Sunday, April 12, 2015

Camp Lone Star – Act Two: The Contradictions Scene 3: To Be, or Not to Be – Forthright

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In Act One: The Government Charade, Judge Hanen graciously gave Prosecuting Attorney Hagen, the opportunity to respond to the Motions to Suppress and Dismiss, in greater detail, since he had failed to address some of the points presented in Mr. Sorola’s motions. The deadline for the response was April 10. So, we anxiously awaited that filing to see if Hagen could dig out of the hole he had created for himself, with his prosecution (persecution?) of K. C. Massey.

Well, I received a copy of Government’s Supplementary Response To Motion Suppress And Motion To Dismiss Indictment, on Friday, April 10. Now, it is typical of the “case law” method, which, well, let’s use the description of Teddy Roosevelt’s thoughts on this method, from the book “Bully Pulpit”, by Doris Kearns Goodwin. Case law method was developed at Harvard in 1872. “Though the pleasure he took in his studies is amply expressed in his journal, he was troubled that ‘some of the teaching of the law books and of the classroom seemed to me to be against justice.’ He noted critically that ‘we are concerned with [the] question of what law is, not what it ought to be.'” So, like Teddy, we are stuck with “what law is, not what it ought to be.”

Hagen’s Response addresses a number of higher court opinions, both Supreme and appellate, though we will only be looking at those opinions of the Supreme Court. So, let’s look at just how Mr. Hagen attempts to extricate himself from that hole. At this time, we will only address the Response to the Motion to Suppress.

First, he addresses the Motion to Suppress Evidence. In so doing, he lists the following:

Camp Lone Star – Act Two: The Contradictions Scene 2: To Detain, or Not to Detain? That is the Question.

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Another question brought up in Sorola’s motion to suppress evidence was also addressed. At issue is whether he was detained, at which point he would have to be read his Miranda rights, which they did not do, or simply stopped for investigative purposes. The latter would be what is referred to as a Terry Stop. It is worth noting that a Terry Stop is defined as:

A brief detention of a person on reasonable suspicion of involvement in criminal activity but short of probable cause for arrest. To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.

As you read the testimony, decide what you believe the answer is. Remember that only two people were witness to any criminal activity — the shooting incident.

Mr. Hagen said, in his initial argument:

NC: Craig Hicks becomes symbol in gun politics

 Murder defendant Craig Stephen Hicks, 46, sits quietly in Durham Criminal Superior Court for his Monday, April 6, 2015, death penalty hearing. Hudson found that the Hicks case, in which Hicks is charged in the shooting deaths of three Muslim college students at Finley Forest residential complex in Chapel Hill in February 2015 eligible for the death penalty.

Craig Stephen Hicks, the unemployed community college student accused of killing three college-age Muslims, almost instantly became a social-media portrait for questions about religious bias and hate crimes.

Now the 46-year-old self-described atheist has become a symbol for gun politics, too. Opposite sides in the gun-control debate are using his case to bolster very different appeals for policy change.

The advocates for more controls say the aggressive behavior cited by Hicks’ neighbors illustrates why they endorse fuller background checks with hopes of limiting gun access.

Those advocating more gun freedom argue that such violence might be prevented in the future if more weapons, not fewer, were in the right hands.

                                                            More @ The News & Observer

Read more here: http://www.newsobserver.com/news/local/counties/orange-county/article18279290.html#/tabPane=tabs-b0710947-1-1#storylink=cpyM

Barkhane: Destroying weapons caches

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Operation  Barkhane, March 2015
Search operation and destruction of arms caches in the Tighargar region in northern Mali.
Credits: Staff of the Armed / ECPAD

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The PETRA 300WM from SI-Defense - Recoil

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Deep Seated Hostility Toward the South

William Lowndes Yancey of Alabama pointed to the relentless pressure from Northern States for trade advantages at the expense of the rest of the country while resisting any increase of new States friendly toward Southern interests. It should be noted also that Southern States were “free States” like the North though with an African labor system – and Northern States were former slaveholding States with many employing wage-slaves.
Bernhard Thuersam, www.Circa1865.com

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Deep Seated Hostility Toward the South

“Yancey now saw the dangers . . . divined in the combination of tariff increases, repeal of the Gag Rule, and especially the exclusion of Texas. “I can see in this a deeply seated hostility to the South – a disposition to circumscribe it – to surround it with people and institutions hostile to it,” he began. The Missouri Compromise, he reminded New Yorkers, gave the free States the bulk of western territories enough to make twenty-six new States, according to his calculations.

Once the Union admitted Florida as a slave State, Yancey pointed out that slaveholders had nowhere else to turn. And yet, the Texas annexation – with the possibility of dividing that region into five slave States – “frighten[s] Northern men out of their wits about the enormous preponderance which annexation will bring to the South!”

So, he concluded, while Maine pressed her lumber interests in Congress, western States called for federal internal improvements, Pennsylvania and New England sought advantage for their industry and New York for commerce, “the South but urges annexation as a protection against assailants! Do you not see the difference?”

[Yancey] asserted that Northerners would cut their own throats by harming the peculiar institution. It was the produce of slave labor, not free labor, Yancey claimed, that resulted in the commercial prosperity of New York. [And] Yancey correctly noted that the Constitution’s three-fifths provision that many Northerners blamed for increasing Southern political power actually limited representation. If Northerners forced the end of slavery, African Americans in the South would suddenly count as five-fifths . . . for determining representation in Congress.

(William Lowndes Yancey, The Coming of the Civil War, Eric H. Walther, UNC Press, 2006, pp. 81-82)

Video shows Tulsa man’s last moments alive after accidental police shooting

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 Video shows the moment Eric Harris was killed after being chased by 73-year-old reserve deputy Robert Bates in Tulsa, Oklahoma, when Bates pulled out his gun, instead of his taser.

It was a mistake.

That’s the blasé explanation Oklahoma officials gave after the fatal shooting of an unarmed black man by a white deputy who accidentally pulled his gun when he meant to use his Taser.

The botched encounter was captured on a disturbing video released by police on Friday — nine days after the fatal Tulsa shooting.

“He shot me! He shot me, man. Oh, my god. I’m losing my breath,” Eric Harris says as he struggles on the ground following the April 2 shooting, which flew under the radar until video emerged a week later.

More with video @ New York Daily News

KY: Surrender has to be Unambiguous to be Effective

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In this case in Kentucky, the robber had a fake gun.  When the victim pulled his own gun, the robber resorted to a gesture that indicated he did not want a gun fight.  But the realistic fake gun was still in his hand.

The clerk fired, the robber dropped the fake gun and fled.  His accomplices dropped him off at a closed Urgent Care, but bystanders called an ambulance and he survived, barely.

Police Chief Rick Sanders joins a growing list of police and Sheriffs who have praised armed defenders. 

From wlky.com:

More @ Gun Watch