Category Archives: Law

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Crazy people are dangerous

London’s Daily Mail is a sensationalist tabloid, to be sure, but as I pointed out here, the Daily Mail was the only credentialed media source that I found which exposed the fact that the Pennbrook Middle School assailant was transgender, a boy claiming to be a girl. I’ve still seen no major credentialed media sources stating that, but I’ve also seen no credentialed media sources publishing anything which have claimed that the reports that ‘Melanie,’ the (alleged) Pennbrook assailant, is ‘transgender’ are false.

And now there’s this:

Middle schoolers study in FEAR after being forced back to class with ‘troubled’ trans kid who named 45 on ‘hit list’: Boston parent says ‘they know the school is not protecting them’

Scared parent blows whistle on woke teachers who put trans rights over safety

School officials ‘treated a troubled young person as some kind of cultural token’

READ MORE: Leaked emails show how a woke teachers bungled ‘hit list’ threat

By James Reinl | Thursday, April 25, 2024 | 11:38 AM EDT | Updated: 3:20 PM EDT

A whistleblower has come forward about the terror at a Massachusetts school after woke teachers let a troubled trans kid return to class after naming 45 fellow students on a menacing ‘hit list.’

The parent of a child at Watertown Middle School, in the west Boston suburbs, told DailyMail.com that students now fear for their lives, worried each day that they’ll be going home in a body bag.

Worse still, says the scared parent, school officials have silenced criticism of the trans 7th grader. Parents say they cannot talk about school safety without being accused of transphobic wrong-think.

‘The kid with a 40+ person hit list, who has faced minimal consequences and been favored at every turn, obviously has a lot of anger — and who knows what they will do,’ said the parent, on condition their name was not used.

The Toronto Sun reported:

School officials in Massachusetts reacted to a transgender student’s “hit list” of more than 40 classmates and staff by creating an LGBTQ+ affinity group and anti-bias training.

Fox affiliate WFXT in Boston reported in January that a school staff member discovered a “potentially concerning list” compiled by a student at Watertown Middle School.

At a school forum, Superintendent Deanne Galdston, who arranged for the reentry of the student, allegedly criticizes parents for “student shaming.” From Libs of TikTok.

“Following an investigation and in consultation with our school resource officer and the Watertown Police Department, it was determined that at no point was there a credible threat to anyone’s safety,” Watertown Public Schools Supt. Dede Galdston wrote in a statement to the station. “We are grateful to our staff for quickly assessing this situation.”

However, according to the correspondence obtained by PDE, parents had concerns about the “hit list” and were alarmed by the school district’s response to the apparent threat.

It also appears the school administrators didn’t want to disclose the gender identity of the student.

Following the meeting with the affected families, a school committee member said that “last night was incredibly painful and hard for many members of our community for a diverse set of reasons.”

Lily Rayman-Read suggested that an affinity group for “LGBTQIA+ families/community members” should be created so there would be “empathy for the creator” of the list.

“I think it would be helpful to provide that space for both students, staff and families as the kids are really not OK right now — both those on the list, and those who hold empathy for the creator (and those who have friends across all spectrums),” Rayman-Read said.

The principal’s response appeared to confirm the transgender identity of the student.

“I just spoke with our GSA (Genders and Sexualities Alliances) adviser, who is planning to support students around anti-trans and other biased behaviour. As we make our plan today, that will be included as some next steps.”

Casey Ryan, a researcher for PDE, called the actions of school officials “irresponsible” and “alarming” for not revealing the student’s gender.

Massachusetts state law might have made it difficult for school officials to respond in any other matter. Remember: Massachusetts sided with the ‘transgender’ athletes in the past, even after another male claiming to be a girl injured two female competitors in a basketball game:

The Massachusetts Interscholastic Athletic Association handbook states that a student “shall not be excluded from participation on a gender-specific sports team that is consistent with the student’s bona fide gender identity.”

The MIAA defers to the student and their school when it comes to specific gender classification; according to the handbook, a student’s eligibility to participate on a gender-specific sports team is based on either the gender listed on their birth certificate or their “bona fide gender identity.”

So, who knows? Perhaps the Watertown Middle School program will make everything sweetness and light, and the ‘transgender’ student will complete his[1]As noted in our Stylebook, in English, properly understood, the masculine subsumes the feminine. This means that, in cases in which the sex of the person to whom a pronoun refers is unknown, the … Continue reading time without any incidents. But I have yet to see where ‘hope’ is legally considered to be a viable safety program, and it seems that the Watertown schools are hoping that ‘educating’ middle school students that they shouldn’t mock or ostracize a ‘transgender’ student will actually work. Realistically, who can be more cruel than middle school students?

