Posted on 09/04/2022 9:19:23 AM PDT by texas booster
A federal judge in Los Angeles on Friday dismissed the criminal indictment against a dive boat captain charged with manslaughter in the deaths of 34 people when the vessel caught fire and sank off the California coast three years ago.
The 75-foot (23-meter) Conception caught fire while most of those onboard were sleeping, killing 33 passengers and a crew member. It is considered one of California’s worst maritime disasters.
U.S. District Judge George Wu said in a ruling that the indictment, handed down on December 2020 against captain Jerry Nehl Boylan by a federal grand jury, must be thrown out because prosecutors had failed to accuse him of gross negligence.
(Excerpt) Read more at aol.com ...
He’s got a good attorney !
It’s a technical error. They can re-charge him and they probably will.
A Friday afternoon update on the trials of the M/V Conception.
Pinging many of those from the 2019 threads.
That’s not double jeopardy?
A Friday afternoon update on the trials of the M/V Conception.
Pinging many of those from the 2019 threads.
A Sunday morning update on the trials of the M/V Conception.
Pinging many of those from the 2019 threads.
Having dove numerous times off of Conception’s sister ship, the Vision, I’m deeply saddened by this disaster. The two ships are very similar in design and differ slightly from the Truth’s layout. The galley on the Vision was used for, among other things, recharging of batteries used for divelights, cameras and other things. My suspicion is that the fire was caused by a lipo charging failure. The galley is positioned directly over the bunk area with a single stairwell for access down to the bunks.
That went out with Rodney King. The cops were not guilty so they tried them again. They just did the same thing in Michigan.
Now our criminal occupation government tries you till they get the verdict they want. THEY get to decide wjat is double jeopardy and do not give a flying fornication what the founders would have recognized.
Their other trick is multiple prosecutions in several jurisdictions as they are doing with Trump. They pick their target and launch cases simultaneously in Georgia, DC, NYC, etc. The cherry in top is that they raid the target’s attorneys offices and make it impossible for them to get legal representation.
Double Jeopardy? As legally archaic as a powdered wig.
No, if an indictment is dismissed there was no trial, and “jeopardy did not attach”. A judge can dismiss an indictment “with prejudice”, meaning the prosecutor is barred from bringing the same or similar charges for the same incident. The Justice Department can either appeal, or refile.
You kill 34 people and walk away from it unscathed, just like Hillary, Joe, Hunter, Sharpton, et al. And some people wonder why there is no faith in the justice system.
But of course, that’s only in the northern hemisphere, on wednesdays. The bottom line, he was indicted almost two years ago and and has had to fight this case legally all that time. But according to the sorority rules, Jeopardy did not “attach”. Of course, they founders would have been disgusted that after a ruinous, expensive 2 year legal fight, they get a fresh go at him.
He did not deserve a murder charge. He deserved massive civil litigation. Every person who dies saw the layout with no escape, plugged their batteries in above, and went to sleep to engage in a dangerous sport the next morning. THEY have nearly as much responsibility as that Captain.
Tragic and sad, but not murder.
It will stop when people start going Solzhenitsyn on the legal operatives.
No.
People have to learn to speak up about their environment - and they also have to LEARN about their environment.
Reminds me a bit about the limo crash in Schoharie NY from several years ago that was on the FR boards recently.
Learn some physics. Learn some electricity. Pay attention.
Absent yourself from groups of people doing unwise things.
If nothing happens, OF COURSE they'll mock you afterwards. It's the nature of the humanTard to scoff.
If something DOES happen - they'll be Post Toasties or bloody paste.
Modern America:
I am as opposed to punishment by trial as the next guy, which is why a judge can dismiss with prejudice, to prevent repeated and groundless indictments. On the other hand, I don’t want to see real criminals escape on a technicality.
Thank you.
lousy reporting. No curiosity as to why the judge made such a ruling. Was the judge just being an idiot or were the statutes written such that the missing charge undermined the others? We don’t know. This simply makes the judge look bad, which may or may not be earned.
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