be surprised if the penalty would include eight years of confinement.

10 posted on 12/14/2004 11:47:56 AM PST by Politicalities (http://www.politicalities.com)
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To: Politicalities
His alleged criminal offense isn't even violent

Odd that you find murder isn't violent.

11 posted on 12/14/2004 11:48:47 AM PST by BigSkyFreeper (Congratulations President-Re-Elect George W. Bush!)
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To: DJ Taylor

Springfield huh? Isn't that where skelnik(sp) said he was tortured? Those with tinfoil hats know what I am talking about.


12 posted on 12/14/2004 11:49:28 AM PST by eastforker (Ask me about a free satellite TV system!)
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Comment #13 Removed by Moderator

To: Diamond

I'd be a little crazy too if I was locked up for 8 years with no trial.


14 posted on 12/14/2004 11:51:04 AM PST by Sir Gawain
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To: Politicalities
"The price of striking down this power, of course, would be more violent offenses committed by mentally ill people who'd otherwise be locked up. I accept that. The alternative is worse." Agreed. The widespread practice of open or concealled carry of firearms is one reasonable response to this valid concern. A violent mentally ill person won't care about the law one way or another and will resort to whatever force they choose (same is true for criminals). Gun control laws = Victim disarmament.
15 posted on 12/14/2004 11:52:03 AM PST by RKV ( He who has the guns, makes the rules)
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To: RKV
Perhaps you might reconsider who Ms. Schlafly is? She is a lawyer and conservative author of many years standing.

Right, so based on the fact she's a lawyer and a Conservative, just ignore the details of the charges against him, and agree with her.

16 posted on 12/14/2004 11:53:37 AM PST by BigSkyFreeper (Congratulations President-Re-Elect George W. Bush!)
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To: BigSkyFreeper

Heres a link to Sells charges.
I think the "attempted murder" charge could be bogus, but I'm not privvy to the facts.

http://www.ca8.uscourts.gov/opndir/02/03/011862P.pdf


17 posted on 12/14/2004 11:57:43 AM PST by philetus (Zell Miller - One of the few)
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To: DJ Taylor

He is obviously a political prisoner.

God bless America, and save her from government lawyers.


18 posted on 12/14/2004 11:58:34 AM PST by headsonpikes (Another five-fingered Canadian... ;^))
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To: BigSkyFreeper
Odd that you find murder isn't violent.

My bad... I didn't even notice that Sell has been indicted for attempted murder. You're right, of course. It's worth noting that the alleged attempted murder came after his arrest for fraud, and in fact the alleged intended victims were the FBI agent who arrested him and a witness against him.

Nevertheless, I do not approve of detaining this man, or any man, without trial. I would change the current procedure by allowing a defendant's assertion of competence to suffice to allow him to be tried. If he is in fact incompetent, it will only hurt him, and he still has his lawyer to represent his interests.

Sell may be guilty as sin, in which case he should receive the fullest punishment the law can dish out. But he deserves his trial.

19 posted on 12/14/2004 11:59:06 AM PST by Politicalities (http://www.politicalities.com)
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Comment #20 Removed by Moderator


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