Victim’s Rights, Show Trials and American Courts

Former Congresswoman Gabby Gifforrds leaving the Tucson federal courthouse.

Tucson, AZ—Our American founding fathers never considered the need for what we call Victim’s Rights.  Anyone accused of a crime has real rights that must be protected.  This is obviously to prevent wrongful convictions.  It’s also to prevent government officials from targeting people for persecution for any number of nefarious reasons.

When we become victimized by a criminal act it is expected that we have a desire to exact revenge and show hatred against the offender.   The more serious the offense the more hate and anger is expressed by the victim and of course their family and friends.

We hold the accused to account in our criminal trials.  In a criminal trial a victim was never intended to be anything more than a witness.  Witnesses really don’t need any special rights of any kind.  Their job is to simply testify truthfully.

The victim is never allowed to apply any punishment.  I think is only natural that many victims want to experience throwing the switch on the electric chair and such.   There has never been justice for victims or any person.

Victims can only attempt to gain the power to punish the offender in a civil court.  If the offender has any assets they can be awarded to the victimized.  The problem here is most criminals have nothing and a victory in a civil court rings hollow.

Prosecutors seem to universally hate fair trials and the protections that guarantee them, because some of those accused are acquitted.   They want total control over the evidence and the punishment.  Prosecutors already have the ability to manipulate witness testimony through giving witnesses who are criminals, immunity from prosecution.  That lets them escape any responsibility for their own crimes. 

Prosecutors are now free to use the fragile emotional state of the victims as tools in court sentencing proceedings.  They have done this by obtaining court rule changes such as allowing for victim impact statements. 

Prosecutors love to mislead anyone and everyone that a successful prosecution and application of punishment bring closure to victims.  There is no closure but for the healing effects of time. 

Still prosecutors want to parade frightened, crying victims before the court to exact maximum penalties against the accused.  This charade has no real effect except to provide a garish public spectacle.  Judges are not supposed to be swayed by these actions.

Prosecutors are politicians and love this garbage to use in their future political campaigns.  Justice is perverted and twisted to aid political propaganda.

Yesterday in a Tucson Federal courthouse, prosecutors put on such a show.  A deranged mass killer was due to receive a maximum prison sentence that insured he’d never be released.  There was no trial because the accused pled guilty to his crimes.   That plea saved taxpayers untold millions in legal fees and court costs had this remained a death penalty case.

The plea and penalty was negotiated and the case closed for all practical purposes.  Still prosecutors summoned every victim to come into court to stare down the killer and to address him with their angry statements.   Then they watched him get sentenced  and taken away to Club Fed.

Victim impact statements are rarely delivered by accomplished public speakers.  Instead the victims nervously read writings from scraps of paper that were prepared in advance.  There are no happy endings in any criminal court for anyone, even an acquitted defendant. 

Victims will never get justice in any court.  The criminal acts that brought on the prosecution cannot be undone.  The victims can’t be made whole by any court ruling.  It that’s ever going to happen it will be in the hereafter if there is one.

We have turned most of our courts into entertainment arenas complete with live television and now streaming Internet video.  Our trial are show trials appealing to the lowest common denominator of humanity.    Our trials are not about justice anymore but rather showmanship and prosecutor’s political campaigns.

Adolph Hitler and his PR genius, Josef Goebbels was among the first to put their show trials before motion picture cameras.  The Nazis then brought their idea of justice to the masses that watched those trial highlights at their local movie theaters.  I ask, have we progressed beyond that? 

Trials should be public but cameras just don’t belong in our courtrooms.  If you want to see a trial all you need to do is visit your local courthouse.  

Killer, Jared Lee Loughner’s Plea Deal Spares his Death and Taxpayers Millions

Jared Lee Loughner

Tucson, AZ—It was on a warm January day in the “Old Pueblo” when Blue Dog, Democratic Congresswoman Gabrielle Giffords was gravely wounded and five others including a child were killed during a public, meet and greet event. 

