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Rape verdict overturned after 10 years in prison
Waterbury Republican-American ^ | April 10, 2007 | Annabelle Garay (A.P.)

Posted on 04/10/2007 7:11:43 AM PDT by Graybeard58

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To: Balding_Eagle

I can’t list any - never said that I could.

But I stand by the claim that I did make - rape is too nebulous a crime to make capital.

Would you include date rape in that? A “he said/she said”?


41 posted on 04/12/2007 2:25:05 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
rape is too nebulous a crime to make capital.

Surely you don't mean all rapes:

April 11, 2007: A 32-year-old Detroit man who police say has allegedly robbed or sexually assaulted 10 young women since December after approaching them at city bus stops, will be arraigned on related charges Wednesday at 36th District Court in Detroit.

Anton Cortez Davis faces five counts of first-degree criminal sexual conduct, four counts of armed robbery, one count of felony firearm and one count of a felon in possession of a firearm, said Detroit Police Assistant Chief of Operations Portfolio Robert Dunlap.

http://www.freep.com/apps/pbcs.dll/article?AID=/20070411/NEWS01/70411016/0/NEWS10

I'm sure there he is probably going to claim consensual sex, but any rational juror would reject that claim. There will be (and MUST be) DNA evidence to prove beyond a reasonable doubt that this guy did the crime.

If found guilty, a civilized society has a moral obligation to put this 'man' to death.

42 posted on 04/12/2007 3:00:31 PM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Balding_Eagle
Surely you don't mean all rapes

Since you're the one who brought it up, do you think all rape should be a capital crime?

How about "date rape"?

43 posted on 04/13/2007 8:17:18 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball

Of course not. Even all murders should not receive the death penalty. Some murders are not proven to the point of absolute certainty, and should not get the death sentence.

If the man in the article I posted and linked to is, in fact, guilty of the crimes he is accused of , what do you think should be his punishment?


44 posted on 04/13/2007 12:23:07 PM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: highball

If the man in the article I posted and linked to, is, in fact, guilty of the crimes he is accused of, what do you think should be his punishment?


45 posted on 04/24/2007 3:29:00 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Balding_Eagle
I would like to put him down like a dog. But that's an emotional reaction, and I prefer we not legislate from emotion.

The burden of proof has to be enormously high for the death penalty, and with the amount of high-profile prosecutorial misconduct makes it even higher. Short of a genuine confession, I don't know that it can ever be met.

So we can talk hypotheticals, but so long as the system is run by men, mortal fallible men in some cases corrupt men, I prefer to apply Franklin's maxim.

46 posted on 04/24/2007 6:33:42 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
with the amount of high-profile prosecutorial misconduct makes it even higher.

That's a canard the left uses often. Yet, when challenged to do so, they can't cite even ONE case of an innocent man being put to death. Nor can you.

That's because our Founding Fathers, aware of the shortcomings of man, put into place a brilliant system of justice. Over the centuries our legislatures refined that system to a finer and finer accuracy. THAT'S why you can't name the name of even one innocent man being put to death, and it's also why the death penalty should be employed much more often than it is.

You are right to exclude yourself from determining this mans penalty, from your statement it does seem you are too emotional about it to be fair.

That determination needs to be left to people like me. Assuming the crime occured as was reported here (and rest assured, the exact facts of the case will be reviewed THOUSANDS of time before sentence is carried out, instead of 'putting him down like a dog' I would fulfill my obligation to society by bringing justice to him in the form of hanging (preferred) or or some other swift and final means.

We OWE that to the victims, and we owe it to those would otherwise be victims in the future.

Most importantly, we owe it to the rest of society to remove this man from the earth permanantly.

47 posted on 04/24/2007 7:34:15 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: highball

BTW, which Franklin Maxum? “early to bed................ doesn’t seem to fit.


48 posted on 04/24/2007 7:35:32 AM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Balding_Eagle
Yet, when challenged to do so, they can't cite even ONE case of an innocent man being put to death. Nor can you.

I have never claimed that there has been one. I personally believe that it has not happened in recent memory, largely because the death penalty is so rare. Expand the death penalty, as you suggest, and the likelihood unmistakeably rises.

That's because our Founding Fathers, aware of the shortcomings of man, put into place a brilliant system of justice.

And Ben Franklin, foremost among them, opined that it was better to have a hundred guilty men go free than convict one innocent man. That's how fallible he thought any system of justice really was.

That determination needs to be left to people like me.

That's the canard, since the very heart of your document is an emotional one, appealing to the natural emotional instinct of protecting woman and children.

For what it's worth, I think the Pope might take issue with your assertion that a civilized society has a moral obligation towards widespread use of the death penalty.

49 posted on 04/24/2007 7:44:16 AM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
very heart of your document is an emotional one, appealing to the natural emotional instinct of protecting woman and children

Protecting our young, and those who are the most skilled at raising them is instinctual, and also rational.

Not to do so is simply foolish.

