Won the battle, now what?

[trooper2ls]

Originally Posted by palani

Has there never been a case where the DA has been removed from office or lawfully liened because of failure to perform his duties or even because of unlawful activities?

It happens.. just not very often due to the professional courtesy generally extended to them by the judicial. We had a few cases when I served on the Grand Jury where the DA was pissing and moaning about the Jury's decision to the Judge and the judge just kept reminding him that our decision was final.. and to "move on". I believe that working in that environment puts them in a mindset of "guilty till proven innocent" rather than the other way around. I'm sure many DA's enter into that office thinking they are serving the public and "fighting crime"... but after a while many loose sight of the law and just go for a high conviction rate. After all.. attornys never lie or twist the truth.. right?

Recently here in Western New York there have been a number of cases of mis-conduct by the DA's office:

http://www.buffalonews.com/cityregion/story/310531.html

"Those findings set off a chain of events that not only saw DeJac fully exonerated but led to the subsequent suspension of respected veteran Buffalo Homicide Detective Dennis A. Delano, who insists Crystallynn was murdered.

Delano, against orders from superiors, allegedly did his own independent investigation of the case and turned police evidence over to the media. Delano’s pay was restored Friday pending a formal disciplinary hearing."

A police homicide detective, Dennis Delano, has brought several wrongful convictions to light recently here. Many innocent people have been freed from prison as a result. He is taking heat because he was "ordered" by his superiors not to investigate these cases. Fortunatly for those who were wrongly convicted, Mr. Delano, had a conscience and did not bow to pressure from his superiors even though it required personal sacrifice on his part. When the cases first broke.. he was suspended without pay while the DA's office continued their practices.


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http://www.statesman.com/news/conten...0harrisda.html


http://findarticles.com/p/articles/m..._17503045/pg_1

http://query.nytimes.com/gst/abstrac...9D94 6197D6CF

http://bubbaworld.com/lane.html
http://www.cbsnews.com/stories/2001/...in290046.shtml

http://en.wikipedia.org/wiki/Mike_Nifong

http://www.connietalk.com/scooter_li...ed_032008.html

http://www.doj.state.or.us/agoffice/...ons/op8275.pdf

[palani]

The only remedy I could see for rampant DA's is oversight from a common law grand jury composed of 25 members of the community.

[David Merrill]

John Suthers ran a vacant office of DA for eight years. I entered a Return of Bill of Indictment into a prosecution against me and he cleaned out his office the next morning. Too bad his second term was nearly over anyway. That is how he kept it from getting on his record, as though that mattered to anybody but me.

He is now considered by many to be the current AG of Colorado, even though his office is vacant once again. Look how he took 90 days to publish his oath and that I can assure you is only because a suitor who was in trouble with his underling DA's went back a second day to get the Certificate of Fact on the Third. Because of what I had done years before, the secretary of state refused to give the suitor a Certificate of Fact that John had failed to publish his oath in that office on the 2nd.

http://Friends-n-Family-Research.inf...9;_AG_oath.jpg



Regards,

David Merrill.

[trooper2ls]

Originally Posted by palani

The only remedy I could see for rampant DA's is oversight from a common law grand jury composed of 25 members of the community.

When I served on the Grand Jury for a 3 month term .. we (as the jury) knocked the DA off his throne a number of times. The problem is with the presentment to the GJ it is a one sided presentment from the prosecution only. It is the burden of the GJ to ask questions and then mediate with the other members to return a majority vote. The presentments are designed to make it look to the GJ that it is a clear cut case of "guilty as charged".. they do not offer any information that would lead you to believe otherwise.

One case we had the Sheriff was serving a warrent on a man at an address that he was "supposedly living at". When they knocked on the door and discovered that the man that the warrent was for was not living there, nor had he ever been.. they still decided to arrest and charge the homeowner with possession w/intent to distribute MJ because he had 1 1/4 oz bag and a bong on his coffee table in plain view. It was up to me (as foreman) to ask.. "Did he have scales?" [Uh, NO], "Did he have a prior record?" [Uh, NO], "Was the MJ in pre-packaged weighed amounts intended for sale?", [Uh-NO], "Were there any other types of narcotics found?", [Uh-NO], "Did the man present any resistance to the arrest", [Uh-NO]..