To me, the obvious question is: if this ‘transgender’ student acts on his so-called ‘hit list,’ and actually injures of even kills someone, who will be held responsible? Obviously the ‘transgender’ student himself, but what about the school administrators and teachers? We can easily see that a student who had a written ‘hit list’ of other kids would have been treated as a real threat if ‘transgenderism’ or possible homosexual orientation were not part of the mix, and the student removed from the regular schools. And we all know what happened when the Broward County schools chose not to refer Nikolas Cruz to law enforcement after he assaulted another student in school.

If a normal student somehow attacks the ‘transgender’ student, we all know what will happen: the assailant will be prosecuted, quite possibly with a ‘hate crime’ enhancement. But if the ‘transgender’ student attacks a normal person, it will probably be treated with kid gloves, and it shouldn’t be. If that does happen, I would hope that the injured student and his family would sue the school, the school district, and every teacher and administrator involved individually, sue them all into penury.

It’s really quite simple: crazy people are dangerous, and if someone is ‘transgendered,’ he is crazy.

References

References
↑1 As noted in our Stylebook, in English, properly understood, the masculine subsumes the feminine. This means that, in cases in which the sex of the person to whom a pronoun refers is unknown, the masculine is properly used, and does not indicate that that person is male, nor is it biased in favor of such an assumption.
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A junior judge takes a stupid decision

Just in case I couldn’t thing of a good subject on which to write today, my good friend Robert Stacy McCain gave me some direction!

Judge dismisses gun charge against convicted felon; ruled as unconstitutional

by Natalia Martinez | The Ides of March, 2024 | 11:47 AM EDT

LOUISVILLE, Ky. (WAVE) – Prohibiting a convicted felon from possessing a gun is unconstitutional, according to a Jefferson County Circuit Court Judge’s ruling.

Judge Melissa Logan Bellows filed the order this week, dismissing the possession charge against a convicted felon and persistent felony offender, Jecory Frazier.

The motion to dismiss was filed by Louisville Attorney Rob Eggert in October on behalf of his client. Eggert claimed the state’s law does not trump the Second Amendment. Bellows agreed, making the first ruling of its kind in Jefferson County.

Trisha Lister, an attorney at Eggert’s office, wrote the motion.

She believes Bellows’ opinion was well-written.

She told WAVE News Troubleshooters the Second Amendment does not single out convicted felons. She said the charge has been not been equally enforced and is used as a way to keep people of color from having guns. Lister stated over 70% of those prosecuted on that standalone charge are minorities.

And there we have it: the attorneys for the defendant were concerned that “over 70% of those prosecuted on that standalone charge are minorities,” so naturally, the lawyers assumed that such a statistic was generated by racism rather than the possibility that “over 70% of those prosecuted on that standalone charge are minorities” because over 70% of the violations of KRS §527.040 were committed by minorities. That statistic is not addressed in Judge Bellows decision.

The .pdf file of Judge Bellows decision is here, and it is fairly brief, only eight pages.

The Judge based her ruling on District of Columbia v. Heller, 554 U.S. 570 (2008), which established that the Second Amendment’s guarantee of the right to keep and bear arms is an individual right, not one restricted to the militia, and New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), which set the standard that restrictions on our Second Amendment rights must have a significant history based on the original understandings of our rights, rather than something novel.

The Court held that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct” and the Government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation.

The Judge then launches into an argument I find strained:

In Heller, the Court stated that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons . . .” 554 U.S. at 627. The majority opinion in Bruen makes no mention of Heller’s reference to felon in possession laws. Instead, the admonition appeared in a concurring opinion. 142 S. Ct. 2162 (Kavanaugh, J., concurring).

A curious argument, given that Heller specifically stated that felons could be barred from owning weapons, and Bruen did not overturn that part, because Bruen made no mention of that particular part, the Court must not have meant for it to continue. This alone is a point of contention that I suspect the Commonwealth will appeal.

But, to me, the oddest part of the Judge’s argument is that, other than one sentence in which she noted that the Fourteenth Amendment was ratified in 1868, she ignores it completely. Perhaps the Commonwealth’s Attorney for Jefferson County did not bring it up, even though it is through the Fourteenth Amendment that the Court ‘incorporated’ the individual right to keep and bear arms to the states, in McDonald v. City of Chicago, 561 U.S. 742 (2010). The Fourteenth Amendment specifically states, in part:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Emphasis mine.

