Category Archives: Law

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Man, that Larry Krasner and his office are really stupid!

This site has previously noted the charges against former Philadelphia Police Officer Mark Dial. Officer Dial shot and killed criminal Eddie Irizarry when he believed that Mr Irizarry was reaching for a weapon.

The city’s George Soros-sponsored, police-hating and criminal-loving District Attorney charged Officer Dial with “first-degree murder, voluntary manslaughter, aggravated assault, and related offenses,” though, as you can see from Pennsylvania Title 18 §2502 above, first-degree murder was never an appropriate charge.

An at least reasonable case could be made for charging PA Title 18 §2503 Voluntary Manslaughter, a first degree felony, but there’s a high bar for the prosecution to surmount.

  • 18 §2503(b) Unreasonable belief killing justifiable. — A person who intentionally or knowingly kills an individual commits voluntary manslaughter if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 of this title (relating to general principles of justification), but his belief is unreasonable.

Mr Krasner would have to prove that Officer Dial had an “unreasonable” belief that he was justified in shooting Mr Irizarry. Mr Irizarry had been driving erratically, and when he finally pulled over, he kept the car window up, was non-compliant, and raised his hand while holding a knife.

A Philadelphia judge dismissed all charges against Officer Dial, ruling that the prosecution had not presented evidence that a crime has been committed, so naturally the Usual Suspects decided that a riot was in order. Naturally, Mr Krasner refiled the charges, including first degree murder, and Mr Dial was rearrested, and denied bail.

Now, after nearly a year in prison, without having been convicted of anything, the former Officer is once again free on bail.

Mark Dial was released on bail after the Philly DA’s office dropped his first-degree murder charge

Dial had been in custody since last fall after he was charged with fatally shooting Eddie Irizarry in a traffic stop in Kensington.

by Chris Palmer, Ellie Rushing, and Rodrigo Torrejón | Thursday, August 9, 2024 | 10:50 AM EDT

The District Attorney’s Office has withdrawn a charge of first-degree murder against former police officer Mark Dial, a decision that prosecutors were effectively forced to make by a judge after failing to tell Dial’s attorneys about a key piece of evidence they intend to use against him at trial.

The decision, made Thursday, allowed Dial to be released from jail on bail to await a new trial date, now with a lead charge of third-degree murder. His case — which had been scheduled to begin in September — will now go before a jury in May 2025.

Dial’s bail was set at $200,000, and he paid the required 10% to secure his release shortly after noon Thursday, court records show.

The development served as the latest twist in the high-profile case, one that has taken an unusually circuitous path through the courts. Dial is accused of fatally shooting Eddie Irizarry during a traffic stop in Kensington last year, and his prosecution has now been tossed out, reinstated, and downgraded over the last 11 months.

Just what kind of ineptitude infests the District Attorney’s Office that they first made a mistake which got the charges dismissed, and now, if the first paragraph in the Inquirer’s story is accurate, they f(ornicated) up again. “(A)n unusually circuitous path”? That’s a polite way of saying that the DAO has been completely inept.

What was this whole charade other than an effort by Mr Krasner to punish Mr Dial pre-emptively, in case he couldn’t actually win a conviction?

Prosecutors months ago had hired an expert to prepare a report on whether Dial violated Pennsylvania’s use-of-force law for police when he shot Irizarry, a question that goes to the heart of the case and will determine whether Dial should be convicted. But prosecutors told Dial’s attorneys about the expert’s report only this week — something Dial’s lawyers said was unreasonable, and didn’t give them enough time to prepare a rebuttal.

Common Pleas Court Judge Glenn B. Bronson agreed, and said he did not want to delay the case and keep Dial incarcerated for months over an issue that prosecutors had effectively created.

“Why didn’t you tell them you were hiring an expert?” he said in court this week, later adding: “You sat on this for 10, 11 months.”

Judge Bronson offered the compromise, to reduce the top charge to third degree murder, which made Mr Dial eligible for bail. Prosecutors then urged the judge to restrict Mr Dial to house arrest, to punish him further, but the defense noted, to the judge’s satisfaction, that Mr Dial did not pose a flight risk.