A young and very troubled mental patient, Jared Lee Loughner was allowed to roam around in public by his not so watchful keepers.   That lapse was very deadly. 

Insanity as a defense in criminal law is very real.  The courts and juries rarely excuse the insane for criminal acts but in very rare cases.  Of course we will never know or understand what real demons drive people like Loughner to do the unspeakable. I can’t help but believe that Loughner was robbed of whatever ability he had to control his despicable actions. 

Loughner was and is a long term threat to his fellow beings and must be segregated from society.  Is it right to kill a deranged lunatic just because he’s dangerous assuming he’s safely behind bars?  I say no way!

Loughner is set to plead guilty and waive all appeals in exchange for a life sentence in federal prison.  I don’t think it’s realistic to think he will ever see freedom until perhaps he’s a helpless old man in need of full time nursing care.  Feeding, housing, supervising and providing medical care for Loughner’s next 50 years will be expensive. 

However the protracted cost of court battles and appeals in this case would be massive.  It could prove the costliest death penalty case in American history.  Many people seem to forget that the taxpayers are responsible for both the prosecution cost as as well s for the defense.

The plea agreement will serve justice, public safety and the taxpayers. 

As for Loughner, I don’t think anyone expects to see him to ever experience a normal life because of whatever medical curse he was afflicted with. 

Killing Loughner will never undo the horrific carnage of that warm January day in one of America’s more livable cities.  The plea agreement is a good idea. 

The Politics of Political Assassination are at a Fever Pitch in America

Washington, DC—The most divisive Presidential Administration since the Civil War is in full swing. Barack Obama with his un-vetted, un-elected and un-American group of radicals did everything possible to dismantle our form of government over the past two years. Their goal is to reform America into a Socialist system of government.

The Obama Administration has a serious problem. They were all but neutered by the midterm election that took the steam and momentum away from their destructive efforts. They are now desperate to create a crisis that would somehow restore their lost power.

Freedoms America has lived and prospered under for 230 years have been tampered with by Barack Obama and a group of radicals that infiltrated the halls of Congress. Suspended are our rights under the Fourth, Fifth, and Thirteenth Amendments. Under the radical axe right now are our rights under the First, Second and Fifth Amendments.

Tampering with American liberty is Treason. Treason is a capital offense. Americans are angry and have been pushed to the breaking point by cowardly politicians that have amassed taxpayer funded personal security assets in true despot style.

Radical politicians have been destroying the Constitution they’ve taken an oath to defend and protect. These radical were elected in their districts by exploited illiterates that are, ignorant unskilled people dependent on government handouts to survive.

Slavery is wrong and has been outlawed but the Obama Administration and too many in Congress have brought it back with a vengeance. Forcing Americans to incur massive debt for Socialist programs and outright corruption, is slavery by every definition.

Americans have the Second Amendment solution for out-of-control government and this country is at a crossroads. The radical politicians can sign their own death warrants or they can live by their oaths of office. Freedom and Liberty is not up for negotiation in America.

The last election was a clear message to the radicals that their Socialist idea of Hope and Change is not wanted.

These radical politicians have shamelessly exploited and politicized the acts of a lunatic in Tucson who victimized a moderate Congresswoman. They are using it to garner support to muzzle free speech and threaten gun rights. Now these same politicians are expressing fear of violence from the voters. The cure is really simple. If they don’t threaten American’s freedom they won’t find themselves threatened.

It’s truly unfortunate that Jared Lochner picked such an undeserving target for his attack. There are many politicians that were far more worthy of that kind of fate.

The Duty of A Defense Investigator assigned to Jared Loughner’s Case

Tucson, AZ—The job of defending 22-year-old Jared Loughner will most certainly center around the issue of his competency or lack thereof. Is he competent to stand trial and assist in his defense? There are many serious red flags that say he may not be standing trial anytime soon.