It’s simple: the Fourteenth Amendment specifically allows the states to deprive a person of his constitutional rights if due process of law is followed, and the felony convictions of Jacory Frazier were obtained through the due process of law.

Let me state clearly here: I am not an attorney!

So, who is Judge Bellows? She was elected Judge of the Kentucky Circuit Court for Circuit 30, division 7, in 2022, in a non-partisan race, to an eight-year term. People unfamiliar with the Bluegrass State’s judicial system might jump to the conclusion that she was appointed by either Governor Andy Beshear (D-KY) or the evil President Trump, but neither is the case.

Defense Attorneys make all kinds of outlandish arguments to try to get their clients off, and in most cases, those arguments don’t work, even though judges do have to take such arguments seriously. In this case, a junior judge took an outlandish argument very seriously, and actually agreed with it.

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This is what happens when you are soft on crime!

Italian soldiers on guard near the Arch of Constantine, Roma, June 19, 2016. Photo by D R Pico; may be freely used, with attribution.

In response to the huge surge in crime, and the extremely lax prosecution of it by Philadelphia District Attorney Larry Krasner, the Pennsylvania General Assembly passed, and Governor Josh Shapiro, a Democrat, signed into law, Act 40, which created a special prosecutor to investigate and prosecute crimes “occurring within a public transportation authority that serves as the primary provider of public passenger transportation in the county of the first class.” Philadelphia is the only First-Class City/County in the Keystone State.

This was a clear and obvious attempt to bypass Let ’em Loose Larry, whose lenient prosecution has led to outrage, and we continually hear of violent crimes committed in the city by people who could and should have already been in prison, were it not for the George Soros-sponsored, police-hating and softer-than-Charmin-on-crime Mr Krasner.

Act 40 required, in §1786(a), the state Attorney General to appoint said special prosecutor, “Within 30 days of the effective date of this section,” but that appointment has not yet been made, with the 30 day period long having elapsed. And SEPTA, “the primary provider of public passenger transportation” in foul, fetid, fuming, foggy, filthy Philadelphia, has seen an unfortunate surge in violent crime in recent weeks, including two mass shootings as public school students were at SEPTA bus stops for their rides home.

Governor Kathy Hochul (D-NY) was seeing a similar issue in the New York City subway system, and she took the radical action of deploying 750 National Guard troops to the subways to deter crime. From The Wall Street Journal:

Armed Troops on the New York City Subways

Gov. Hochul would do better by firing New York’s progressive DAs and restoring the successful anticrime policies of the 1990s and 2000s.

by The Editorial Board | Saturday, March 9, 2024 | 5:50 PM EST

Here’s a poser to consider for 2025: What if Donald Trump is elected again and decides to send the military to prevent crime or control riots in America’s streets? Wouldn’t half of America lose its collective mind about the supposed threat to democracy?

That’s a rhetorical question, of course, because President Trump did offer to send federal marshals to help cities provide order during the 2020 summer of hate following the unfortunate death-while-resisting-arrest of the methamphetamine-and-fentanyl-addled career criminal George Floyd, and the Democratic mayors of our major cities didn’t want anything to do with that.

Yet that’s essentially what New York Gov. Kathy Hochul did this week in dispatching the state National Guard to patrol New York City’s subways to reduce crime. The Democratic Governor is sending 750 troops and 250 state police officers to guard subway trains and platforms amid a spike in violence and robbery against passengers.

No doubt many New Yorkers will be relieved at the sight, even if it will be somewhat disconcerting to see men in military fatigues on the trains. We know from experience it’s reassuring to see NYPD blue in a subway car when a homeless man is harassing passengers for money or because he’s drugged up.

Ms. Hochul is also calling for judges to have more authority to ban people from the subways if they’ve assaulted commuters or subway workers. She wants to add security cameras, and Mayor Eric Adams said this week he’s asked New York police to expand bag searches on the subways.

Israeli police, near the fourth Station of the Cross, Via Dolorosa, Jerusalem, November 2022, photo by D R Pico, may be freely used, with attribution.

The editorial included a photo of two National Guardsmen, one of whom was holding a semi-automatic rifle, complete with the magazine in place. Rather than use that, I included a photo I took — no copyright problems there! — of armed Italian Carabinieri, outside of the Arch of Constantine, near the Coliseum. We were not somehow unnerved by the sight, but it was an uncomfortable reminder that Italy has seen more than its share of terrorism.

