This Could Get Ugly...

[Lord Jim]

especially after it gets dark...(A lot of the violence and destruction that took place in Ferguson was carried out by people who came in from St. Louis...)

Protests erupt after ex-cop Jason Stockley found not guilty in black man's death

(CNN)Protests broke out Friday afternoon in downtown St. Louis hours after a judge found former police officer Jason Stockley not guilty of first-degree murder in the 2011 shooting death of black motorist Anthony Lamar Smith.

Soon after the verdict, protesters and activists gathered outside the courthouse to voice displeasure. Some could be seen locking arms and praying together, while others held signs, chanting, "No justice, no peace."

While the protests started peacefully, St. Louis police said Friday evening that demonstrators smashed the windshield of a police vehicle. Officials said violence would not be tolerated.

In a separate tweet, police declared the protest no longer peaceful, and that protesters ignoring commands would be subject to arrest.

Protesters made their way to police headquarters and called for police resignations and an economic boycott of St. Louis, the St. Louis Post-Dispatch newspaper reported.

St. Louis police said that some officers were hit by water bottles.

Stockley, then a St. Louis officer, fatally shot Smith, 24, after a police chase in December 2011 over a suspected drug deal.

Stockley pleaded not guilty, saying he acted in self-defense and believed Smith was reaching for a gun in his car. Prosecutors accused the officer of planting a silver revolver to justify the shooting. The defendant waived his right to a jury trial, meaning the ruling was left to the judge.

"This Court, in conscience, cannot say that the State has proven every element of murder beyond a reasonable doubt, or that the State has proven beyond a reasonable doubt that the defendant did not act in self-defense," St. Louis Circuit Judge Timothy Wilson wrote in his ruling. Stockley also was acquitted of armed criminal action.

St. Louis Circuit Attorney Kimberly Gardner said she was "disappointed" by the decision.

"Right now, I'm just going to be honest, I pray for my city, man," Michael Brown said outside the courthouse Friday morning. "Because my people are tired of this." Brown is the father of Michael Brown, a young black man who was shot and killed by a police officer in nearby Ferguson, Missouri, in 2014.

Earlier this week, Smith's fiancée had urged the community to avoid violence.

"However it goes, I ask for peace," Christina Wilson said, appearing in a press conference with Missouri Gov. Eric Greitens.

Authorities had set up barricades around the courthouse and intensified security in preparation for protests, according to CNN affiliate KMOV.

"What the country needs to know is, every single person in our country, we have a right to be mad," said Al Watkins, an attorney for Smith's fiancée, Christina Wilson, after the verdict. "We have a right to disagree. We have a right to express our opinion. We have a right to protest."

"Exploit that right, don't compromise it," he said. "Stay peaceful."

Greitens said the National Guard has been activated to protect residents and property after the verdict.

"As governor, I am committed to protecting everyone's constitutional right to protest peacefully while also protecting people's lives, homes, and communities," he said in a statement before the judge's ruling. "Taking the steps to put the Missouri National Guard on standby is a necessary precaution."

http://www.cnn.com/2017/09/15/us/jason- ... index.html

Kudos to Mr. Brown and Ms. Wilson for speaking out to call for the protests to remain peaceful. I confess to not having followed this case closely, and not having looked into the evidence involved, so I really don't have an opinion at this point as to whether or not this was a just decision on the part of the judge.

Until I've spent some time looking into this, and reading up on the evidence, I'm not going to lunge to a conclusion either way...

[Lord Jim]

Here's a link to the text of the judge's ruling:

https://apps.npr.org/documents/document ... ley-Ruling

[BoSoxGal]

Unfuckingbelievable!

[RayThom]

Prosecutors accused the officer of planting a silver revolver to justify the shooting..."

This action was caught on tape, PLUS the only fingerprints found on the "throw away" was the cop's.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you superadd the tendency or the certainty of corruption by authority. There is no worse heresy than that the office sanctifies the holder of it..."

[Econoline]

The more I read about this, the uglier it gets. (The fact that he had a .38-caliber drop piece ready to plant speaks volumes.)

Premeditated?

• A high-speed police chase preceded the shooting. During the pursuit, Stockley shouted commands to Bianchi, who drove their police SUV while chasing Smith through the Walnut Park neighborhood at speeds approaching 90 mph. Amid sirens, engine noise and squawking radio traffic, Stockley can be heard on an in-car camera video telling Bianchi "Gonna kill this motherfucker, don't you know it."

[Jarlaxle]

Bring in the National Guard. In fact, they should have been brought in BEFORE the verdict was announced.

[ex-khobar Andy]

Prosecutors accused the officer of planting a silver revolver to justify the shooting..."

This action was caught on tape, PLUS the only fingerprints found on the "throw away" was the cop's.

I haven't seen the tape but the judge's ruling is clear that he viewed it "innumerable" times and saw no evidence of the cop planting the weapon. What seems more surprising to me is that apparently the junior (inexperienced) partner told Stockley (defendant) that the apparent dealer had a gun while they were driving and that he could see him holding it. Then when the action stops after the chase Stockley walks over to the car with his weapon holstered. I simply do not believe that after a warning that a drug dealer has a weapon in his hand, the cop would just amble up in a friendly way.

And BTW and off topic, if you read to the end of the judge's ruling, take a look at his signature. The 'i' in Timothy and Wilson has a little circle instead of a dot. Bless him - I thought only 12-year-old girls did that but I guess I am wrong as I am about so much of popular culture these days.