There seems to be little doubt that Loughner is the shooter and planned his activities. The defense has no viable direction to go other than seeking refuge under the insanity defense. That defense is more complicated and difficult than ever because lawmakers have done everything possible to foreclose this possibility.

Tucson Lawyer Bob Hirsh did a masterful job of gaining freedom for a man who murdered his wife nearly 30 years ago. In 1982 Restaurateur Steven Steinberg murdered his wife in their Scottsdale home. The defense was that Steinberg’s Jewish wife was a shrew and incessantly nagged him, driving him insane until he stabbed her to death. Steinberg was acquitted and that sent angry shock-waves across the nation. Laws were changed to preclude another such acquittal.

The attempted assassination of President Ronald Reagan by John Hinckley was another case that led to tightening of the insanity defense under federal law. The public seems to reject any excuse for heinous criminal acts.

None the less, the defense exists and the job of a defense investigator would be to find every scintilla of evidence of abhorrent conduct. Head injuries, medical examinations, witnesses, relatives, friends, enemies, teachers, cops and anyone at all that knows anything must be examined or intensively interviewed.

The investigator needs to make sure that the mental health experts have the whole picture of Jared Lougner. The competency hearing for this kind of case will take longer than most trials. If Loughner is tried then the issue of competency will be hashed out for a second time.

This case seems destined for a plea agreement but only after two or three years of legal wrangling. If no plea agreement can be reached this case will undoubtedly be the subject of a Supreme Court review.

Trial watchers will be learning about the famous McNaughton Rule that is the legal standard for insanity in the United States.

You can fully expect the defense to show every failure of government to take steps to deal with this guy’s mental illness. Before this is over you can expect major embarrassment by numerous agencies that dropped the ball. There will be no questions left behind on his instability. This tortured soul has a legitimate insanity defense that will undoubtedly preclude a death sentence. Loughner may even be confined to a mental institution rather than a prison.

Gun Rights and The Giffords Shooting

Tucson, AZ—The gun rights haters are quickly moving in high gear to demonize American’s right to self-defense. They blame a certain Glock 9MM semi-automatic pistol and not the deranged Hitler and Marx aficionado, Jared Lochner who used it to inflict the carnage.

Lochner was in obvious dire need of mental health treatment when he lied on the federal gun purchase form slightly more than a month earlier. Where was the concern about Lochner’s bizarre behavior over the last several years?

Lochner was taken to the murder scene by a taxi cab, but had he been behind the wheel of a 3,000 car he could have inflicted as much death and destruction by driving into the crowd. Lochner could also have employed a single gallon of gasoline like what was used by another maniac that destroyed the Happyland Social Club in New York killing 100 people in the process.

Gun rights haters are overly obsessed with firearms to the point of phobic mental Illinois. They are irrational perhaps because they are fearful that they cannot control their own murderous or suicidal impulses.

Hundreds of millions of Americans are armed with firearms every day and using them to murder never enters their minds. Nearly every American has total and constant control over planes, trucks, cars, toxic substances, knives, hammers, golf clubs and baseball bats without a thought of assault or murder.

Criminals are the problem not inanimate objects that can be used for mayhem.

Too many American Politicians are Not Fit to Live

Tucson, AZ--Gabrielle Giffords is a Democratic Congresswoman who fearlessly represented the voters that sent her to Congress. Unlike so many politicians she’d spend time with her constituents and hear their concerns, gripes and hopes. She was respected and even loved by both Democrats and Republicans. If all politicians in America were like her there’d be no nasty divide as we have seen in the last two years. Conservatives can agree to disagree with Giffords and do so with a genuine smile.

A pathetic drug abusing loner with a long history of exhibition of mental illness symptoms falsified a Federal (#4473) gun purchase form got a gun and went on a killing rampage. The carnage is heartbreaking to say the least. America has been paying dearly for neglect of the mentally ill for a long time.