Less pleasant was the vista of three armed Israeli policemen by the fourth Station of the Cross, but Israel has far worse terrorism problems than anyplace else. As a civilized people, we don’t like the thought that there are uncivilized barbarians out there, barbarians who think nothing of theft, violence, and murder. The George Soros-sponsored far-left prosecutors, like Manhattan’s Alvin Bragg and Mr Krasner, are simply too stupid to recognize that there really are barbarians out there, and there are hard-left liberals like the late Jen Angel of Oakland who think that all the barbarians need is some love and hugs.

Back to the Journal:

This is progress after the denial that has prevailed for years among the city’s ruling Democrats. Former Mayor Bill de Blasio and progressives started the downhill slide when they waged political war on cops, on stop and frisk policing, and on the enforcement of offenses against civilized norms.

Yet sending in the military to protect mass transit is also in some sense a sign of societal and political surrender. It means that New York has concluded that it can’t protect its citizens with a normal police presence, or with the laws against vagrancy that once prevailed, or with prosecutors who used to put people in jail for crimes against public order. So send in the guys with assault rifles.

Governor Shapiro has stated that he has no intention of sending the National Guard to help defend SEPTA, so that’s not an issue in Philly yet. But New York City did show the way, in the 1990s, with Mayor Rudy Giuliani and a no-nonsense, “broken windows” policing program. The NYPD arrested, and the prosecutors charged, the wannabe goons who were just starting out in their lives of crime, meting out strict punishment for the little stuff with the idea that strict punishment for the ‘little’ stuff would educate the prospective criminals that crime does not pay.

And, even those wannabes who were too stupid to learn were off the streets, and no danger to the public. Then, when they went back on the streets, if they resumed breaking the laws, they already had criminal records, which meant longer sentences for subsequent crimes.

Governor Hochul took an action which, let’s be plain about this, reeks of desperation. She simply had to Do Something, because the criminal class and their families, along with the untouched liberals in Central Park West, are so f(ornicating) stupid to understand that treating criminals leniently simply leads to more criminals.

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When The Philadelphia Inquirer tells us more than was perhaps intended Why does DA Larry Krasner oppose a special prosecutor for crimes on SEPTA when his office can't handle the cases it has?

As is the case with many newspapers, The Philadelphia Inquirer likes to use on-hand, stock photos to illustrate some of their online stories. This one greatly amused me.

Man died after falling on SEPTA tracks, getting electrocuted at City Hall

The man — who has yet to be identified — fell on the tracks before train service began at 4:40 a.m.

by Beatrice Forman | Monday, February 26, 2024 | 7:52 AM EST | Updated: 8:16 AM EST

A man died at SEPTA’s City Hall station after falling onto the tracks early Monday morning, the transportation authority confirmed.

The incident occurred before Broad Street Line service starts at 4:40 a.m. when a man “made contact with the energized third rail” and was electrocuted, said SEPTA spokesperson Andrew Busch.

The man has not been identified, and it is unclear what caused him to fall.

“All we know is that he was by himself,” said Busch. “No one else was there.”

So, no foul play is suspected. Considering how much crime has been reported on SEPTA and at SEPTA train stations, that’s actually a relief, not that a story about anyone being killed is somehow good news.

But, as the newspaper continually touts public transportation, I looked closely at the photo used, and there it was, shown through the open subway car door, a man (?) keeled over in his seat, doing what? Sleeping it off, drunk, keeping warm on a winter night, or just another junkie riding the rails while riding high. The Grateful Dead’s Casey Jones, “Driving that train, high on cocaine,” comes to mind.

A hatchet attack and a shooting at SEPTA stations this weekend continued a spate of high-profile violence

Two suspects are in custody after the separate incidents occurred within hours of each other.

Latest @PhillyPolice booking photo of Kenneth Rogers,28,arrested after police say he attacked man in @SEPTA concourse with hatchet while he had active arrest warrant for attempted murder. Detectives tell me “Hopefully a Philly judge won’t release him on unsecured bail again.”

by Jeremy Roebuck and Ariana Perez-Castells | Saturday, February 24, 2024 | 10:49 PM EST |Updated: Sunday, February 25, 2024 | 10:21 PM EST

Two attacks over the weekend at SEPTA stations in Philadelphia continued a recent spate of high-profile violent crimes that have plagued the transit system.

A 20-year-old was shot on a Broad Street Line northbound subway train that had just left the Hunting Park Station just before 9 p.m. Saturday.

Then, less than five hours later, a hatchet-wielding assailant attacked another rider on the subway concourse near the SEPTA station at 8th and Market Streets, police said.