Once the Judge, DA and Cops left for us to deliberate.. I gave a short speech to the other members, we voted and let the man go.. free and clear. Needless to say the DA and cops were pissed that they couldn't charge this man in a felony as they were hoping. He was just an old hippie who didn't bother anyone and enjoyed partaking in a little toke now and then in the privacy of his own home.. that was his right.

Many GJ's will just go with the flow... when I was foreman I was a real thorn. I even intitiated several investigations at the county jails, schools and administrative budgets. We (as the Jury) wrote official recommendations based on our investigations that were published in the local paper.

Needless to say they were glad when our term was up. .. and the next group of sheeple came in.

..J

[Lawdog]

Originally Posted by palani

Are you implying that the DA is above the law?

Is the position of DA a public office?

Is the DA paid by the public to perform this job?

Does the DA have a duty to prosecute crime by oath or contract?

Is there another recourse or remedy available to the public if the DA fails to perform his/her job? A complaint with the civil service commission perhaps?

Who does the DA work for? Can charges be filed against his/her boss?

Has there never been a case where the DA has been removed from office or lawfully liened because of failure to perform his duties or even because of unlawful activities?

Is the legal profession able to police their own members (lawyers, judges, police)?

Do you ever get the impression you are simply a small fish swimming in a cesspool?

No, the D.A. is not above the law. However, some other law enforcement/prosecutorial agency would have to arrest and indict the D.A. You as a private citizen cannot.

In fact, a D.A. in this area was indicted last year. He was investigated by the Georgia Bureau of Investigation and indicted by a special grand jury headed by an assistant attorney general (since the alleged crimes related to malfeasance in office, the regular grand jury and all assistant district attorneys in his office were disqualified from participating for obvious reasons).

He recently agreed to plead guilty to a felony, which means in addition to whatever criminal sanction the court imposes, he will also be disbarred, just like that D.A. in North Carolina who purused the bogus rape charges against the Duke lacrosse players.

If you have knowledge of a criminal act by a holder of public office, by all means report it to the proper authorities. But you can't "bring charges" in the sense of arresting or indicting them yourself.

[weishaupt1776]

Originally Posted by Tigron-X

theredamendment.com

I haven't gotten the site to work yet. Is it down?

http://www.redamendment.net/home.php

[weishaupt1776]

Originally Posted by Savior

weishaupt1776: Do you have any advice to the ppl who are going this route (red amendment) or any success stories you could share?

People have gotten out of Fedearl Prison, a group i New Hampshire got the state to have a "New Hampshire National Database" in the copper's computer, and were let go for no tags

My "no valid DL" case got thrown out in 5 minutes

An ohio national got a job w/a big firm and was hired w/no W-4 and is paid w/no withholding because the corp atty said to hire him in order to avoid a discrimination lawsuit

Are these successes reproducable?

Not all of them, but if there are more people doing what is right (correcting status), they will have to have a procedure for us to where these successes will be replicatable

If there are millions of people waiting for millions of people to succeed, nothing will get done

The BIG POINT of Correcting status is not to "escape the system" , but because it is the right thing to do

After you SERIOUSLY READ, and not just skim, the book, you will know what I'm saying

[indio007]

The plaintif is liable but you have to know the process to make him liable. That means indemnifying him/her.
Choice selections from Clerkes Praxis.....

[trooper2ls]

Originally Posted by weishaupt1776

People have gotten out of Fedearl Prison, a group i New Hampshire got the state to have a "New Hampshire National Database" in the copper's computer, and were let go for no tags...

An insider from the FBI that I used to do computer work for told me a few months back that they were going to be creating a category in their national database for state sovrans. This way in an encounter with the law you would simply give your true name and status and upon lookup they would simply apologize for the inconvience and you would be on your way. (Of course barring you didn't just kill somebody or something like that...)

..J

[ezrhythm]

Originally Posted by Lawdog

But you can't "bring charges" in the sense of arresting or indicting them yourself.

How would you like to bet on that with your membership on this forum?