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Justice For Thee But Not For Me...

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  • Justice For Thee But Not For Me...

    So the leftist District Attorney tried to throw out the charges to protect these radicals, but the judge was not having it - good for him!

    A Massachusetts judge has decided to move forward with charges against several counterprotesters arrested during a "straight pride" parade in Boston this past weekend, despite requests from the district attorney to dismiss the cases.

    The Suffolk County District Attorney's Office sought the dismissal of disorderly conduct and resisting arrest charges against some defendants in exchange for community service on Tuesday, but Boston Municipal Judge Richard Sinnott denied the requests in seven instances.

    District Attorney Rachael Rollins said Sinnott overstepped his role and promised she'll take other steps to get the charges dropped.

    "By compelling arraignment in every case, the judge punished the exercise of individuals' First Amendment right to protest," she said in a statement late Tuesday. "For those people now tangled in the criminal justice system for exercising their right to free speech — many of whom had no prior criminal record — I will use the legal process to remedy the judge's overstepping of his role."

    Rollins didn't elaborate, and a spokeswoman did not comment Wednesday.

    Sinnott, who was appointed by Republican Gov. Charlie Baker in 2017, declined to comment Wednesday as he continued hearing arraignments for the some 36 people arrested at the parade.

    WGBH reports the judge agreed to dismiss the charges in many of the cases heard Wednesday. But at one point, Sinnott held a defense lawyer in contempt and had her handcuffed and detained for about two hours after she began reading from case law suggesting he had no authority to overrule Rollins' decision not to prosecute certain defendants, the station reported.

    https://www.usnews.com/news/best-sta...ade-protesters
    Atheism is the cult of death, the death of hope. The universe is doomed, you are doomed, the only thing that remains is to await your execution...

    https://www.youtube.com/watch?v=Jbnueb2OI4o&t=3s

  • #2
    Under what authority are the protesters being prosecuted?

    One would think constitutional originalists would have a problem with this.

    --Sam

    Originally posted by seer View Post
    So the leftist District Attorney tried to throw out the charges to protect these radicals, but the judge was not having it - good for him!
    "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

    Comment


    • #3
      Originally posted by Sam View Post
      Under what authority are the protesters being prosecuted?

      One would think constitutional originalists would have a problem with this.

      --Sam
      According to the story, "officers were pelted with rocks, bottles of urine and other unidentified materials as the parade wound down, injuring at least four officers."

      I don't think "orgininalists" would have a problem here.
      Some may call me foolish, and some may call me odd
      But I'd rather be a fool in the eyes of man
      Than a fool in the eyes of God


      From "Fools Gold" by Petra

      Comment


      • #4
        Okay, then find me where in the state constitution the judiciary is getting this power of prosecution from.

        --Sam

        Originally posted by Mountain Man View Post
        According to the story, "officers were pelted with rocks, bottles of urine and other unidentified materials as the parade wound down, injuring at least four officers."

        I don't think "orgininalists" would have a problem here.
        "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

        Comment


        • #5
          Originally posted by Sam View Post
          Okay, then find me where in the state constitution the judiciary is getting this power of prosecution from.

          --Sam
          Are you under the impression that judges must accept a motion to dismiss?
          Some may call me foolish, and some may call me odd
          But I'd rather be a fool in the eyes of man
          Than a fool in the eyes of God


          From "Fools Gold" by Petra

          Comment


          • #6
            If the state is not bringing charges in a criminal case, yes. Can you find me something in the MA (or federal, for that matter) constitution that says otherwise? Who's going to prosecute the case?

            --Sam

            Originally posted by Mountain Man View Post
            Are you under the impression that judges must accept a motion to dismiss?
            "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

            Comment


            • #7
              Originally posted by Sam View Post
              If the state is not bringing charges in a criminal case, yes. Can you find me something in the MA (or federal, for that matter) constitution that says otherwise? Who's going to prosecute the case?

              --Sam
              Obviously the state prosecutor will be compelled to do their job.
              Some may call me foolish, and some may call me odd
              But I'd rather be a fool in the eyes of man
              Than a fool in the eyes of God


              From "Fools Gold" by Petra

              Comment


              • #8
                For the record:

                Source: Rachael Rollins blasts judge for refusing to dismiss charges against nonviolent ‘Straight Pride Parade’ protesters. Nik DeCosta-Klipa. Boston.com 2019.09.03

                A total of 36 people were arrested during the parade Saturday. According to Rollins’s office, prosecutors are pressing forward in the cases in which the charges are violent in nature, including assault and battery on a police officer. However, 20 of the people arrested were charged only with disorderly conduct alone or disorderly conduct and resisting arrest. And in those cases, prosecutors have been asking Sinnott to drop the charges, according to the DA’s office.

                © Copyright Original Source



                Great to see just how readily some folks here are ready to put on the jackboots, tho.

                --Sam
                "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

                Comment


                • #9
                  On what authority? Who's deciding what constitutes "their job"? The judge? Find where that power is granted to the judiciary in the constitution.

