Friday, July 09, 2010

The journey to justice never ends

Listen to the mayor of Oakland California. "The journey to justice never ends."

Here is a man telling the citizens of his city, that in essence? Justice hasn't been served. But what he is actually saying outright and straight forwardly to those listening, is that justice in the black community and justice in the rest of America are two different concepts.

What this mayor is saying, is that his opinion of justice in this case, has absolutely nothing to do with either law or justice. He didn't get the verdict that "he" wanted, therefore, justice wasn't served. This officer isn't convicted of murder and facing life in prison, therefore, justice isn't served.

Anyone familiar with this incident knows that the officer involved inexplicably took a man's life. In his defense the officer claimed that he mistakenly grabbed his pistol instead of his Taser and fired. The end result was that a 22 year old young man was needlessly killed over what appears to be an act of idiotic stupidity. But was it a crime? And more importantly, was it murder.....

That is the question that the law and justice and those involved from the prosecutor to the jury to the judge are charged with deciding. And apparently they did decide. They heard the evidence, they tried the case and they arrived at the determination that the officer is guilty of involuntary manslaughter. They just didn't decide the case the way the mayor and a majority of the blacks in Oakland had already prejudged the evidence of the case.

The jury had the option of finding this officer guilty of murder but they didn't. And they didn't because the crime involved was not murder. To carry a murder conviction, in every state there are these little sticklers of the law called "intent and motive." Otherwise known as elements of the crime. And to prove murder? You have to prove both of those elements along with their companions "malice aforethought."

Simply stated, to prove murder, it is necessary for the prosecution to prove that both anger and pre-planning were involved in the crime. A crime of passion? A spur of the moment act of violence that results in a death? These cannot be murder by law.

In this case, the jury has weighed the evidence and returned a just and proper verdict in the death of this young man. However, while we are examining justice? An injustice was committed against this officer by the state and the prosecutor from the very beginning of the prosecution of this case.

This officer was charged with an additional offense of using a firearm during the commission of a crime. While the involuntary manslaughter conviction carries a four year sentence upon conviction, the weapons charge carries a ten year prison sentence upon conviction. And the jury convicted this officer of the weapons charge in addition to the involuntary manslaughter charge.

You heard me right. The prosecutor in this case charged this officer with using a firearm during the commission of a crime? And the jury found the officer guilty based upon the prosecutor twisting the application of law to a political end in the courtroom.

And that my both wrong and injust. Had the officer been consciously engaged in a willing criminal act at the time the gun was fired? Then the application of that law would apply. But the officer wasn't engaged in any crime.

He was engaged in the performance of his duty. Albeit that he erred and as a result a man died, none the less the reality remains that he did not enter into the incident with either the intent to commit a crime or the intent to kill this man.

And we as society, cannot arbitrarily apply the law based merely upon emotion or political or racial influence. Yet that is precisely what i believe we are now witnessing in this country. The law must be tempered with both judgment and in the application of our constitution and the provisions and rights that we each supposedly have bestowed upon us by that document. And yes, even police officers.have rights too.

So as of this conviction, we have seen the first injustice perpetrated in this case. But a larger and far more sinister injustice is lurking in the wings waiting to unfurl its tentacles to consume the battered remains of this former officer.

As of today, Eric Holder has weighed in and stated that the US Justice Department will now review the case.

US Justice Department to review BART shooting
"The U.S. Department of Justice will conduct an independent review of the Johannes Mehserle case in order to determine whether or not the shooting merits federal prosecution, according the department.

"The Justice Department has been closely monitoring the state's investigation and prosecution," the department said in a statement.

"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."

So....what does that mean? Apparently it means that once again the minority gets a second bite of the apple when it comes to the criminal justice system in America. The best two out of three as it concerns appeasing the black communities sense of justice.

Just like in countless other cases over the past twenty years, when the black community screams for "justice?" The Justice Department comes running and initiates a second prosecution under federal civil rights laws and subjects the individual or group in question to a second prosecution for the same offense.
And that is precisely what will happen in this case. Eric Holder's Justice Department will charge and try this officer for violating the deceased man's civil rights. And that part in the US Constitution that specifically prohibits anyone from being twice placed in jeopardy and tried for the same crime more than once? Well they will do the same thing in this case that they did in the Rodney King case and all the other where blacks have screamed injustice. They will simply convict this officer of civil rights violations in a federal courtroom. then throw his bones on the alter of race relations in America while everyone involved, ceremoniously pats each other on the ass and congratulates themselves on another fine job of justice.

And Eric Holder has the unmitigated gall to say that white people in America are racial cowards?

No, the journey to justice never ends for those who find themselves in the cross hairs of race hate and the race pimps of America. And once the US Justice Department (civil rights division) determines that they have a political mandate from the black community? It is already a done deal for the poor slob in the cross hairs of a racist multiculturalist society that knows no truth but that which is fabricated to fit the lie.

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