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Andrew Cohen: Maybe We Should Have A Trial Before We Hang Raymond Clark III
CBS News ^ | Andrew Cohen

Posted on 09/27/2009 2:05:25 AM PDT by nickcarraway

On Facebook last week, an enraged "friend" who shall remain nameless lashed out wildly in her status report against Raymond Clark III, the man accused of murdering Yale University student Annie Le earlier this month.

My pal evidently wanted all of her Facebook friends to know that she wanted Clark executed now, right away, for the heinous crime for which he has been charged.

Never mind that Clark hasn’t yet been tried, much less convicted; never mind that he’s not yet been convicted, never mind sentenced.

Never mind that my “friend” lives 3,000 miles away from Connecticut and wouldn’t know a prosecutor from a prosciutto. She wanted it done. Over. Period. And she’s not alone. The court of public opinion, from sea to shining sea, has already reached its verdict against Clark before a single substantive hearing has been held in the case. The verdict is guilty. And the trial is yet to come.

Welcome to the world of Clark’s defense attorneys, who now are left to defend a man who apparently has lost whatever presumption of innocence still exists today in America.

All through the course of the last week, up to and including the moment when Clark was arrested (with television cameras rolling, of course), anonymous law enforcement sources have leaked incriminating information (whether it’s true or not is another story) to willing reporters, all of whom were competing with one another to "advance" the Le murder mystery.

Clark’s DNA was reportedly found where Le’s body was discovered, one unnamed official told a journalist. Clark had "defensive wounds," another unidentified source told reporters.

And here’s a passage straight from an Associated Press report: "The evidence is so overwhelming that police believe they don't necessarily have to uncover Clark's motive for the killing to convince jurors of his guilt, according to a law enforcement official who spoke to The Associated Press on condition of anonymity because the investigation is ongoing."

These "sources" can’t identify themselves "because the investigation is ongoing" but they can reveal the conclusions the investigation allegedly reaches. They can contaminate the potential jury pool by proclaiming their case "overwhelming" but they don’t have to show their faces and stand behind their words.

It’s no wonder that Clark’s attorneys now are talking about opening a legal ethics case into the way prosecutors and the police have trampled upon Clark’s fair trial rights, and his constitutionally-protected presumption of innocence.

The Clark murder case cries out for a good judge, a strong one, who will immediately issue and then enforce a gag order that would stop the out-of-court whispering.

The defendant—any defendant- deserves a fair trial from jurors who are willing to have an open mind about the evidence for or against him. How about putting that down as your status today on Facebook?


TOPICS: Crime/Corruption; Editorial; US: Connecticut
KEYWORDS: anniele; connecticut; murder

1 posted on 09/27/2009 2:05:25 AM PDT by nickcarraway
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To: nickcarraway

Yeah...lets have everything done in secret. Then when a jury is empaneled, defense lawyers and judges get to determine what evidence the jury sees. Just wonderful.


2 posted on 09/27/2009 2:11:52 AM PDT by Brugmansian
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To: nickcarraway
"Never mind that Clark hasn’t yet been tried, much less convicted; never mind that he’s not yet been convicted, never mind sentenced.

Never mind that my “friend” lives 3,000 miles away from Connecticut and wouldn’t know a prosecutor from a prosciutto. She wanted it done. Over. Period."

Should we mind that he won't be executed even when found guilty?

3 posted on 09/27/2009 2:12:17 AM PDT by Berlin_Freeper (It's a Girl!)
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To: nickcarraway

Fair enough.

People seem to have this odd POV in which the intensity of their emotional reaction to the perpetration of a crime translates directly into “proof” of the guilt of whoever is accused of committing it.

Same thing happened to William Jewel. He was tarred by the press as a bomber because he fit a “psychological profile,” when in fact he saved the lives of possibly dozens of Americans.

Which is not to say that Clark may not very possibly be guilty. Just that we should try to remember that police make mistakes too.


4 posted on 09/27/2009 2:17:16 AM PDT by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: nickcarraway

Isn’t it amazing how with the compassionate left wingers when crime hits in their own backyard their views take a 180º turn.


5 posted on 09/27/2009 2:26:49 AM PDT by JohnLongIsland
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To: nickcarraway

Just another Thug that needs to be put on trial and locked away for the next 99 years.

Just look at the evil in that thug's eyes.

6 posted on 09/27/2009 2:38:56 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: Sherman Logan

Jewel was the first person I thought about, too.

Not only do the police make mistakes, but the LSM cheerfully and willingly stirs up whatever mess it can so it can feed off the excitement.

Giving not a rodent’s rectum about what it costs in the way of damage to anyone in their wake.


