Thursday, October 07, 2004

Defecating in the Jury Pool

OK, NOW I'm Pissed.

Read this: 'Scared I was going to die': Female Hub cop recalls horror of 2002 shooting

The voice on the police radio quivered in terror and was barely intelligible - a lone, hysterical scream rising from somewhere in the concrete canyon of downtown.


Police detain a known drug dealer who was wanted for questioning. A struggle ensues, during which the man breaks free. Unbeknownst to the police the man was in possession of a stolen .45 caliber handgun and ready to use it.

During the chase, the man fires five shots. One shot strikes one of the officers in the arm, knocking her to the ground. The second shot hits her to her midsection and is deflected off her pager. The third shot to strike the officer buries itself in her leg, perilously close to her femoral artery. All of this while her service weapon remained holstered.

The man is arrested and charged with attempted murder of a police officer. Seems like a slam-dunk case, right? Not so fast, this is Liberal La-la Land, remember.

Now read this: Source: 1 juror won't budge to convict cop-shooter

One of the 12 jurors deliberating the fate of a man accused of trying to kill two Boston cops during a shootout in Chinatown in 2002 has dug in his heels in favor of the defendant on at least one of the charges, according to people close to the case.


And this: Cop-shooting jury to judge: `We have reached an impasse'

The jury charged with deciding whether a former UPS shipper was trying to murder two Boston cops when he shot one of them three times before turning the gun on her partner is deadlocked after three days behind closed doors.


And this: Mistrial declared in officer's shooting

BOSTON - A mistrial was declared Wednesday when a jury failed to reach a verdict in the trial of a man accused of shooting a Boston Police officer.


Are you pissed off yet?

Try this one: Stubborn juror in cop-shot mistrial: Why I held out

A maverick juror, whose refusal to betray his heart caused the case of an admitted cop-shooter to derail in a mistrial, simply doesn't believe James Gaines is a killer.

"It all came down to the `intent,'" said the holdout juror, a Boston man who the Herald agreed not to identify. "I don't believe he intended to kill (the officers)."


Hey, buddy, screw you and your bleeding heart! Who let this asswipe sit on the jury? Didn't INTEND to kill the officer? Like hell he didn't. It's not like this dirtbag took a swing at her. He shot her THREE times with a .45 caliber handgun. There's only one reason to do that to another person - to end that person's life as quickly as possible.

Don't worry, it gets worse.

"How do we know (Gaines) shot that weapon?" the juror said.


Um...

Gaines' lawyer, Jon Taylor, has not disputed his client fired the shots that wounded Flores and threatened Williamson.


Gee, the guy's lawyer doesn't dispute that claim, but why let these annoying technicalities like evidence and courtroom testimony interfere with your bleeding-heart agenda?

But wait. There's more.

Although the holdout was prepared to find Gaines guilty of assaulting officers Zenaida Flores, 31, and Carlton Williamson, 41, with a loaded .45-caliber firearm stolen from a South Shore gun collector, not a single verdict was returned on the seven indictments Gaines faced.

"Everth," a juror from East Boston, explained that was because the "stubborn and insulting" holdout tried to broker a deal whereby he would declare Gaines guilty of attempted murder if his 11 peers found him not guilty of assault and weapon charges.


Broker a deal? Sweet smoking Jesus! Who is this guy, Monty Hall? Now he's a juror AND District Attorney? Un-friggin-believable. Someone's been watching too much Law and Order. I don't know how the other 11 jurors refrained from kicking this jackass square in the nuts. Political activism from our judges is bad enough, now this shit's floating around in the jury pool.

UPDATE: The Boston Globe has this story identifying the aforementioned Captain Numbnuts as Frank Shand, a 59-year-old unemployed roofer from the slightly-left-of-Chomsky Boston neighborhood of Jamaica Plain.

The rationale behind his refusal to convict Mr. Gaines on the charge of attempted murder?

There was no way I could have found him guilty," Shand said in a phone interview last night. "How can you agree there was intent to murder, if he shot her in the leg? If he was standing over her, as prosecutors said, why would he shoot her in the leg?


So, on one hand, he discredited the testimony of the two police officers involved in the shooting, claiming their memories may have been clouded by stress. Yet, he then goes on to claim the assailant's judgment was in no way adversely affected by this stressful situation, and remained calm enough during the altercation to shoot the officer in the leg, so as to not kill her. In his fantasy world, highly trained police officers can't handle this kind of stress, but violent, drug dealing felons are the epitome of grace under pressure.

My guess was the gun went off accidentally.


Your guess? Did the judge instruct the jury to take their best guess as to what happened that night? According to Lt. Colombo here, the gun was accidentally aimed at the fallen officer, and then the gun fairy pulled the trigger, causing the gun to seemingly go off all by itself!

So which is it now? Did he purposely shoot the officer in the leg, in a deliberate, rationally thought-out attempt to spare her life? Or did the stress of the situation, combined with his reckless behavior, cause him to accidentally fire his weapon at the defenseless police officer?