50 posted on 04/24/2007 12:13:52 PM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Age of Reason

So what did this innocent man who served ten years do that deserves ANOTHER prison sentence?

I don’t know about you, but I don’t run into felons that often in my life. I don’t believe that rapists hide around every corner, and I don’t see myself as a potential victim.

I do however believe that if this was my brother, my son, my husband, I would DEMAND that every lead be exhausted before proceeding with a shaky case.

The jury who convicted him must feel terrible, today. They must feel that the prosecution lead them down the wrong path.


51 posted on 04/24/2007 12:22:02 PM PDT by Pan_Yans Wife (Life isn't fair. It's just fairer than death, that's all.--William Goldman)
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To: Balding_Eagle

Pretending that giving those crooks life in prison (real life, no parole) is somehow “not protecting our young” is not only foolish, it is intellectually dishonest.

Come now. You can do better than that.


52 posted on 04/24/2007 12:52:39 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: Pan_Yans Wife
So what did this innocent man who served ten years do that deserves ANOTHER prison sentence?

All I know is that DNA, if it is to be trusted, says he's innocent of one crime.

Before I feel sorry for him, I'd like to know if he IS guilty of earlier crimes.

In many or most cases like this one, the poor innocent lamb turns out to be someone who should have been sent away for life or gotten the death penalty years ago for earlier crimes he did commit, but was repeatedly paroled or given light sentences.

So until I hear he was otherwise a model citizen before this most recent jail sentence, I will not rejoice that he is out among us again.

53 posted on 04/24/2007 1:03:18 PM PDT by Age of Reason
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To: Age of Reason

He hasn’t been found guilty of another crime. You do not believe in “INNOCENT UNTIL PROVEN GUILTY”? Wow. Where did you come from?


54 posted on 04/24/2007 1:14:24 PM PDT by Pan_Yans Wife (Life isn't fair. It's just fairer than death, that's all.--William Goldman)
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To: highball

I can do better, and did so on every one of my posts upthread.

I am the one here promoting the idea of the expanded use of the death penalty, remember?

More than once I’ve echoed the call of Mike Rosen (KOA Denver) to eliminate the electric chair, and replace it with electric bleachers. That is said tongue in cheek, of course, but it illustrates how under ultilized the death penalty is.


55 posted on 04/24/2007 1:14:33 PM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Balding_Eagle
I can do better, and did so on every one of my posts upthread.

No, you just repeated a whole lot of emotional rhetoric. Thanks for playing./p>

56 posted on 04/24/2007 1:51:05 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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To: highball
No, you just repeated a whole lot of emotional rhetoric. Thanks for playing.

LOL! I deserve that.

YOU give a emotional argument to excute the guy............ "put him down like a dog".........and I continue the conversation.

57 posted on 04/24/2007 2:13:20 PM PDT by Balding_Eagle (If America falls, darkness will cover the face of the earth for a thousand years.)
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To: Pan_Yans Wife

Do you know anything more about this fellow that that DNA says he was inncent of one particular crime?

What if you found out that he had been twice previously convicted, and served time for child molestation and even murder, but was paroled for “good behavior”—before this latest ‘unjust’ jail sentence?

Would you still feel bad that he was sent away again for the one crime he didn’t commit?

I know nothing about him. If he is scum, then I don’t care if he was sent back to prison. It would have been good to protect the public from him another 10 years.

so—I don’t know whether he is an angel or not—but most of the time I’ve bothered to learn the past of such “victims” they turn out to be a menace to society that should have been locked up years ago with the key thrown away.

So I’ll not feel sorry for the man until I learn what the article doesn’t tell us: whether or not he has a history of dangerous behavior.

That the article does not address this, makes me suspect he does.


58 posted on 04/24/2007 5:17:50 PM PDT by Age of Reason
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To: Age of Reason

I go by what I know.

A man was convicted of a crime he hasn’t committed. He served ten years and was finally let go.

He has not been charged with another crime, he has not been found guilty in another trial, thus... he is INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW. Seeing that he isn’t being TRIED for another crime at this time and a jury has not found him guilty of this phantom crime, he is absolutely 100% innocent until proven otherwise.

If you don’t understand the concept of innocent until proven guilty, you obviously do not have any respect for our judicial system and the rights that were given to us by the Founders.

That being the case, what are you doing on FR?


59 posted on 04/24/2007 5:52:42 PM PDT by Pan_Yans Wife (Life isn't fair. It's just fairer than death, that's all.--William Goldman)
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To: lovecraft
He's a better man than me, 10 yrs of my life wasted for nothing, locked in a cell. Don't think I could have a positive attitude.

We had a case like this in NC. Darryl Hunt spent 20 years of his life in prison before being exonerated in 2004 by DNA. Just recently Hunt received $1.65 million tax-exempt as restitution.

Darryl Hunt Journal

60 posted on 04/24/2007 6:03:28 PM PDT by Zack Attack
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