That incident occurred just before 1:30 a.m. Sunday morning. The victim told officers his attacker had struck him six times with the hatchet and kicked him four times in the face. He suffered cuts to the back of his head and bruising to his face, according to police reports on the attack.

No, of course the Inquirer didn’t publish the (alleged) “hatchet-wielding assailant’s” mugshot; it was up to Fox 29 News’ Steve Keeley to do that!

The distinguished Mr Rogers was arrested and jailed on June 3, 2023, for several charges relating to an assault, including attempted murder and aggravated assault PA 18 §2702(a)(1) with an attempt to cause serious bodily injury with extreme indifference to the value of human life. That is a first-degree felony, which under PA 18 §106 has a maximum sentence of twenty years in the penitentiary. His bail amount was set at $750,000, with a 10% minimum cash bond.

On July 5, 2023, Mr Rogers was ordered held for court. However, on December 15, 2023, he was released on an unsecured $750,000 bond, which means, for all practical purposes, no bail at all.

The Eighth Amendment guarantees a right to reasonable bail for criminal suspects; Mr Rogers had, upon his arrest, been imprisoned for a crime of which he had not been convicted, and spent six months and 12 days behind bars, without being convicted. To release a criminal suspect, without bail, who has a bail which has been set at an amount which he cannot raise, can be argued to be reasonable.

The real problem is that, in the six months and 12 days Mr Rogers was locked up, District Attorney Larry Krasner and the District Attorney’s Office had not brought Mr Rogers to trial. This isn’t even an issue of Mr Krasner and his office having ridiculously lenient policies toward crime, but simply not doing their jobs at all, not bringing a criminal accused of a violent, first-degree felony, to trial quickly enough for him not to be released.

So now, just 72 days after he was released without any bail, Mr Rogers, who is apparently homeless, is once again accused of trying to kill someone.

The Powers That Be in the City of Brotherly Love have been going full speed ahead on promoting public transportation and SEPTA, but the first step is to clean out the junkies and criminals from the buses, trains and train/subway stations, and that can’t be done until Mr Krasner and his minions start doing their jobs!

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Killadelphia: “Justice” in Philadelphia

We have previously noted that The Philadelphia Inquirer wrote major stories on the murder of Samuel Sean Collington, a Temple University student approaching graduation. Mr Collington was a white victim, murdered by Latif Williams, a black 17-year-old, in a botched robbery. On December 2, 2021,the Inquirer published 14 photographs from a vigil for Mr Collington, along with another story about him. This was a big story in the City of Brotherly Love, in part because Mr Collington was an intern with the City Commissioners’ Office and knew the ‘right people’, and in part because it was yet another example of violence and lawlessness around the Temple University campus. When my daughters were considering to where they would go to college, I absolutely vetoed Temple, because I knew the neighborhood.

Well, more than two years after the murder, young Mr Williams has finally been convicted:

Man convicted in 2021 murder of Temple University student Samuel Collington

Latif Williams, 19, of Olney, was found guilty of third-degree murder, possession of an instrument of crime, and illegal possession of a firearm in connection with the killing.

by Nick Valada | Tuesday, February 20, 2024 | 6:06 PM EST | Updated: Wednesday, February 21, 2024 | 1:52 PM EST

Latif Williams, photo by, Philadelphia Police Department, via KYT-TV, Philadelphia.

A Philadelphia man was convicted Tuesday in the 2021 murder of 21-year-old Temple University student Samuel Collington.Latif Williams, 19, of Olney, was found guilty after a one-day bench trial of third-degree murder, possession of an instrument of crime, and illegal possession of a firearm.

A “bench trial” is one in which the defendant is tried by a judge, without a jury; both the prosecution and defendant must agree to that type of trial for it to proceed.

A native of Prospect Park, Delaware County, Collington was a senior at Temple studying political science at the time of his murder. He was shot outside his apartment on the 2200 block of North Park Avenue near Dauphin Street on Nov. 28, 2021, in what police said appeared to be a robbery and carjacking.

Collington was expected to graduate in spring 2022 from Temple’s College of Liberal Arts. At the time of his death, he had recently received a high score on the LSAT, planned to attend law school in the fall, and worked as a democracy fellow in the Office of the Philadelphia City Commissioners.

“The District Attorney’s Office is grateful for the conviction of Latif Williams for this outrageous crime, which not only deeply impacted Mr. Collington’s family and loved ones but affected the entire Temple University community,” District Attorney Larry Krasner said. “I again extend my deepest condolences for the terrible loss of a promising young man.”

