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Post by Swimmy on Dec 9, 2008 7:28:10 GMT -5
Boomer,
I am sorry that you and your friend had to experience that horrific event and still struggle with that past today.
Thank you for sharing your pain because now I understand your anger in your prior post. I am sorry for not understanding earlier.
What is your take on my theory of having DAs appointed, similarly to the US AG?
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Post by bobbbiez on Dec 9, 2008 18:21:18 GMT -5
 Just heard on the news that another man, Roy Brown, who was also wrongfully accused and sentenced to prison and who was released through the Innocence Project just received 2.6 million dollars as a settlement for all the years he spent in prison. Not for one minute do I feel that money can bring back those lost years he could have spent with his family breathing fresh air but it should wake up the ears and eyes of the average citizen to exactly how bad our justice system has become. That money is coming out of your pockets. Mr. Brown's rightful settlement is not the first or will it be the last. Start questioning all those in our justice system and demand changes be made for the top down. 
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Post by Clipper on Dec 9, 2008 18:32:18 GMT -5
You stated when Barnes was freed that there WAS no recourse for them to be paid by the state or anyone else when they are wrongfully imprisoned. I thought there was. Maybe Barnes stands a chance yet of being paid at least something for his time lost.
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Post by bobbbiez on Dec 9, 2008 18:43:23 GMT -5
Clipper, I never stated that.   Barnes can and will sue and I have no doubts that he will be awarded a very LARGE settlement. I stated and I will repeat, NO AMOUNT OF MONEY can replace the years these people have lost. I'm sure if you could offer those years back with their families in replacement of the money, all would take being free and being with their families. 
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boomer
Mild Pushover
Posts: 128 
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Post by boomer on Dec 9, 2008 19:30:30 GMT -5
Hi guys,
Swimmy I don't think that an appointed judge or AG is a bad idea, perhaps that method would also be open to exploitation but it sounds like it would be subject to less "influence".
Hey I showed this thread to my friend and he got a little annoyed at first but I think it did him good to see. He's right this reads like a huge downer. He reminds me that he's not a very depressed guy, and he's right he's usually an "up" person, but neither of us like to open the news and read about how it still goes on to this day. At some point you have to accept and move on, and it feels good, but all of us watch the local yokels here very carefully! The best thing is that it seems many are paying attention now. Sooner or later something will come to a head. More and more people are pushing for it.
Another thing I asked him because when I first wrote all that I was curious. I noticed he doesn't hold a grudge against the courts that first convicted him when he was in his 20s. So I asked him about it and he was totally accepting of his conviction. He admits he was dead wrong and guilty and I think that is interesting here.
His comment on this was "At least it is not a secret. It was only a matter of time before they screwed enough people over to destroy their own names for a change."
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Post by Clipper on Dec 9, 2008 19:35:03 GMT -5
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Post by Swimmy on Dec 9, 2008 21:36:31 GMT -5
Boomer,
I am afraid that there will always be room for exploitation. Unfortunately, it is human nature. Power corrupts.
As for monetary compensation for time lost from a wrongful conviction, I do not know if there is a civil tort available for that. I do know from my own legal research that a wrongful prosecution is barred where the court finds probable cause. This is almost always satisfied with a Grand Jury indictment. I think it is wrong, but unfortunately that is the law in New York State.
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Post by Clipper on Dec 10, 2008 10:32:19 GMT -5
Oh dear. I go back and read what I wrote yesterday sunshine, and it comes across as hostile. Sorry about that. It was meant to simply be the usual ball busting and trading barbs that we always do. I guess when we trade insults every day about age, and such, it is too easy to drift over the line. I have known you too long to want to go there. I apologize. Sorry kiddo. Have a good day.
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Post by Swimmy on Dec 10, 2008 13:03:10 GMT -5
I saw the humor and ball busting conveyed in the prior post, clipper. I suppose to someone not used to the harassment you two give each other it might come across as mean (such as some of our newer members). But if it is any consolation, I understood what you meant. :-)
Bobbiez, I am not ignoring you! I will respond to your message. Job is kinda busy and we are all on egg shells with the economy and the $700 billion scam mean less money for legal aid organizations.