Today we have many incredibly arrogant politicians that believe they have carte blanche authority to attack the Freedom and Liberty that made America great. They wantonly assault our free market system, its economy and our way of life. They are wrecking the Constitution they swore to defend and protect. Their goal is to enslave a significant portion of our population. They simply want to replace our system of government with that failed Socialist model like Adolph Hitler, Joseph Stalin and Mao Zedong envisioned.

Millions of American shed their blood so we could have a Bill of Rights. Politicians that threaten that Bill of Rights do so at their peril. Treasonous politicians that tinker with American freedom deserve to be targets of violence.

It’s unfortunate that millions of Americans really don’t understand the benefits of Freedom. They don’t know how governments are the most prolific killers of their own people throughout history. The ignorant are easily mislead and exploited by corrupt Socialist politicians.

Those politicians that are scrambling to curb Freedom under our Bill of Rights on the backs of the Tucson massacre victims are beyond despicable. They’re deepening the divide and open wounds in America. These people are threatening our very peace and patriotic Americans can be counted upon to once again shed blood in the name of Freedom. These treasonous politicians want and may get a Civil War.

We should be using the tragedy to find common ground as we come together as a nation. We need to reach out to the disenfranchised in our midst and help them realize the American dream. Threatening freedom is no different than throwing gasoline on a fire. There will be no negotiation on our freedom.

Giffords Shooting Probable Cause Statement and Complaint

Attached is the full 16 page complaint and probable Cause Statement filed by the U.S. Attorney in Federal district Court today against Jared Lee Loughner, DOB: 09/10/1988 of 7741 N. Soledad Ave., Tucson, AZ 8574.

What we may not learn because of privacy laws involving medical records is that the Federal Firearm purchase form #4473 was falsified by Lochner if he concealed his mental health issues. He was rejected for military service by the Army and police were called numerous times because of his bizarre behavior. I find it difficult to believe he was not committed for mental evaluation at least once and that would have disqualified him from buying a gun.

PR_Lougher_

Conservative Hate and Vitriol Fueled the Tucson Massacre

Tucson, AZ—Let me fist say that the vile shooting at Gabrielle Giffords’ meet and greet event at a supermarket was not a political shooting. There is clear and convincing evidence that the accused shooter Jared Lochner is seriously disturbed and incompetent to make a rational judgment.

Lochner’s writings show that he somehow thought people in the government were controlling his mind. Lochner’s personal politics were Leftist. We are slowly discovering that Lochner was a victim of a failed mental health system that did not act when it became clear he was suffering.

A Moderate “Blue Dog” Democrat like Giffords or Judge John Roll, appointed by George H.W. Bush, were hardly the targets for any Conservative Americans. There are however many Socialists in our government that may well deserve that kind of fate for their attacks on Liberty.

Now the mouthpieces of the Far Left are suggesting that hate and vitriol from Conservatives is somehow the cause of the Tucson shooting. Free speech is the spoiler of every Socialist government and they want it curbed. They want only approved political voices to be heard, their own. Any speech but their own is hate speech. Hating Conservatives does not count as hate in their books.

The Second Amendment was created by our founders to deal with tyranny and corrupt government. That means it is justifiable to kill despotic public officials. Most people consider the brave German men that plotted to kill Adolph Hitler and other high ranking Nazis on July 20, 1944 as heroes.

Our own country has a history rich with bloodshed as the price of Liberty and Freedom. Humans by nature hate bondage and government abuse. There are humans that feel a need to enslave and control others. Those are the basic ingredients for violent war in our world.

To pretend that the corruption of our Constitution is some political disagreement not deserving of a violent reaction by Americans is ludicrous! Politicians that plunder taxpayers and initiate slavery must be stopped by ballots or bullets. Too many politicians have gotten away with too much for too long in history and the result is always the same, a human holocaust. Past is prologue, and despots everywhere are deserving of a stiff swing on the gallows.

Americans have seen their schools and health-care system destroyed by illegal aliens who allowed to plunder entitlements. That was facilitated by rogue government officials who broke the law of the land by obstructing justice.