                  Originally posted by Mountain Man View Post
                  Obviously the state prosecutor will be compelled to do their job.
                  "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

                  Comment


                  • #10
                    Originally posted by Sam View Post
                    Under what authority are the protesters being prosecuted?

                    One would think constitutional originalists would have a problem with this.

                    --Sam
                    The DA's - he requested to drop charges - meaning they were already charged.

                    Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

                    The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.
                    Last edited by Teallaura; 09-05-2019, 05:00 AM.
                    "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

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                    • #11
                      Originally posted by Teallaura View Post
                      The DA's - he requested to drop charges - meaning they were already charged.

                      Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

                      The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.
                      Right. That was my understanding as well, so I'm not entirely sure what Sam is going on about.
                      Some may call me foolish, and some may call me odd
                      But I'd rather be a fool in the eyes of man
                      Than a fool in the eyes of God


                      From "Fools Gold" by Petra

                      Comment


                      • #12
                        Originally posted by Teallaura View Post
                        The DA's - he requested to drop charges - meaning they were already charged.

                        Edit: double checked the article - at the very bottom, Rollins herself says these guys were already arraigned. The decision to prosecute had already been made.

                        The court has every right to deny the petition - courts are NOT rubber stamps - and once arraigned, the decision belongs to the court.

                        If there's any basis for this in the constitution or case law, y'all are going to have to find it. Barring some showing of corruption or negligence, the judge has no authority to compel the State to pursue charges.


                        --Sam
                        "I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"

                        Comment


                        • #13
                          Sin-nott should be renamed Sin-a-lot. What a disgrace.
                          “I think God, in creating man, somewhat overestimated his ability.” ― Oscar Wilde
                          “And if there were a God, I think it very unlikely that He would have such an uneasy vanity as to be offended by those who doubt His existence” ― Bertrand Russell
                          “not all there” - you know who you are

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                          • #14
                            Originally posted by Sam View Post
                            For the record:

                            Source: Rachael Rollins blasts judge for refusing to dismiss charges against nonviolent ‘Straight Pride Parade’ protesters. Nik DeCosta-Klipa. Boston.com 2019.09.03

                            A total of 36 people were arrested during the parade Saturday. According to Rollins’s office, prosecutors are pressing forward in the cases in which the charges are violent in nature, including assault and battery on a police officer. However, 20 of the people arrested were charged only with disorderly conduct alone or disorderly conduct and resisting arrest. And in those cases, prosecutors have been asking Sinnott to drop the charges, according to the DA’s office.

                            © Copyright Original Source



                            Great to see just how readily some folks here are ready to put on the jackboots, tho.

                            --Sam
                            That's a bit over the top, Sam. It's an odd case, but there's usually more than meets the eye.

                            Meanwhile, Mayor Martin Walsh on Wednesday said he’s backing the judges, revealing a split with Rollins.

                            “I think the judge, the courts should take those cases on,” Walsh said. “They should go through the court system.”

                            Also Wednesday, City Councilor At-Large Michelle Wu took to Twitter, saying she watched videos of police interactions with protesters Saturday and felt police acted professionally.

                            “Our law enforcement officers face an incredibly difficult job everyday,” Wu tweeted. “The vast majority of officers in the videos showed restraint, from what I could tell. The City should look into the usage of pepper spray — the short videos don’t show provocation & also don’t give all context.”

                            source


                            It will be interesting, if the case makes it to court, to see who will actually prosecute the case.
                            The first to state his case seems right until another comes and cross-examines him.

                            Comment


                            • #15
                              I'm still looking for more details on this, but it appears the judge is being unduly activist...

                              He even held in contempt an attorney for arguing case law.

                              On Wednesday, Judge Richard Sinnott refused to accept the Commonwealth's request not to prosecute a defendant in one case and held their attorney in contempt of court for arguing case law in support of the state's position. Attorney Susan Church was handcuffed and sat in a jail cell for hours.

                              "I was just released after being unlawfully, unreasonably and, honestly, outrageously arrested for simply doing my job," Church said after she was released.

                              “The actions of Judge Richard Sinnott are unprecedented and outrageous," Rollins said in a statement released Wednesday night. "His insistence on arraigning individuals when my office has used its discretion to decline a case is an unconstitutional abuse of his power and serves neither the interests of justice nor public safety."

                              “The power to pursue prosecution falls exclusively on the executive branch, not the judiciary. The judge overstepped his authority here, and only an action of our state's highest court can correct this injustice. My petition is a call for order to be returned to our courts, to ensure the fair administration of justice, and to restore the public's trust in the integrity of our legal system. The people of Suffolk County elected me to do exactly what I am doing.”

                              source


                              I'm having a hard time finding legal justification for the judge to order continuing prosecution when the DA's office has, in effect, withdrawn prosecution.
                              The first to state his case seems right until another comes and cross-examines him.

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