[Jarlaxle]

My stepfather has dotted the "i" in his signature (name is Michael) with a circle for at least forty years. Far as I know, that is the only place he does it.

[RayThom]

... And BTW and off topic, if you read to the end of the judge's ruling, take a look at his signature. The 'i' in Timothy and Wilson has a little circle instead of a dot. Bless him - I thought only 12-year-old girls did that but I guess I am wrong as I am about so much of popular culture these days.

I agree. It's widely held by handwriting analysts that dots drawn as circles or other shapes (hearts) point to immature behavior of the writer who craves to be noticed. I bet Judge Wilson is a contrarian crying out for the respect of his peers. He should somehow be compelled to take a competency evaluation test. His judgement is definitely compromised.

[MGMcAnick]

I don't understand the judicial process where only a JUDGE acquits a defendant. Is that normal in high profile cases like this? I would not want to be him, given the mob scenes in that area.

[Econoline]

If I understand correctly, it's totally the DEFENDANT'S decision whether or not to be tried by a jury. He has a Constitutional right to a jury trial, but he's also entitled to waive that right. It's that simple.

[BoSoxGal]

If I understand correctly, it's totally the DEFENDANT'S decision whether or not to be tried by a jury. He has a Constitutional right to a jury trial, but he's also entitled to waive that right. It's that simple.

To be clear, there is no Constitutional right to waive a jury trial, only a right TO a jury trial. The federal courts do not recognize an absolute defendant's right to waive, and a jury waiver must be agreed to by the court and the United States.

I believe you are correct in that all of the states leave the waiver to the defendant, if competent - but I'm not aware of any state constitution that guarantees waiver - there may be some, I haven't read them all, but I'm aware of several that do not enshrine waiver as a right.

Did a seminar in law school on the jury system; there are a lot of interesting law journal articles over the decades that discuss this issue.

[ex-khobar Andy]

If I understand correctly, it's totally the DEFENDANT'S decision whether or not to be tried by a jury. He has a Constitutional right to a jury trial, but he's also entitled to waive that right. It's that simple.

To be clear, there is no Constitutional right to waive a jury trial, only a right TO a jury trial. The federal courts do not recognize an absolute defendant's right to waive, and a jury waiver must be agreed to by the court and the United States.

To make sure I understand: yes there is a 6th Amendment constitutional right to a jury trial. Why would there need to be a constitutional right to waive that right? Surely you do not need additional specifications of a right to waive a right - the whole point of a right as opposed to a requirement is that you are free at any time to waive it. I can see why the court and (in the case of a federal trial) the US might have to approve the waiver in order to make sure that the defendant understands what s/he is doing and is not being coerced, but why would you need a constitutional right to waive a right?

[RayThom]

... but why would you need a constitutional right to waive a right?"

[MGMcAnick]

Are we to believe (believe may be the wrong word) that Spock would use an E6B on the Starship Enterprise? I don't even know anyone who uses one today. I got my first digital flight computer in 1982. It was used, so I know they'd been around a while.

https://en.wikipedia.org/wiki/E6B

[ex-khobar Andy]

I remember those things. My school had a ROTC type thing called the CCF (Combined Cadet Force) of which I opted for the Air Force section. The attitude to uniforms and spit and polish was more relaxed than for our army brothers (we could wear our own black shoes, for example, instead of army boots). We had an ancient Link Trainer and we learned to navigate it with one of these devices. I don't recall what we called it and E6B doesn't ring any bells; but I became reasonably proficient in its use although of course we never left the ground. This would have been 1964-ish.

[RayThom]

The E6B -- I remember it well. It's logical.
https://www.informationweek.com/governm ... id/1323695

[MajGenl.Meade]

I remember those things. My school had a ROTC type thing called the CCF (Combined Cadet Force) of which I opted for the Air Force section. The attitude to uniforms and spit and polish was more relaxed than for our army brothers (we could wear our own black shoes, for example, instead of army boots). We had an ancient Link Trainer and we learned to navigate it with one of these devices. I don't recall what we called it and E6B doesn't ring any bells; but I became reasonably proficient in its use although of course we never left the ground. This would have been 1964-ish.

Ha! I was in the CCF down in Dover. Army of course, because the navy and air force were pathetic at marching. And those carpet slippers! We had nice expensive army boots that CRASHED when we stood to attention! They also slid viciously down concrete slopes but were wonderful later on in life at soccer matches when metal studded soles and horseshoe cleats at each end were just the thing to soften Arsenal supporters' feet. We fired rifles and Bren guns while you airey oiks were playing with toy planes.

[RayThom]

... Ha! I was in the CCF down in Dover. Army of course, because the navy and air force were pathetic at marching. And those carpet slippers! We had nice expensive army boots that CRASHED when we stood to attention! They also slid viciously down concrete slopes but were wonderful later on in life at soccer matches when metal studded soles and horseshoe cleats at each end were just the thing to soften Arsenal supporters' feet. We fired rifles and Bren guns while you airey oiks were playing with toy planes.

... and we liked it!

[MajGenl.Meade]

Why do TV stations list and refer to "MLB Baseball"? Surely, it should just be "ML Baseball". Is there a thing called Major League Baseball Baseball? Why, it's as bad as calling an ATM an "ATM Machine" when the M already means machine. Simply say, "ATM" for the sake of goodness! And why do so many restaurants have carrots, beers, desserts and pizza's on the menu? Is there something odd about pizzas that using the plural confuses the same people who happily wrote "desserts"? And why do so many people ask "Where are you at?" when "Where are you?" is correct? People are never "at" anywhere. That is all. For now.