Interpretation of law

[Norelco]

I'm not sure how I feel about this. Essentially, this guy shoots a cop in 1966 and serves 15 years for attempted murder. Just recently the cop dies, and medical examiner says it was because of an infection that stemmed from the original shooting. So the DA slaps a murder charge on the guy and now he's back in custody.

Does this seem right to you?

http://www.cnn.com/2007/US/law/09/04/ol ... index.html

[Intense]

The DA is allowed to do this, itsnot considered charging him twice since the charge is different. There is a chance itll be dismissed by the judge in the pursuit of justice before it even goes to trial due to this line:

Several people who have known Barnes in recent years said he has been trying to atone by publicly discussing his regrets and the lives he ruined.

If nothing else, he might get credit for time served if he pleads guilty. But this goes to show you how the DA is. Theyre sharks, looking to prosecute people in hopes of getting convictions for their own career gain.

[Norelco]

There is a chance itll be dismissed by the judge in the pursuit of justice before it even goes to trial due to this line:

Several people who have known Barnes in recent years said he has been trying to atone by publicly discussing his regrets and the lives he ruined.

If nothing else, he might get credit for time served. But this goes to show you how the DA is. Theyre sharks, looking to prosecute people in hopes of getting convictions for their own career gain.

Time served for a life sentence or the death penalty won't be much help. :D

[Kazen]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

[AzazaelFenrir]

If nothing else, he might get credit for time served. But this goes to show you how the DA is. Theyre sharks, looking to prosecute people in hopes of getting convictions for their own career gain.

And the defense is any better, look at the cases where someone breaks into a home, gets injured and sues the home owner and wins. Most self respecting people wouldn't even take that case. Both sides have serious issues they need to work out.

[Intense]

There is a chance itll be dismissed by the judge in the pursuit of justice before it even goes to trial due to this line:

Several people who have known Barnes in recent years said he has been trying to atone by publicly discussing his regrets and the lives he ruined.

If nothing else, he might get credit for time served. But this goes to show you how the DA is. Theyre sharks, looking to prosecute people in hopes of getting convictions for their own career gain.

Time served for a life sentence or the death penalty won't be much help. :D

He wouldnt necessarily need to plead to the initial charge on the complaint. His attorney can make a deal with the DA and plea to a lesser charge.

[SwampdonkeyPLD]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

Yea wtf, putting a murderer in jail, thats complete bullshit.

[Kazen]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

Yea wtf, putting a murderer in jail, thats complete bullshit.

I guess you didnt read where he served his time and it wasnt a murder at the time. Let's look at this a bit more closely... Ok so he shoots the guy in 1966 and serves 15 years, the year is now 1981, he has been out of jail since this time and just now in 2007 they are taking him back when he's 71 fucking years old?

[SwampdonkeyPLD]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

Yea wtf, putting a murderer in jail, thats complete bullshit.

I guess you didnt read where he served his time and it wasnt a murder at the time.

I read that the guy he shot died because of what the 71 year old guy did.

You said, "they want to put a 71 old man in prison for murder? That's complete bullshit." Hence my response.

[Falconblade]

Why wasn't the bullet removed?

[Intense]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

Yea wtf, putting a murderer in jail, thats complete bullshit.

I guess you didnt read where he served his time and it wasnt a murder at the time.

I read that the guy he shot died because of what the 71 year old guy did.

You said, "they want to put a 71 old man in prison for murder? That's complete bullshit." Hence my response.

You responded like the details about the case were sparse, and they werent. Youre an idiot.

[Falconblade]

Jesus christ, that happened so long ago and that guy is 71 one now... what the hell is wrong with the DA. I mean, that guy is trying to repent all this time, yet they want to put a 71 old man in prison for murder? That's complete bullshit.

Yea wtf, putting a murderer in jail, thats complete bullshit.

I guess you didnt read where he served his time and it wasnt a murder at the time.

I read that the guy he shot died because of what the 71 year old guy did.

You said, "they want to put a 71 old man in prison for murder? That's complete bullshit." Hence my response.

The guy he shot died because of an infected that stemmed 20 or more years later from a shooting the then 50 or something year old guy did, now they're trying him for murder at 71 after he already served 15 years.

[Kazen]

You took what I said out of context, I didnt mean a 71 yr old man cant commit murder, what was meant was that this is pretty low to convict him of murder after all this time.

[Elesirdur]

Isn't there a statute of limitations for crimes in Pennsylvania? To me this is absolutely ludicrous, adding on a murder charge to a crime that's over 40 years old. I hope this gets noticed by legal academics and professionals in America as to a grossly unethical misuse of the law.

[Intense]

Isn't there a statute of limitations for crimes in Pennsylvania?

There is, but murder isnt included in that statute.

[Elesirdur]

Isn't there a statute of limitations for crimes in Pennsylvania?

There is, but murder isnt included in that statute.

Hmm, interesting.

[quannum]

might as well sentence the original doctor too.

[Intense]

might as well sentence the original doctor too.

Its quite obvious the DA is doing this for political reasons to say "Hey yeah look were tough on crime" and probably because the victim was a cop and not truly in the interest of justice. There is no heroism for the DA in prosecuting a doctor in a case like this.

Although now that I think about it, I wouldnt put it past them to go after the doctor. In my office, we had this case where the boyfriend of a mother had murdered her 8 month old by suffocating him in a trash bag in the closet for a few hours. When the baby died, he put the baby still in the bag in the trash can. The mom was asked to testify by the prosecutors to the fact that she was not there and had left him the children in his care (she had like 2-3 IIRC).

So he gets convicted basically with her help, then they went after her after the fact for child endangerment. I dont remember exactly the details but they went after her because of she had left the children in his care in the first place; I guess he had a few mental issues which she may or may not have been aware of.

You cant trust them. I agree that she was a little stupid for agreeing to this without her own legal representation, but the DA is supposed to be looking out for "the people" and not their own careers.

[aurik]

It is bullshit but it isn't technically a violation of double jeopardy (at the moment). I doubt they'll actually go through with it, and if they do it will probably be appealed successfully.

[Tyche]

First degree murder has no statue of limitations in any state, other degrees do, however, have varying statutes of limitations depending on the state.