The cited article continues to tell readers some details about the case, and the fact that young Mr Williams was under police investigation in connection with several armed robberies in the area and an August 2021 carjacking of an elderly man. Mr Williams will be formally sentenced in May, and is scheduled to be tried for the carjacking on the same day.

Patrick Link, Williams’ attorney, said Tuesday that the third-degree murder conviction for his client was the “appropriate verdict,” as Williams was initially charged with first- and second-degree murder, which would have brought harsher sentences. A first-degree murder conviction calls for a mandatory sentence of life in prison.

Yeah, uh huh, right. What is “third-dgree murder” in Pennsylvania?

Pennsylvania Title 18 §2502. Murder.

  • (a) Murder of the first degree.–A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
  • (b) Murder of the second degree.–A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
  • (c) Murder of the third degree.–All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.

Those are fairly simple definitions. Given that Mr Williams shot and killed Mr Collington while attempting to rob him, his crime would fit the definition of second-degree murder. Though not stated in the definition above, first-degree murder normally requires proof of premeditation, which would seem to rule it out in this case.

So, what are the penalties for murder in the Keystone State?

Pennsylvania Title 18 §1102.1. Sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer.

  • (a) First degree murder.–A person who has been convicted after June 24, 2012, of a murder of the first degree, first degree murder of an unborn child or murder of a law enforcement officer of the first degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:
    • (1) A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 35 years to life.
    • (2) A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of life imprisonment without parole, or a term of imprisonment, the minimum of which shall be at least 25 years to life.
  • (b) Notice.–Reasonable notice to the defendant of the Commonwealth’s intention to seek a sentence of life imprisonment without parole under subsection (a) shall be provided after conviction and before sentencing.
  • (c) Second degree murder.–A person who has been convicted after June 24, 2012, of a murder of the second degree, second degree murder of an unborn child or murder of a law enforcement officer of the second degree and who was under the age of 18 at the time of the commission of the offense shall be sentenced as follows:
    • (1) A person who at the time of the commission of the offense was 15 years of age or older shall be sentenced to a term of imprisonment the minimum of which shall be at least 30 years to life.
    • (2) A person who at the time of the commission of the offense was under 15 years of age shall be sentenced to a term of imprisonment the minimum of which shall be at least 20 years to life.

You will note, however, that there is no specific sentence listed for third-degree murder, which is simply listed as a first-degree felony. That’s indicated below:

Pennsylvania Title 18 §1103. Sentence of imprisonment for felony.

  • Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:
    • (1) In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.

There is, however, no minimum sentence specified, though normally the sentence range is ten-to-twenty years. A second-degree felony in the Keystone State has a maximum sentence of ten years in the state penitentiary.

Lori D. Esq, a former prosecutor, tweeted:

DAO did waiver trial in front of Okeefe who only convicted of 3rd degree murder. But apparently Okeefe always gives 3rd degree discount yet Larry has policy that DAO always agrees to waiver unless a cop is a defendant. What a disgrace.

“Okeefe” is Philadelphia Court of Common Pleas Judge Scott O’Keefe.

So, let’s look at what made Mr Link so happy. Under Title 18 §1102.1(c)(1), a juvenile defendant of Mr Williams’ age at the time of the murder would be sentenced to a minimum of 30 years, up to a life sentence, with the possibility of parole. But with the third-degree murder downgrade, Mr Williams faces no more than 20 years, which would see him released, at the latest, at age 37 — assuming no consecutive sentences are applied, and that Mr Williams receives credit for time served — while Mr Collington will still be stone-cold graveyard dead.

We won’t know Mr Williams’ sentence until May, but at this point I am reminded of a couple of OpEds that the Inquirer published, both of which told readers that teenagers’ brains weren’t fully developed, and that we should treat them leniently, to give them chances to reform. We can’t know if Judge O’Keefe read them or will be influenced by them, but one thing we do know is that justice has not been done here.
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Also posted on American Free News Network. Check out American Free News Network for more well written and well reasoned conservative commentary.

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More proof that The Philadelphia Inquirer and District Attorney Larry Krasner side with the thugs, not the police.

I have frequently referred to the District Attorney of Philadelphia as the “George Soros-sponsored, police-hating and criminal-loving Larry Krasner,” and he goes out of his way to prove me right. He loves to cut real criminals a break, and charge Philadelphia Police officers with crimes whenever he can. The incident was during the riots over the unfortunate death while being arrested of the methamphetamine-and-fentanyl-addled, previously convicted felon George Floyd in Minneapolis, when the Usual Suspects went wild in the City of Brotherly Love.