All of the charges should be dropped, and Mr Dial compensated for the time he spent behind bars unjustly, and that compensation should come from Mr Krasner’s personal wealth.

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A post of mine that will piss off a lot of people

My good friend Chaya Raichik — OK, OK, she has no idea who I am, bit I follow her on Twitter, posted:

Ryan Evans was charged with assault to r*pe a child in 2021. He was let free and sentenced to house arrest, awaiting trial. 3 months ago a judge loosened his curfew.

Now he was arrested again for luring a 5-year-old child behind a restroom and attempting to r*pe him.

Why does our justice system let violent child pr*dat*rs back onto the street to continue t*rr*rizing communities?

Naturally, the responses to Miss Raichik were almost uniformly supportive, but mine was different, and I would imagine it will be unpopular. The Eighth Amendment to the Constitution specified that the accused have a right to a reasonable bail amount, meaning a bail that they can reasonably make, while the Sixth Amendment guarantees the right to a speedy trial.

Mr Evans was charged with horribly serious crimes, crimes which, to me, merit life in prison without the possibility of parole if he is convicted, but that’s the point: he has not actually been convicted of anything yet. The judge in his previous case granted him bail, which he made, but put him on house arrest, complete with the requirement to wear a GPS ankle monitor. I can see the merit in that, but Mr Evena has been awaiting trial for three years now. Continue reading →

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What about the right to a speedy trial?

George Aldridge, photo by Fayette County Detention Center, and is a public record.

On August 28, 2023, we noted the case of George Wayne Aldridge, previously accused of three sexual assaults in Lexington then being charged in a cold case from Louisville as well. Our August story concerned his bail reduction from $150,000 to $50,000.

The Eighth Amendment to the Constitution specifies that “Excessive bail shall not be required, but Mr Aldridge was unable to make the reduced bail amount, either. And that brings us to the present. From the Lexington Herald-Leader:

Lexington survivor terrified, ‘disgusted’ that alleged ‘serial rapist’ could be released

Continue reading →

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This is what happens when prosecutors give out sweetheart plea deals!

Is there anyone more valuable to the exposure of the truth than Chaya Raichik, the creator of Libs of TikTok? This is the kind of story that the credentialed media usually cover up, but Libs of TikTok publicized it:

Elementary school principal arrested for aggravated child abuse, false imprisonment

by Ryan Wyatt Turbeville | Monday, May 13, 2024

OCALA, Fla. (WCJB) – The principal of Destiny Leadership Academy, an elementary school in Ocala, was arrested after Marion County Sheriff’s Office deputies say he trapped a student in a classroom and abused the child.

Dontay Akeem Prophet, 33, was arrested on charges of aggravated child abuse and false imprisonment of a victim under the age of 13. On Friday, a deputy responded to a call about a fight between a student and Prophet at the school.

Sheriff’s deputies reviewed surveillance video they say shows Prophet preventing a boy from leaving a classroom. He grabbed the student and put him in a chokehold on the ground.

Prophet used a charging cable to strike the child, causing him to fall. He also twisted the boy’s ankle, slapped his face, and committed other abuse.

Continue reading →

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We all have #FreedomOfSpeech, but that does not come with freedom from consequences The anti-Semitic, pro-Hamas protesters are finding out that some people have listened to them, and don't like what they've said

I spotted this on my feed this morning, and the different reactions are humorous.

Conservative judges say they will boycott Columbia University students

The judges accused Columbia of becoming “ground zero for the explosion of student disruptions, anti-semitism, and hatred for diverse viewpoints on campuses.”

By Tobi Raji | Tuesday, May 7, 2024 | 6:42 PM EDT

More than a dozen conservative federal judges are threatening to not hire law clerks who attend Columbia University or its law school starting this fall — an attempt to show the judges’ displeasure over the institution’s handling of pro-Palestinian protests.

Continue reading →

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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’

Continue reading →

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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.