7 posted on 09/27/2009 2:38:57 AM PDT by Ronin (Nemo me impune lacesset)
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To: nickcarraway
Maybe We Should Have A Trial Before We Hang Raymond Clark III”

# 1. This is America. There is always a trial, and most of the advantages lie with the defense. After all, it's the prosecution that will have to prove beyond all reasonable doubt that he did it.
# 2. There is no hanging anyway, whether he's found guilty or not.
# 3. OJ Simpson had the public against him too, and still got away with murder in the courtroom. The fact that the public is against this vermin doesn't necessarily mean he's going to be found guilty. We have seen that happen time and time again, even with people who were clearly guilty like OJ Simpson.
# 4.You can't go about complaining just because the public are rightfully angry that an innocent young lady was murdered. Maybe, instead of shedding tears over the alleged killer, this Cohen should be shedding some tears for the poor girl that was brutally killed.

Liberals!
They are always more worried about the “rights” and sensitivities of terrorists and killers than about their victims.

8 posted on 09/27/2009 2:44:22 AM PDT by SmokingJoe
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To: Brugmansian
"Yeah...lets have everything done in secret. Then when a jury is empaneled, defense lawyers and judges get to determine what evidence the jury sees. Just wonderful."

Wrong. There is NO excuse for ANY sort of statement about what evidence has or has not been found. Any police department employee who does make such a statement should be immediately fired.

9 posted on 09/27/2009 3:54:17 AM PDT by Wonder Warthog ( The Hog of Steel)
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To: SmokingJoe

But OJ had his race going for him, unlike Clark III.


10 posted on 09/27/2009 4:56:31 AM PDT by luvbach1 (Worse than we could have imagined.)
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To: Brugmansian
Evidence is not supposed to be leaked. How do you know that the evidence is even real? You don't.

This is a tactic prosecutors use now, and it is actually illegal, they stand up in front of a microphone and list "evidence" so that no Jury can be empaneled without knowing about the evidence and being prejudiced by it.

When the court picks a Jury the members are supposed to be free of knowledge of the crime, especially any evidence. How would you like to be innocent of a crime but evidence that you were probably guilty was leaked out over the news?

It is very hard to keep first impressions from influencing a Juries minds even after hearing the truth.

11 posted on 09/27/2009 4:57:00 AM PDT by calex59 (FUBO, we want our constitution back and we intend to get it!)
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To: trumandogz

Not 99 years. That is entirely too long for what he did. He needs a life sentence of not more than 30 days.


12 posted on 09/27/2009 5:01:14 AM PDT by arthurus ("If you don't believe in shooting abortionists, don't shoot an abortionist." -Ann C.)
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To: trumandogz
Just look at the evil in that thug's eyes.

Wow! You're incredibly prescient. But, aren't we supposed to look at the soul? If we just looked at the eyes every angry man and woman would be evil.

Where do you get this stuff from?

13 posted on 09/27/2009 5:15:34 AM PDT by raybbr (It's going to get a lot worse now that the anchor babies are voting!)
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To: nickcarraway

I think the point is missed entirely.

We need some controls over this type of stuff. Think of the 4 guys who were accused of gang raping that girl a few weeks ago. Splashed all over the news - their names, pictures, quotes from the police. They were scum, evil predators who picked on that poor girl, beat her and forced her to do unspeakable things!

ALL BS!

Now those 4 guys are in the unenviable position of having to explain and/or defend themselves the rest of their lives. Every job application results in a google search - and every search brings up not the fact that the girl was outright lying but the accusation - it is in date order after all. What recourse do these guys have? They can’t sue her, laws protect the news media from retribution, they can’t sue the cops. They just have to explain.

This happens every day in every city in the country. People are arrested for a crime, the news reports AS IF THEY ARE GUILTY, the facts are found to be non-supportive of the accusation, the charges are dropped. The persons name is forever tainted. It hasn’t happened to me, but to people I know - they were falsely accused of stealing a car that they had bought because the seller’s wife was pissed because he didn’t sell for the amount SHE wanted. The seller called the buyer (after the title was signed, new plates issued, all that) and wanted more money - the buyer refused so the seller reported the car stolen. The buyer was guilty as hell if you read the news reports. That was 3 years ago and if I google his name the results would tell me he is a car thief.

Now how do we make sure the innocent remain that way?


14 posted on 09/27/2009 5:23:42 AM PDT by msrngtp2002 (Just my opinion.)
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To: raybbr
You're incredibly prescient.

Yes as it would appear the authorities have the goods on this street thug.

15 posted on 09/27/2009 11:53:14 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: nickcarraway

btt


16 posted on 09/27/2009 1:52:05 PM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: nickcarraway

R.I.P Annie, an amazing young woman. Let justice be done. Here’s a nice tribute I found:

http://youtube.com/watch?v=VG2_NI-vZDo


17 posted on 09/29/2009 3:54:42 AM PDT by kaprikorn26
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