Ex-Philadelphia police inspector found not guilty of assaulting protester during 2020 racial justice demonstrations

Joseph Bologna was acquitted by a Philadelphia jury on charges of simple assault and possessing an instrument of a crime.

by Jesse Bunch | St Valentine’s Day, February 14, 2024 | 12:37 PM EST | Updated: 6:24 PM EST

Joseph Bologna, the former Philadelphia police inspector accused of assaulting a Temple University student with a baton during the 2020 protests over the killing of George Floyd, was not guilty of assault, a jury determined Wednesday.

The Philadelphia jury found Bologna, 57, not guilty of simple assault and possessing an instrument of crime, reaching the decision in about 30 minutes.

In roughly half an hour, huh? That tells us that the jury, which had to be unanimous, had no hesitation at all, that whatever case he believed he had, Mr Krasner and his minions came nowhere close to convincing the jurors.

Bologna’s defense lawyer Fortunato N. Perri Jr. told the jury during closing arguments that his client’s life had been a “nightmare” during the 3½ years since he was arrested for his actions, which took place during the June 1 melee on the Benjamin Franklin Parkway in Center City.

The Philadelphia Police Department faced heavy scrutiny over its use of force during that summer’s protests over racial injustice and police brutality. That includes Bologna, who was accused by multiple people of using excessive force during demonstrations.

Really? Accused by whom? The police-hating demonstrators themselves?

Of course, The Philadelphia Inquirer went all-in on screaming, “Police brutality,” like a typical villain, caricatured lawyer, or street preacher in a police show like Blue Bloods!

City settles three civil rights suits against former police Inspector Joseph Bologna for $267,500

“It makes you wonder what they were thinking out there,” one attorney said. “It was a police brutality protest, and you respond to it with the sort of thing that’s being protested?”

by William Bender | Friday, December 23, 2022 | 5:00 AM EST

In the spring of 2020, as civil unrest erupted across the country following the murder of George Floyd, video clips that circulated on social media showed how a volatile situation could explode into chaos when Philadelphia Police Inspector Joseph Bologna got involved.

I do not like using photos from the Inquirer, but this article demands it, under Fair Use guidelines. I included it to show the caption that the newspaper used:

Joseph Bologna, then an inspector with the Philadelphia Police Department, repeatedly appeared in videos during the spring of 2020, escalating already volatile confrontations with protesters. Three lawsuits against him were settled this year.

Inflammatory much? Back to the body of the article:

At 10th and Market Streets, for example, a young woman appeared to tap Bologna’s bicycle tire with her foot as they passed each other while crossing the street. Bologna, then the operations commander for the department’s patrol bureau, reacted violently. He threw his bike, lunged at her, and tackled her to the ground.

Also see: Don Surber, “Let newspapers die; They dropped objectivity and with it credibility long ago“

That, in turn, set off a wave of pushing, shoving, and cursing between protesters and police officers.

In other videos, Bologna was seen wielding his collapsible metal baton like a hammer in search of a nail.

Really? Did Mr Krasner or his minions fail to present these videos to the jury trying him, or did that jury not see what reporter William Bender tell readers that they showed?

No responsible editor of a (purportedly) unbiased media source would ever have allowed an article written in that manner to be published, not as news, under which it was listed.

Mr Bologna had the charges against him dismissed by Municipal Court Judge Henry Lewandowski III, in January of 2021, when he ruled that the prosecution had not presented sufficient evidence to establish that Inspector Bologna’s use of his baton against Evan Gorski — captured on video — amounted to a crime.

Mr Krasner’s reaction? He refiled the charges against Mr Bologna the following month, saying, “Philadelphians demand evenhanded justice and we are trying our very best to give them exactly that.” Of course, the DA had dismissed the arresting charges against Mr Gorski, showing you that the District Attorney was not being evenhanded, but a partisan favoring the protesters.

Back to the first article cited:

District Attorney Larry Krasner, when asked about Bologna’s acquittal during an unrelated news conference, said that he had no criticism of the jury’s decision, but that his office was “obviously hoping for a different verdict.”

“I know that the culture in the system, the culture in society, tends to give every benefit of the doubt to law enforcement who are charged with crimes,” Krasner said. “We accept this outcome. I am proud of the fact that our investigations unit worked so hard to try to get justice in ways that my predecessors never even tried.”

In other words, the DA and his minions went after Mr Bologna as hard as they could, including the refiling of dismissed charges, yet they were unable to come up with anything sufficient, in a case which lasted barely a day in the courtroom, to persuade even a single juror to even push deliberations beyond the bare minimum. How could the super-duper legal eagles in the District Attorney’s office not know that they really had no case?

