Idiot/Activist Judge = Injustice

[The GECCO]

Article HERE.

Synopsis:

• New Jersey has draconian gun laws, possession generally forbidden outside of your home
  
  • One exception is guns can be transported if unloaded and in a locked case
  
  
• Guy lives in New Jersey and is moving
• Is stopped and arrested for having two guns (unloaded, in a locked case, in the trunk)
• At trial, judge refuses to instruct the jury about the exception to the law
• Conviction and 7 year sentence

[madvlad]

That's ridiculous, when not even our law makers follow the law, what kind of example and hope does that give us?... I hope they can prove this wrong.

[Sarge]

I just have to ask, who was this "concerned person" who ratted his a** out?

[PhL0aTeR]

Unfortunately for Aitken—who refused to accept a plea bargain because he believed he had done nothing wrong—the judge in the case refused to instruct the jury about the exceptions, despite repeated requests from Aitken’s attorney and even from the jury itself. Lacking that information, the jury convicted Aitken and he received a harsh prison sentence.

im no attorney, but isnt providing the facts the attorneys job?

[TFOGGuys]

The illegal jury instructions are definitely grounds for an appeal. Failure to provide that information to the jury (even after they requested the text of the law) should have been grounds for a mistrial at best. This is yet another reason we ought to give New York and New Jersey to the Chinese as partial payment on our debt.

[Scored51]

So in every trial there is a puppet master (aka the judge) influencing the decision making process of the boobs (aka jury) whether intentional, malicious, or accidental. Even if the appeal overturns the original ruling, will there be any censure or punishment for the judge? By the Reporter's opinion, the Judge obviously reacted with prejudice when sentencing Mr. Aitken for refusing a plea agreement.

I wonder if the comments Brian Aitken will be making about his personal life now will be any worse than the ones that got him into this situation?

Here's a link to the FoxNews report (a little more detail): http://www.foxnews.com/us/2010/12/02...s-experts-say/

BTW, it was his Mother that made the call to police. Thanks, Mom!

[TFOGGuys]

So in every trial there is a puppet master (aka the judge) influencing the decision making process of the boobs (aka jury) whether intentional, malicious, or accidental. Even if the appeal overturns the original ruling, will there be any censure or punishment for the judge? By the Reporter's opinion, the Judge obviously reacted with prejudice when sentencing Mr. Aitken for refusing a plea agreement.

I wonder if the comments Brian Aitken will be making about his personal life now will be any worse than the ones that got him into this situation?

Here's a link to the FoxNews report (a little more detail): http://www.foxnews.com/us/2010/12/02...s-experts-say/

BTW, it was his Mother that made the call to police. Thanks, Mom!

I wish reporters would get their facts straight....NO PERMIT IS REQUIRED TO CARRY IN YOUR CAR IN COLORADO....

Regardless, New jersey would be a fine place to test new weapons systems....

[CaneZach]

the good news is the guy will more than likely get an appeal, which should overturn the judge's decision and either have the charges dropped or grant him a new trial. What I find particularly odd is the police should've known about the exception, but they still charged him. The DA should've known about the exception, but they still proceeded with the case. The judge should've known about the exception, but didn't tell the jury.

Call me crazy, but there's more to this case than we've been told.

Edit: After reading the Fox news report, the defense lawyer is to blame, in my opinion. They didn't establish the fact the defendant was moving? The man's sole defense is he was moving, but his attorney doesn't establish that in court??? This isn't the police officers' fault, the DA's fault, or the judge's fault.

On a side note, I understand State's rights, but if there was a consistent law about how to possess and transport a firearm, this would have never been an issue. Frankly, I like Colorado's law. Your vehicle is an extension of your home and you may carry a firearm anywhere you wish inside the vehicle.

[Sarge]

Vermont's law is better, you can carry anywhere on your person, and you don't have to have a permit.

[The GECCO]

Vermont's law is better, you can carry anywhere on your person, and you don't have to have a permit.

Wait....doesn't that make it the most dangerous place in the country? Gun violence must be RAMPANT!! The O.K. Corral everyday! Random shootings for cutting in line! Dogs liking cats! Cats liking mice! Complete societal breakdown!

According to the gun control advocates that must be what's happening in Vermont...I wonder why the media doesn't report on such tragedy?

[TFOGGuys]

Vermont's law is better, you can carry anywhere on your person, and you don't have to have a permit.

I like the Arizona/Alaska model better, no permit required, but they'll issue you one so that you can exercise reciprocity in states that do require one. In AZ, a permit also allows you to carry in some places that would otherwise be off limits.