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Post by Clipper on Dec 10, 2008 13:10:35 GMT -5
LOL. We are both guilty of getting carried away on occasion, but I don't want to be downright nasty to my favorite nemisis. She is one of my favorites. (To pick on, hahaha)
Are ya going to be in town for the gathering at Denny's? You can witness in person, bobbbiez trying to get her sore foot high enough to kick my dupa!
I am sure that you guys are all walking on egg shells, but don't ya think that legal aid should end up safe? Hell, it is a necessary item when people can't afford legal representation, they still have to be represented by someone. Can you imagine the railroad jobs that would happen if it weren't for dedicated legal aid attorneys? A "poor" person could kiss their ass goodbye.
I am sitting here gritting my teeth, because when Bobbiez DOES come back, I will REALLY need the titanium cup.
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Post by bobbbiez on Dec 10, 2008 13:14:24 GMT -5
Clipper, what the hell are you talking about? And why are you apologizing? ? I am lost on everything. Had a wind storm last night and my computer was down till this morn so I couldn't keep up with our conversation. Seems it was a mis-communication, (on your part ;D). When you stated I said Barnes couldn't be " compensation" in my post, I did mean no one could compensate him, with any amount of money, for the precious years he lost. Nothing to do with his legal rights against his wrongful imprisonment. Think everyone knows he can and will sue down the road and rightfully so. If I were him, I'd sue for the largest amount of $ in hopes of waking people up to just how corrupt our justice system has become and to make the justice system aware that no one anymore will tolerate the injustice that has been done to many.  Come on Clipper,you should know me by now. Takes more then a little disagreement to ruffle my feathers. Besides, my feathers were already ruffled by my computer service when I couldn't get on last night. lol!!!!!!!! Now, that really pi**es me off!!!!! Very sorry my friend, that you had to go all night thinking you "got" to me and now I have to burst your bubble.  
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Post by Clipper on Dec 10, 2008 13:18:17 GMT -5
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Post by bobbbiez on Dec 10, 2008 13:24:43 GMT -5
Clipper, you are sooooooooooooooo right about the legal aid departments. Sorry, but in my book, they are good for sh*t and if they represent you, you're a** is going bye, bye for a long time. It's all about money in our court system. If you can afford a dream team, you either get no time or very little. That's not what justice is suppose to mean. I've been in court rooms many times when the lawyers from the legal aid department doesn't even know what the defendant they're representing looks like. Pretty damn sad in my book. 
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Post by Swimmy on Dec 10, 2008 13:24:55 GMT -5
LOL. We are both guilty of getting carried away on occasion, but I don't want to be downright nasty to my favorite nemisis. She is one of my favorites. (To pick on, hahaha)
Are ya going to be in town for the gathering at Denny's? You can witness in person, bobbbiez trying to get her sore foot high enough to kick my dupa! That is my plan to show up on the 27th. I'm looking forward to meeting you all in person. I have had the pleasure of meeting Frank and Mr. Tanoury. I look forward to meeting the rest of you. I am sure that you guys are all walking on egg shells, but don't ya think that legal aid should end up safe? Hell, it is a necessary item when people can't afford legal representation, they still have to be represented by someone. Can you imagine the railroad jobs that would happen if it weren't for dedicated legal aid attorneys? A "poor" person could kiss their ass goodbye. You would think that. But we've already seen funding cuts at the state level to try and compensate for the state deficit (all those years of uncontrolled spending beyond our abilities has finally caught up and go figure, the poor suffer the hardest). Before the bailout, Obama promised a 10% raise, but now that is in jeopardy considering the auto industry bailout being considered. There was a push to have that $700 billion scam go toward legal aid organization to help the poor, but we all know where it ended up. I survived the first round of layoffs, barely. If we have another round I'll be one of the first to be gone. |
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Post by bobbbiez on Dec 10, 2008 13:34:05 GMT -5
Yeah, and you better never forget what your Momma taught you because, "we" elders can still put some serious hurts on that body of yours.  Hey, my boys still run in different directions if they pi** me off. ;D Like your Mom, their Momma raised no fools. Speaking of the foot. Got to run, (well, maybe not run), and get more meds for it. Catch ya on the rebound. ;D
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Just heard on the news that another man, Roy Brown, who was also wrongfully accused and sentenced to prison and who was released through the Innocence Project just received 2.6 million dollars as a settlement for all the years he spent in prison.
Didja forget ya said it? Happens when ya get old, or maybe it was a blonde moment. 