After the trial, Gorski said that although he understood the jury’s decision based off of admissible evidence, he was “ultimately disappointed” with the outcome.

Gorski said he would still like an apology from Bologna, but his expectations are low after he didn’t receive one during his civil lawsuit against the city that settled for $175,000 in 2022.

Not only does Mr Gorski not deserve an apology, he ought to get a hearty, “F(ornicate) you!” from Mr Bologna, and the rest of the Philadelphia Police Department.

“A jury of Joe Bologna’s peers listened intently to the evidence presented at trial and rendered a fair and just verdict,” Roosevelt Poplar, the police union’s president, said in a statement Wednesday afternoon.

Asked whether Bologna would try to get back his job with the Philadelphia Police Department, Perri said his client would “look at all his options.” Later in the day, the FOP confirmed that it would begin the process of getting Bologna reinstated.

“Hopefully, he gets back to work,” Perri said.

The average Chief Inspector salary in Philadelphia, PA is $97,661 as of January 26, 2024, but the salary range typically falls between $81,643 and $116,751. Former Inspector Bologna should receive 3½ years of back pay, and restoration of all pensions and benefits. And he should be restored to his position with the Department.

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In which Corey Jackson tells us that non-white ethnic groups just aren’t equal to white Americans

Assemblyman Corey Jackson, from his official biography page, and is a public document.

California state Assemblyman Corey A Jackson is not someone you would ordinarily think believed that non-white persons simply aren’t equal with whites, but darned if that isn’t exactly what he believed. Elected in 2022 to represent the 60th Assembly District, his main concern seems to be race. He was aghast, appalled, and definitely clutching his pearls when the Supreme Court ruled that yes, discrimination on the basis of race was unconstitutional in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, as well as the 2020 rejection of the Pyrite State’s Proposition 16, by the huge margin of 57.2% to 42.8%, which sought to overturn the 1996 state constitutional amendment which banned discrimination on the basis of race, sex, national origin and ethnicity as a factor in public university admissions and other state programs.

Think about that: in the ‘bluest’ of our blue states, an attempt to reinstate racial preferences, in which the proponents outspent the opposition by roughly 14-to-1, the attempt was defeated by a landslide margin. Continue reading →

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Is justice in Philadelphia a matter of the color of your skin?

We reported, on October 5th, on the charges against Cody Monroe Heron, 26, the (alleged) numbskull who road raged against a delivery driver, who jumped on the trunk of her car, stomped out the rear window, showering kids in the back seat with shattered safety glass. Steve Keeley of Fox 29 News reported that the police-hating, George Soros-sponsored District Attorney, Larry Krasner asked for a whopping $5,000,000 bail to be set for Mr Heron, which certainly seemed excessive for the charges he faced. We pointed out that Mr Heron was a man of relatively modest, working class means, and that a $5,000,000 bail was likely impossible for him to meet.

The judge reduced Mr Krasner’s request, setting Mr Heron’s bail at $2,500,000.

As it turned out, Mr Heron was unable to meet that amount either. We then reported, on October 16th, that Mr Heron’s attorney sought a bail reduction for his client, but that, instead, Common Pleas Court Judge Vincent Furling instead increased his bail amount to $4,000,000. If Mr Heron was unable to make the $2,500,000 bail, raising it to $4,000,000 seemed to me to be an obvious attempt to keep Mr Heron, who is accused of serious crimes, but nevertheless has a clean previous record, locked up before his trial. The evidence against Mr Heron is pretty convincing, but he is, nevertheless, innocent until proven guilty.

And so we come to Michael Henry. Mr Henry has, allegedly, been a not-very-nice young man! Continue reading →

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Killadelphia To me, it's simple: no one who is guilty of murder should ever see the light of day again as a free man.

On Thursday, October 12th, Philadelphia Police Officers Richard Mendez, 50, and Raul Ortiz, 60, were when the officers attempted to stop a gang of goons from attempting to break in and steal a car in a parking garage at the Philadelphia International Airport. Officer Mendez was killed, and Officer Ortiz wounded. The officers returned fire, and one of ths suspects was wounded. Teenager Jesus Herman Madera Duran was wounded, and his accomplices threw him in the back of their Dodge Durango — which was reported stolen a weak earlier — and dumped him on the floor of a parking garage at the Children’s Hospital of Philadelphia, and then fled. Young Mr Duran, of Camden, New Jersey, was pronounced dead at CHOP. Continue reading →