[Scored51]

the good news is the guy will more than likely get an appeal, which should overturn the judge's decision and either have the charges dropped or grant him a new trial. What I find particularly odd is the police should've known about the exception, but they still charged him. The DA should've known about the exception, but they still proceeded with the case. The judge should've known about the exception, but didn't tell the jury.

Call me crazy, but there's more to this case than we've been told.

Edit: After reading the Fox news report, the defense lawyer is to blame, in my opinion. They didn't establish the fact the defendant was moving? The man's sole defense is he was moving, but his attorney doesn't establish that in court??? This isn't the police officers' fault, the DA's fault, or the judge's fault.

On a side note, I understand State's rights, but if there was a consistent law about how to possess and transport a firearm, this would have never been an issue. Frankly, I like Colorado's law. Your vehicle is an extension of your home and you may carry a firearm anywhere you wish inside the vehicle.

After Googling the story, there are a lot more details available and it obvious the devil is in the details of how and when the info came to light. Regardless of his tranport mode, he was found in posession of high capacity magazines and hollow point ammunition. These are illegal to posess in Jersey, period. I don't think this justifies the outcome, but what I can't figure out is what the appeal has to do with a cop repeatedly sticking his penis into the mouth of calves. Then again, I don't worked in the legal industry.

http://www.philly.com/dailynews/local/111025129.html

[TFOGGuys]

After Googling the story, there are a lot more details available and it obvious the devil is in the details of how and when the info came to light. Regardless of his tranport mode, he was found in posession of high capacity magazines and hollow point ammunition. These are illegal to posess in Jersey, period. I don't think this justifies the outcome, but what I can't figure out is what the appeal has to do with a cop repeatedly sticking his penis into the mouth of calves. Then again, I don't worked in the legal industry.

http://www.philly.com/dailynews/local/111025129.html

Refer to previous comments concerning Joisey....

[Scored51]

Refer to previous comments concerning Joisey....

I've recently added it to the list of reason why I left, haven't been back, and don't plan on going back. They say it's the most dense state in the nation due to population. Watch five seconds of any Jersey Shore episode and it will have you saying, "No Duh!"

[CaneZach]

After Googling the story, there are a lot more details available and it obvious the devil is in the details of how and when the info came to light. Regardless of his tranport mode, he was found in posession of high capacity magazines and hollow point ammunition. These are illegal to posess in Jersey, period. I don't think this justifies the outcome, but what I can't figure out is what the appeal has to do with a cop repeatedly sticking his penis into the mouth of calves. Then again, I don't worked in the legal industry.

http://www.philly.com/dailynews/local/111025129.html

Agreed. Sounds like the defense attorney tried to raise the "in the process of moving" issue during closing statements. If so, that's the idiocy of the defense attorney shining through. I didn't know hi-cap mags and hollow-points were illegal in Jersey, but if I ever planned on living or visiting there, I'd familiarize myself with the laws.

As far as the whole molestation of a calf, I'm speechless. Who does this???

[Sarge]

The "high capacity" magazines and hollow points are irrelevant. It's not he went out of his way to get them. Take California, for example, no Handguns with larger than 10 RD magazines. Now, how many of you with handguns have larger than 10 RD magazines that CAME WITH THE WEAPON? And when you bought said handguns from the dealer, did they offer or did you purchase hollow-point rounds, off the shelf?

The above is all true for me, I did this in Nevada and Colorado, and all of my weapons are legal in Nevada and Colorado, but in California I would be facing a similar situation.

It's almost like the whole Smog BS in California. But at least they give you a chance to bring your vehicle up to standard and let you know that you have to meet more stringent requirements, but they don't throw you in prison.

My point is, who would reasonably stop to think that "Hey, I bought this off the shelf, as is, no questions asked, no big deal. I wonder if maybe this is an illegal item, who's possession is grounds for a Felony arrest?" He called ahead to check the gun laws, and it seems the issue of magazine size never came up, to him or the officer. But really, why would it, unless either one of them had dealt with something like that before.

[Scored51]

Agreed. Sounds like the defense attorney tried to raise the "in the process of moving" issue during closing statements. If so, that's the idiocy of the defense attorney shining through. I didn't know hi-cap mags and hollow-points were illegal in Jersey, but if I ever planned on living or visiting there, I'd familiarize myself with the laws.

As far as the whole molestation of a calf, I'm speechless. Who does this???

Oh, that's just what a Moorestown, NJ cop does for fun. I guess he thought the bovines were better looking than "Snookie".

"...a 2009 case in which he [the same judge] dismissed animal-cruelty charges against a Moorestown cop accused of sticking his penis into the mouths of five calves."

