Jury Rejects DA Martin's Vote-Pandering Prosecution
DA Martin, a YEAR to file charges in a DUI Death? You've got some explaining to do
Jury Tosses DA Jim Martin's Murder Case in an Hour
DA Martin Fails, Child Rapist Freed From Prison
Our Justice Mission Goal is two-fold:
* To de-throne crooked and incompetent DA Jim Martin and replace him with the kind of modern district attorney Lehigh County deserves.
* To spare other grieving families the needless extra agony of having to outmaneuver DA Jim Martin and The Morning Call (like we did) to get justice in Lehigh County.
We fight to get the truth out there, so that hopefully your family won't have to go through what our family continues to battle.
27 comments:
WORTH REPEATING DEPARTMENT
"The requested object does not exist on this server. The link you followed is either outdated, inaccurate, or the server has been instructed not to let you have it."
Tenacious V! Let 'em have it.
LVS Sitemeter(R) Spotlight
Domain Name > (Unknown)
IP Address > 206.15.101.# (NEWS CORPORATION)
ISP > NEWS CORPORATION
State > New York
City > New York
Operating System > Microsoft WinXP
Browser > Internet Explorer 6.0
Time of Visit > Oct 2 2009 10:19:11 am
---------
Outside media ... help! help!
We only have one "newspaper" here and it's in cahoots w/ DA Martin. Martin can do anything he wants (and he does) and nobody (except us) calls him on it.
We'll gladly share the Pulitzer w/ you ...
WORTH REPEATING DEPARTMENT
Anonymous said...
Lifted from a blog by one of the faculty members of the Poynter Institute, a well-known school for journalists:
"It is true that the worst journalism comforts the comfortable and afflicts the afflicted. That is a breach of duty."
Something for the bloggers of today who, either intentionally or by default, have replaced the ink media.
Did Martin (or any of his pals at the paper) ever read this case? Stunning in its conciseness, and how it supports Bill's belief in a third degree murder charge for Sheena's killer. Read it. There is nothing nutz about this Phila. County case or how it could, and arguably should, have been applied here in Lehigh County.
I'll never forget Deputy DA Renee Smith screeching over the phone at me, "IF HE WAS TRYING TO KILL SHEENA, HE WOULD HAVE ALSO BEEN TRYING TO KILL HIMSELF!!!"
Obviously, Renee Smith (and Jim Martin) either don't comprehend how third degree murder works (incompetent) ... or ... they were hoping (in vain) that I don't (crooked).
From Commonwealth v. Levin:
The mens rea for third degree murder is malice, the definition of which is well settled:
Malice consists of a "wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured...." Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury.
Readers, remember the name "Deputy DA Renee Smith." Renee Smith figures prominently in our upcoming exposé on how DA Jim Martin fixes DUI homicide cases for cronies. ;D
Joe Levin was convicted of third degree murder in Philadelphia County, for a DUI death, because he got behind the wheel drunk, knowing he was a blackout drinker.
In upholding (affirming) Levin's conviction on appeal, the PA Superior Court cited Levin's knowledge of being a blackout drinker, but getting behind the wheel drunk anyway as his fate-sealer. Here's what the Superior Court said:
¶10 This knowledge and Appellant’s action in light of this knowledge constitutes a recklessness of consequences and a disregard for social duty.
Appellant did indeed disregard the unjustified and extremely high risk that his actions would cause serious bodily injury. Unfortunately, in this case,
Appellant’s actions resulted in fatal injuries. Accordingly, we find that there was sufficient evidence to conclude that Appellant possessed the requisite malice for conviction of third degree murder.
¶11 Judgment of sentence affirmed.
----------
At his guilty plea hearing on Feb 2, 2007, Sheena's killer admitted to Judge Robert Steinberg in open court that he knew he was a blackout drinker but that he had gotten behind the wheel drunk anyway on the night he killed Sheena.
I stood up in court and yelled, "LEVIN," i.e., Commonwealth v. Levin, which I had sent to Judge Steinberg, and to DA Jim Martin, the previous December. I yelled, "LEVIN," twice. Both times, Judge Steinberg, the Prosecuting Attorney Richard Director, and Morning Call "reporter" Manny Gamiz made believe they didn't hear me.
The reason I had sent Steinberg and Martin the Levin case was because of this part of the malice definition:
"Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury."
See, in my albeit non-lawyer mind, I thought these actions by Sheena's killer:
* Knowing you're a blackout drinker but getting behind the wheel drunk anyway
* Getting behind the wheel w/ a .24 blood alcohol content (three times the legal limit)
* Rocketing "a minimum of 85 miles per hour" (in the findings of the crash reconstructionist) on a 35 MPH residential street
* Ignoring your two passengers' screamings and pleadings (for 30 seconds) that you slow down
* Losing control and crashing into a tree on the opposite side of the road and crushing my only daughter Sheena's skull and killing her in the process
... should definitely qualify as THIS:
"Malice may be found where the defendant consciously disregarded an unjustified and extremely high risk that his actions might cause serious bodily injury."
