They probably waived their right to appeal as part of the plea deal. That said: If you know anything about the Innocence Project, you'd know that many of the "Coerced Confessions" they claim to have proven as "False" and led to exonerations of the accused didn't occur in an interrogation room. They occurred in a COURTROOM, in the presence of their attorney and a judge.
These defendants might very well have been acquitted, if they'd spent the money to fight the case. Unfortunately, spending the money to fight the case would have cost them a lot more in attorney fees and it's a possibility that they'd have been convicted. If they were, their attorney(s) wouldn't have done the time and been saddled with a felony conviction. That would be the fate of the accused.
"I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."
|wishing we |
Circuit Attorney Kimberly M Gardner is the same prosecutor filing charges against the McCloskeys for defending their home in Saint Louis.
Incredibly her office was charging a previously convicted felon with first-degree murder, and the prosecutor assigned to the case took maternity leave leaving no-one to show up in court.
After three missed court hearings by prosecutors, the judge was forced to drop a murder case because no one other than the defense, a public defender, was showing up in court.
Circuit Judge Jason Sengheiser on Wednesday dismissed first-degree murder, armed criminal action and unlawful gun possession charges against Brandon Campbell, 30, after no one from the Circuit Attorney’s Office showed up for scheduled hearings in May, June and July.
A spokeswoman for Kimberly M. Gardner provided a statement Monday saying “Upon review of our internal policies and procedures regarding family medical leave, we have determined that corrective measures are needed to further prevent any future repeat occurrence of the incident in question."
"we have determined that corrective measures are needed" ya think ?
"In a case like this where the Circuit Attorney's office has essentially abandoned its duty to prosecute those it charges with crimes, the court must impartially enforce the law and any resultant threat to public safety is the responsibility of the Circuit Attorney's Office," the judge said.This message has been edited. Last edited by: sdy,
|Lawyers, Guns |
In the City of St. Louis the prosecutor doesn’t usually file charges.
But when they do... they don’t bother to show up in court and they get dismissed.
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown
"The United States government is the largest criminal enterprise on earth."
|Frangas non Flectes|
These people are unbelievable. I don’t even know what to say.
"It's good for you, because it's got chia seeds and mayonnaise!"
|Green grass and |
Did the guy murder a hooker? I mean where is the family? Had it been my family member I sure's the hell would of made sure someone showed up. Disgusting.
Can the charges be refiled?
"Practice like you want to play in the game"
Yes, they refiled charges the next day but according to St. Louis Police, he was not in custody as of yesterday (Monday).
Additionally, the asst. public defender handling Campbell's case stated that he emailed Kim Gardner personally about issues with the case but received no response.
|Tinker Sailor Soldier Pie|
Incredible. Definitely no Jack McCoy's there.
I hear they have created a new spin off show of "Law & Order" based in St. Louis. It's called "No Law & No Order." Or maybe "Law & Order: Idiocracy"..."My first wife was 'tarded. She's a St. Louis Circuit Attorney now."
Acta Non Verba Trump Stands Alone...but he fights
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God, Family, Guns, Country
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"Surrender be damned. I have not yet begun to fight." ~JPJ
"I aim to misbehave."
More proof of DemocRAT hypocrisy. If I failed to show at ONE appearance for a murder trial, there would be serious consequences. Not for this whore though.
“We have put together, I think, the most extensive and and inclusive voter fraud organization in the history of American politics.”- Joe Biden
|wishing we |
more details on Gardner's screw up
prosecutors no-showed the court on May 27 after Campbell’s attorney complained about a lack of cooperation on discovery.
They also missed a June 15 hearing despite getting eleven days’ notice
At that point, Judge Sengheiser ordered full discovery in the case, but prosecutors never responded to his order
on June 30, the defense filed a motion for summary dismissal
Sengheiser ordered prosecutors to respond to the motion by July 6 with a hearing on July 12 for oral argument, and dispatched a deputy to deliver the order personally to Gardner’s office.
Not only did prosecutors fail to respond to any of these orders, Campbell’s attorney produced an e-mail sent directly to Gardner herself on May 28 — to which Gardner had also never responded.
Gardner’s office issued a revised statement at about 7 p.m. Tuesday confirming Campbell remains at large
The accused (Brandon Campbell) is black. The victim (Randy Moore) is also black. Where is the outrage on CNN, MSNBC, NBC, etc ?
The National Center for State Courts shows 33% of felony cases filed in St. Louis city’s circuit court get dismissed.
In St. Louis County, 15% of cases get dismissed. In Jefferson County, it's 14%. Seventeen percent of cases in St. Charles County get dismissed.
Historical data from the 22nd Judicial Circuit shows the dismissal rate has doubled since Gardner took office just five years ago.This message has been edited. Last edited by: sdy,
It’s looking more and more that Gardner was a poor choice for the job.
You’re a lying dog-faced pony soldier
Didn't the choosers get exactly what they wanted?
Set the controls for the heart of the Sun.
|Step by step walk the thousand mile road|
SIForum legal beagles: Doesn't double jeopardy attach when the prosecution fails to hand over discoverable documents when ordered to do so by the presiding judge?
If it does, they gave a murderer a "Get Out Of Jail FREE" card.
Nice is overrated
"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
The choosers appear to be incompetent too.
You’re a lying dog-faced pony soldier
|wishing we |
more about Kim Gardner's St. Louis Circuit Attorney’s office
Kim Arshi , the original prosecutor in the case who went on leave, has resigned after finding that someone used her electronic signature without her consent in as many as 28 cases — including the infamous case of Brandon Campbell
Kim Arshi began her maternity leave May 10. But her electronic signature appears on more than 20 cases in court documents listing her as the lead prosecutor – even though she was not in the office and did not sign them herself, according to a source familiar with the cases.
Arshi declined to comment. St. Louis Circuit Attorney Kim Gardner’s office has not yet responded to a request for comment.
How big of a problem might depend on what Arshi has to say about what happened, and Arshi might not have much choice in how much she shares. It seems very likely that she will get called in some of those cases to verify that she didn’t sign the documents and didn’t direct anyone to apply her signature as judges attempt to unravel what Gardner’s office did. Defense attorneys won’t pass up an opportunity to interrogate a prosecutor under oath on potential corruption issues, to be sure.
Generally speaking, no. Jeopardy attaches when a jury is empaneled (or the first witness is sworn in a bench trial) but there are some exceptions.
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