[Scored51]

The "high capacity" magazines and hollow points are irrelevant. It's not he went out of his way to get them. Take California, for example, no Handguns with larger than 10 RD magazines. Now, how many of you with handguns have larger than 10 RD magazines that CAME WITH THE WEAPON? And when you bought said handguns from the dealer, did they offer or did you purchase hollow-point rounds, off the shelf?

The above is all true for me, I did this in Nevada and Colorado, and all of my weapons are legal in Nevada and Colorado, but in California I would be facing a similar situation.

It's almost like the whole Smog BS in California. But at least they give you a chance to bring your vehicle up to standard and let you know that you have to meet more stringent requirements, but they don't throw you in prison.

My point is, who would reasonably stop to think that "Hey, I bought this off the shelf, as is, no questions asked, no big deal. I wonder if maybe this is an illegal item, who's possession is grounds for a Felony arrest?" He called ahead to check the gun laws, and it seems the issue of magazine size never came up, to him or the officer. But really, why would it, unless either one of them had dealt with something like that before.

This is the main issue with not having federal based mandates, and is even true within some state's guidelines. Therefore, what is legal in one state, is not legal in the next. Municipalities also create their own gun laws all the time even though they are supposed to be trumped by state law. Depending upon caliber and magazine size, any AR-15, HK91, etc is considered illegal in Denver when state law says assault rifles are perfectly legal.

When dealing with any government agency, you will be given an answer to your question. However, the agency will never adequately inform you on everything you need to know on the subject and the answer will most likely change every time you call to ask.

[The GECCO]

So...it turns out that Vermont isn't such a cauldron of violence after all...

The statistics below are from the Bureau of Justice Statistics and represent an average of the most recent 6 years. I've included Vermont and Colorado as a reference points. I also included Washington DC, even though it's not a "state", since they have FAR AND AWAY the most "gun control" in the country.

Overall homicides:
North Dakota is lowest at 7.9
Vermont is 6th at 20.4
Colorado is 26th at 153.5
DC is 31st at 229.7
California is highest at 1925.5

Overall homicides per 100k of population:
North Dakota is lowest at 1.24
Vermont is 18th at 3.29
Colorado is 19th at 3.34
DC is highest at 39.46 <-- HOLY SHIT! The only other state in the double digits is Louisiana at 10.69!

Percentage of homicides committed with a gun:
Hawaii is lowest at 25.4%
Vermont is 19th at 56.8%
Colorado is 23rd at 59.1%
Louisiana is highest at 77.0%
(DC percentage N/A)

Overall violent crime incidents per 100k:
North Dakota is lowest at 92.95
Vermont is 6th at 117.25
Colorado is 31st at 384.25
DC is highest at 1414.2 <-- the only state over 1000

Robbery per 100k:
North Dakota is lowest at 7.1
Vermont is 2nd at 12.15
Colorado is 22nd at 82.95
DC is highest at 624.9 <-- second highest, Maryland, is at 243.2

Edit - FWIW, the gun laws in ND are essentially the same as Colorado.

Can we all agree that gun laws have zero effect on crime? If we put that bullshit argument aside maybe we can work on finding and solving the REAL source of the problem?

If not, we can all go back to this -->

[TFOGGuys]

Washington DC, even though it's not a "state"...
REAL source of the problem?

I do believe you have just answered your own question.....

[Jim_Vess]

I guess he thought the bovines were better looking than "Snookie".

Doesn't everyone think that?

[Sarge]

I do believe you have just answered your own question.....

D.C. also has THE HIGHEST rate of HIV/AIDS in the country, by population density.

According to this source, the rate is 3x what is considered an Epidemic, and it's something like 5x the nation average.

http://www.washingtonpost.com/wp-dyn...031402176.html

[Scored51]

Can we all agree that gun laws have zero effect on crime?

Actually, I'd like to disagree. In 1982 the city government of Kennesaw, Georgia unanimously passed a law REQUIRING every head of household to own and maintain a gun. By the end of the following year, crime was down 74%. In another year, an additional 45 percent. Between 1980 and 1996 the population mulitplied by more than 2.5 times its original size. Now we're not talking about big numbers of people, as the population in 1996 was 13,000. However, only three murders were committed after the law went into effect: two with knives ('84 & '87) and only one with a gun (actually outside the pop. growth figures in 1997). Once word gets out the entire town is armed, the criminals look elsewhere for an easier target.

So gun laws can have a very direct affect on crime. It's the polarity of the laws that's the problem pulling us in the wrong direction. BTW, nice job on the figures Glenn! Hope you didn't have to cancel the lapping day because you were bogged down with research.

[Think]

Yet another reason I have absolutely no faith in humanity. This judge just literally ruined this man's life. Seven years have just been stolen from him.