Americans have seen a recession aggravated by Socialists in our government destroying our free market with bailouts to mismanaged and corrupt businesses. Americans have seen laws put in place that violate the 13th Amendment by enslaving them and future generations.

Americans have taken to speech and assembly to redress their grievances to an unresponsive government. The next step is simply not more speech but action as we saw in 1776 and again during our Civil War.

The Second Amendment is one of the tools our founders gave us, to preserve, defend and protect our Constitution. Our Bill of Rights is not open to negotiation outside of the amendment process. Politicians that wish to amend the Constitution by a simple vote in Congress or a 50 percent plus one vote need to understand the bayonet may find and kill them.

Americans must be free to voice their hate of tyranny. One half of a population cannot enslave the other half without bringing violence. Politicians must simply avoid efforts to steal liberty or they may well face justifiable assassination.

Excellent Reporting by My Friends at KTVK-TV in Phoenix

Tucson, AZ—Today’s horrific shooting in Tucson that maimed or killed so many people needed to be reported. It was the weekend when most people in the news business are home with their families. The weekends are usually slow for news stories and a major story is a challenge to cover for the much smaller weekend TV news crews.

All aspects of this story needed the best work the reporters, producers, photographers and assignment desk people could provide. KTVK-TV came through meeting their responsibility to quickly provide all of the relevant information to their viewers.

KTVK-TV put their best on display today and I know there will be an Emmy Award or few in the future of these professionals. Sit back and watch some great reporting.

Who is Jared Lee Lochner?

Tucson, AZ—He’s accused of killing Federal Chief Judge John Roll, gravly wounding “Blue Dog” Democratic Congresswoman Gabrielle Giffords. The suspect was apparently tackled by bystanders once he ran out of ammunition. There were 16 others killed or wounded by a man that has a curious philosophy. A nine year-old child was also killed by the gunman. The Gunman, Jared Lochner is 22 year-old.

Lochner like to read. His favorites include, “One Flew Over the Cuckoo’s Nest’, “Mein Kamph”, “The Communist Manifesto”, “Animal Farm” and “To Kill A Mockingbird” The picture of Lochner above was taken when he was a volunteer at a book festival.

Lochner has a YouTube Chanel that has three uploaded videos that seem somewhat incoherent about currency, gold and government.

Lochner is 5’1O” , 155 Lbs, with blue eyes and brown hair. He wears contacts or glasses. Lochner has misdemeanor arrest record and had successfully participated in a diversion program that resulted in dismissal of the charge in the Marana city court.

I’m not sure who Lochner’s target was or his motivation. Frankly he appears to be somewhat deranged and delusional in his thinking. I be shocked to hear that that Lochner does not have a history of mental illness.

We will have to wait to hear more about this twisted soul as the investigation continues. Police will be serving search warrants and doing a massive investigation into Lochner’s background.

Here is a photo of Lochner’s residence I snapped from Google Maps.



From Lochner's profile:

YouTube Videos
http://www.youtube.com/user/Classitup10#p/u

Website:
http://Myspace.com/fallenasleep
About Me:
Jared Lee Loughner!
Hometown:
Tucson
Country:
United States
Schools:
I attended school: Thornydale elementary,Tortolita Middle School, Mountain View Highschool, Northwest Aztec Middle College, and Pima Community College.
Interests:
My favorite interest was reading, and I studied grammar. Conscience dreams were a great study in college!
Movies:
(*My idiom: I could coin the moment!*)
Music:
Pass me the strings!
Books:
I had favorite books: Animal Farm, Brave New World, The Wizard Of OZ, Aesop Fables, The Odyssey, Alice Adventures Into Wonderland, Fahrenheit 451, Peter Pan, To Kill A Mockingbird, We The Living, Phantom Toll Booth, One Flew Over The Cuckoo's Nest, Pulp,Through The Looking Glass, The Communist Manifesto, Siddhartha, The Old Man And The Sea, Gulliver's Travels, Mein Kampf, The Republic, and Meno.