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I have smelled this kind of crap before. 5 to 1 the "victim" is a liar who didn't want to ruin his street cred by snitchin and good police work was what got this defendant charged. Of course I could be wrong, wouldn't be the first time today.
 

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Florist
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Where I'm at, victim/witness intimidation by gangbangers is a HUGE problem. Must be nice to live in a community where gangs are only on TV or movies.


They say the victim not only told police another boy was the assailant, he could not identify the exact location of the attack even though it would have happened in view of his house.
The sympathetic jurors are saying the attack occured in view of the victim's house but the victim is testifying he can't identify where it happened?
 

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Florist
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For some reason this article reminded on an arrest my partner and I assisted in making when we were all of 2 months out of the academy. It was a little past midnight and we were walking one of the public housing when we hear gunshots coming from inside the lobby. We rushed in the direction to see a guy run out the front door and we grab him. No gun was on him but we later found a BEAUTIFUL 4-inch stainless steel S&W L frame. The victim was shot twice and two rounds from the gun were fired. Ballistics matched this gun to the victim. This arrested person's fingerprnts were found on the gun. The shot victim was alive. No other witnesses came forward but the shot victim insisted from the first second he didn't know who shot him.

Word on the street was these two young men were business rivals.

Fast forward and the DA knows he has a shaky case but takes it to trial. Shot victim still says he doesn't know who shot him. Shooter found "not guilty" by the jury. Two months later the shooter is found dead by gunshot. This shooting a witness came forward and identified (guess who) as the shooter.

There was a sense of perverse satisfaction in seeing a job done right.
 

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With the exception of my last quarter of day watch in a housing unit, in my other positions I don't see quite as much in that regard, (witness intimidation and such). In the past when it was a high/max custody facility there was a bit more. We have it, but just not as much. More of the ones that we have currently just want to lay down, do their programming and such like and go home at the end of their commitment.
 

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Yeah well... it's all part of the game... your wits and vics will turn on you at the last minute and your case goes to crap in front of your eyes in court.
 

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This happens all the time. People will give a vague description so that they can go take care of it themselves later. Or they will tell you in the heat of the moment who did it and then recant later on in court.
 

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http://www.abajournal.com/weekly/ar...ro&utm_medium=email&utm_campaign=weekly_email

McCloud was accused of leading a gang of teens that pulled a gun and beat a high school student walking home from school. In a vote at the start of their deliberations, nine out of 12 jurors said they didn’t believe the attack even occurred. They voted to acquit after 30 minutes of deliberations, the Plain Dealer says.

Jurors told the newspaper there were no medical records documenting injuries, no testimony of a search for a gun, and no verification the victim had left school early, as he had claimed. They also noted that the alleged victim had identified another youth as an assailant, even though that youth was in school at the time.

The story refers to a nine-month investigation by the Plain Dealer that found Cuyahoga County Prosecutor William Mason had pursued criminal prosecutions against hundreds of people despite having little or no evidence. During that time, judges acquitted 364 defendants midtrial.
Doesn't even sound like the assigned ADA did any investigation on the case, and perhaps there is a systemic problem in that county's DA's Office. To me, it looks like office policy is to hope for a plea and not work up cases, based upon the acquittal record. Sounds like ADAs are walking into court unprepared, because they didn't take the time to call up PD and non-PD witnesses, get evidence, etc. I've seen this happen a few times at my office, and its usually when the assigned doesn't think a hearing is going to go, a case falls through the cracks, gets re-assigned, etc, but for the acquittal rate mentioned in the ABA article, thats systemic, not just one ADA, and not just witnesses in this one gang related case not wanting to testify.
 

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The OP wants discussion, but no thoughts posted to start that.
 

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Florist
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I may be beating a dead horse regarding this particular article but the logic just doesn't flow.

There is an assault victim (???).

Or according to 9 of the 12 jurors, there never was an assault. Or maybe there was a victim, but he was never really assaulted because there are no medical records to support this and no gun was every found.

Anyway, the jurors believed some (and rejected other parts) of the victim's testimony.

McCloud was accused of leading a gang of teens that pulled a gun and beat a high school student walking home from school. In a vote at the start of their deliberations, nine out of 12 jurors said they didn’t believe the attack even occurred. They voted to acquit after 30 minutes of deliberations, the Plain Dealer says.

Jurors told the newspaper there were no medical records documenting injuries, no testimony of a search for a gun, and no verification the victim had left school early, as he had claimed. They also noted that the alleged victim had identified another youth as an assailant, even though that youth was in school at the time.
If the original news article is accurate, then the ADA did a terrible job weaving the case together.
 

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Florist
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Doesn't even sound like the assigned ADA did any investigation on the case, and perhaps there is a systemic problem in that county's DA's Office. To me, it looks like office policy is to hope for a plea and not work up cases, based upon the acquittal record. Sounds like ADAs are walking into court unprepared, because they didn't take the time to call up PD and non-PD witnesses, get evidence, etc. I've seen this happen a few times at my office, and its usually when the assigned doesn't think a hearing is going to go, a case falls through the cracks, gets re-assigned, etc, but for the acquittal rate mentioned in the ABA article, thats systemic, not just one ADA, and not just witnesses in this one gang related case not wanting to testify.
There does seem to be a problem there.
 
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