Posted on 01/04/2007 5:11:08 PM PST by Coleus
A Superior Court judge in Ocean County yesterday rejected three motions made by the attorney for accused killer Michael LaSane, who sought to have his 10-year-old case returned to juvenile court, get three charges dismissed and have his trial moved to another county. Two months before LaSane is scheduled to stand trial in the 1996 suffocation death of teacher Kathleen Stanfield Weinstein, Judge James Citta began sorting through issues that until now had been avoided because of LaSane's original plea bargain in the case.
LaSane's newest attorney, picking up from where the last of a string of lawyers had left off, argued points he said were necessary in ensuring his client receives a fair trial. The case drew national attention because Weinstein, a Middletown teacher carjacked while in Toms River for an education seminar, had secretly captured the last minutes of her life on tape. Prosecutors said she tried to bargain with her killer to spare her life.
Authorities alleged LaSane, a day shy of his 17th birthday, killed the 45-year-old special education teacher at the Thorne Middle School after kidnapping her outside the Toms River Shopping Center on Route 37 on March 14, 1996. At the time, authorities said witnesses reported LaSane bragged about looking for a car to steal as a birthday present to himself. Her 1995 Toyota Camry was found near the apartment building in Manchester Township where LaSane lived with his mother.
In January 1997, LaSane pleaded guilty to felony murder and was sentenced to life in prison. However, his conviction was overturned in 2004 when an appellate court ruled his attorney's one-time sexual affair with LaSane's mother could have been an undue influence in his decision to take the plea bargain, even though the affair occurred after the plea.
(Excerpt) Read more at nj.com ...
unfortunate, unarmed citizen alert.
Two groups the country would be well rid of: lawyers and judges.
"an appellate court ruled his attorney's one-time sexual affair with LaSane's mother could have been an undue influence in his decision to take the plea bargain, even though the affair occurred after the plea."
So what transpired after the plea had an undue influence on his making the plea? That isn't justice, that's insane.
"It's hard to sit here ... and not choke on the fact that I'm wasting my time with these applications," Citta said. "Have we come so far in our law where we talk in such levels, where we talk in theory to such an extent ... that we're reduced to analyzing and legitimizing the absurd and ridiculous? That's what this application is and it's denied."
A hint to all defense attorneys: screw some family member of the victim and win on appeal...
In this case, it was the mother of the defendant that he screwed. The family of the victims are almost always screwed by defense attorneys. It's their job.
lawyers and judges are the same group. They all go to the same schools, join the same professional associations and often have business interests or partneships in the same law firms.
Allowing this is what has destroyed the justice system in this country.
It wasn't that just that she was unarmed - it was that she never resisted - not when he forced her into the car, not during the drive, not after they stopped. He said he had a gun - if he did, she never saw it. Sure she was a whole lot smaller than him. But the way she talked to him - it was with the assumption that she was entirely within his power, so she appealed to his better nature and his mercy - she pretty much told him he could kill her and she couldn't do anything about it. I wonder if he planned to kill his victim from the start, or if she put the idea in his head.
Very very sad.
Mrs VS
That's NJ justice. Consideration for despicable murderers, none for the victims.
He soon divorced his wife of many years and married the bimbo.
This information was hidden from the general public but the trial verdict ws truly a miscarriage of justice.
What the heck does the affair that happened AFTER the plea have to do with the initial plea?
Stupid Judge, and the sad state of our Legal "Injustice" system. A case going on 10 years - insane. So much for justice in a timely manner.
I do believe he would be in the "Express Lane" of death row in Texas. He wouldn't be around to drag this out for 10 years.
Let's blame the victim? Get a grip!
I'm not blaming the victim - it was the killer's fault alone and I hold no brief for stupid evil thugs. I do wonder if her attitude of total helplessness only made the killer more confident, if she passed an opportunity to escape. She was in a terrifying position and I'm sure she did what she thought gave her the best chance.
But her case is one of the reasons I tell my children - never, never get in a car with a kidnapper, even if they point a gun at you. Never put yourself in their power. Your chances are better if you are shot on the sidewalk.
Mrs VS
never get in a car with a kidnapper, >>
I once saw a show on TV about that, they said once one is on the territory of the criminal you usually do not survive; it's better to go kicking and screaming.
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