----------
We wanted Sheena's killer charged with what he did to Sheena.
And what he did, clearly, was commit third degree murder against Sheena.
----------
DA Jim Martin owed it to Sheena, her family, and the Commonwealth of Pennsylvania to at least TRY to get a conviction on a charge of third degree murder.
Jim Martin refused to try.
"* Ignoring your two passengers' screamings and pleadings (for 30 seconds) that you slow down"
Watch Jim Martin lie on TV about this. Martin says the two passengers "cautioned" the homicidal drunk driver to slow down. It's real obvious Jim Martin is lying.
Funny. Know-it-all attorney (for now) David Najarian weighs in w/ his "expert" opinion, omnipresently, in our local blogosphere whenever anything even remotely "legal" is brought up. David Najarian won't touch this though, will he :) I didn't think so....
Touché. Ditto O'Hare who used to be a lawyer ;D
they don't deal well w/ FACTS
Bill, I'm sure this legal question will get the attention it deserves once the legal beagles finish analyzing whether the Bethlehem Township Zoning Board violated the Sunshine Act by ordering a blogger to turn off his video camera.
Right. We'll hang tight ...
The APD officer who arrested Sheena's killer and did the crash reconstruction told me in a March 2007 email that the "minimum 85 mph" crash speed he documented (and "it could have been 100 mph," he told me) and .24 BAC, in combination, was the highest he had ever experienced in the city of Allentown in all his years of police work. He agreed w/ me that a charge of third degree murder was not "inappropriate" ... as DA Jim Martin would later tell Channel 69 News while hiding behind his "discretion" like the pathetically pusillanimous "prosecutor" "Gentleman" Jim Martin is (for now).
V's, congratulations on being the 4th Most Influential Political Blog in Pennsylvania (all categories) and #1 in the Lehigh Valley.
WE NEED YOU TWO, what w/ the rest of our local blogosphere suckling compliantly at the teat of The Morning Call "newspaper."
Thanks. Yes, curious, isn't it, that both The Morning Call "newspaper" and our entire local blogosphere look the other way on all of DA Jim Martin's crooked and incompetent debacles.
And speaking of "#1," no one looks the other way more loyally (or is that more pusillanimously?) than Morning Call "newspaper" Managing Editor Dave Erdman.
Hey TrollVilla, I see you were up and at'em early today dpreading your hate in the blogosphere before 7 AM.
Spreading hate 24/7, you would make the thought police proud.
"dpreading [sic] your hate in the blogosphere"
You mean disseminating FACTS, and what's it to you?"
Bill Villa, I've been following this story for a long time, but not as long as I've been following Jim Martin. The "connected" individual who killed your daughter would have "walked" had you not surrounded Martin early and often. Not many beat Martin but you did. Kudos.
"dpreading your hate in the blogosphere before 7 AM."
The fat fingers of the left hands of the morbidly obese have trouble hitting the "s" key which is one key farther to the left of the "d" key.
I'm just sayin'.
8:48, thank you, and we believe that too.
11:27, an equally astute observation.
SiteMeter(R) Scoop Watcher
So, who will pick up on our story first?
These guys (yawn) ...
Domain Name > (Unknown)
IP Address > 163.192.12.# (Tribune Company)
ISP > Tribune Company
Time of Visit > Oct 5 2009 11:43:22 am
Time of Visit > Oct 5 2009 12:10:53 pm
or THESE guys, hmmm ...
Domain Name > (Unknown)
IP Address > 206.15.101.# (NEWS CORPORATION)
ISP > NEWS CORPORATION
State > New York
City > New York
Time of Visit > Oct 5 2009 9:30:58 am
Time of Visit > Oct 5 2009 12:45:19 pm
Outside media ... help! help!
SiteMeter(R) Scoop Watcher
Domain Name > (Unknown)
IP Address > 163.192.12.# (Tribune Company)
ISP > Tribune Company
Time of Visit > Oct 5 2009 2:38:01 pm
Domain Name > (Unknown)
IP Address > 206.15.101.# (NEWS CORPORATION)
ISP > NEWS CORPORATION
State > New York
City > New York
Time of Visit > Oct 5 2009 2:59:04 pm
Sitemeter(R) Scoop Watcher
Outside media ... help! help!
Domain Name > (Unknown)
IP Address > 206.15.101.# (NEWS CORPORATION)
ISP > NEWS CORPORATION
State > New York
City > New York
Time of Visit > Oct 5 2009 4:32:35 pm
Post a Comment