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wrightme
Regular Member
| Joined: | Sun Oct 19th, 2008 |
| Location: | Fallon, Nevada USA |
| Posts: | 1561 |
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Posted: Thu Sep 17th, 2009 05:25 am |
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rDigital wrote: Under what circumstances are these acceptable words to use when describing any LEO?
The ADVICE came from a person with ABSOLUTE authority.
I sincerely hope that no one here EVER thinks of another flesh and blood human being as an ABSOLUTE authority.
Remember we're all on the same team here. 
Under the obvious circumstances of coming from an obvious LE apologist....
"Obvious LE apologist is obvious..."
Last edited on Thu Sep 17th, 2009 05:25 am by wrightme
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darthmord
Regular Member
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Posted: Thu Sep 17th, 2009 03:44 pm |
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BB62 wrote: KBCraig wrote: I have read the redacted reports, and listened to the pre-incident phone call...
...Water under the bridge, though, and as I said, I don't condemn you for taking the action you felt you had to take under the circumstances.
Now: I am not convinced that the agreement you signed constitutes a binding contract. That's because LPD could not offer "consideration" in the form of returning your own property to you, because it was your property! Even if the agreement to drop charges constitutes "consideration", it only applies to the city and PD. ..
I agree. Thanks to Color of Law for finding what I referenced in a post on OFCC:
(referencing previous posts on OFCC's thread) ...Related to one of my more recent posts on this thread, wherein I took the OP's legal representative to task, now it's time to speak of prosecutorial misconduct, as has been suggested by others. To wit:
http://ofcc.crufflecarp.org/Lima/Op_94-010.pdf
A couple of salient sections:
SYLLABUS: When a prosecutor becomes aware that a criminal action lacks merit, it is improper under DR 1-102(A) (5) and DR 7-105(A) of the Ohio Code of Professional Responsibility for the prosecutor to offer to dismiss the criminal charge in exchange for the defendant's promise to sign a release of all civil claims against an arresting police officer, other officers at the scene, and the city."
and
"Further, when a prosecutor has concluded that a criminal charge lacks merit, the imbalance of power between a prosecutor and a criminal defendant should not be used as leverage to coerce a defendant into releasing civil rights. When a prosecutor offers to dismiss a criminal charge that lacks merit in exchange for a defendant's waiver of the right to pursue a civil remedy, the quid pro quo is illusory. The defendant relinquishes civil rights in exchange for the prosecutor's agreement to fulfill an ethical duty, the ethical duty to not prosecute criminal charges that lack merit. Such conduct is a misuse of the criminal process and in this Board's view constitutes a threat to continue a criminal charge to gain advantage as to a civil matter in violation of DR 7-105(A)."
Please refer to page 4 of this thread to read the open-records which were received in response to a request by JABeatty - including the "hold harmless" agreement.
Should the AG be contacted? How about the Ohio Bar? Other suggestions?
>edited to make this post's references refer to what has been posted on OCDO<
If going through with that agreement was illegal, then doesn't it make that signed agreement null and void? Thus opening him up to being able to sue them?
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color of law
Regular Member
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Posted: Fri Sep 18th, 2009 02:21 am |
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darthmord said:
"If going through with that agreement was illegal, then doesn't it make that signed agreement null and void? Thus opening him up to being able to sue them?"
Absolutely yes!!!!! But the OP has made it clear that he has no intentions to do so.
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JSlack7851
Regular Member
| Joined: | Sun May 10th, 2009 |
| Location: | Ohio USA |
| Posts: | 73 |
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Posted: Fri Sep 18th, 2009 07:14 pm |
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Even if the Op doesn’t want to pursue civil action against his tormenters couldn’t/shouldn’t we as citizens hold the prosecutor to task? We, as citizens, could / should send letters of concern to the Bar and to the AG’s office. Prosecutorial misconduct would make for a good story on the evening news. It would also send the message this kind of behavior won’t be tolerated to other cities.
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w8new
Regular Member
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Posted: Tue Sep 29th, 2009 07:56 am |
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I had no idea that this thread would go on for so long (and email notification isn't working since I have not been notified of any of the replies) and I just checked on it for the first time in a long time.
To all of the supporters I wish to extend a REALLY BIG thank You. Especially to color of law, BB62, jabeatty, and even JSlack7851 - some of whom I have talked with personally by telephone since the incident.
As for all of the detractors (bashers) I have a thick enough skin that I am not at all bothered by any of the negative comments. You have your opinions and should feel free to express them.
If the situation here were not as it is I would definitely not have signed the agreement because I knew that the real law breakers in this case were getting off clear and free.
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Grapeshot
Founder's Club Member
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Posted: Fri Nov 20th, 2009 06:00 pm |
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Good read w8new
Hope things improve for you and yours.
Yata hey
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Capn Camo
Regular Member
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Posted: Tue Nov 24th, 2009 04:59 am |
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Go get an attorney even if it has to be pro bono (public defender), and go sue them on the angle of -" They cannot hold you to an agreement to not sue them because they harassed and intimidated you into it."
Dont get me started on the cesspool called Lima Ohio.
Weak, yes. And afraid. Wouldnt that be normal?
Ive walked that mile. I used to be afraid of the SOBS until I discovered how to read Law, send Letters and carry a tape recorder.
I chased a crooked SD out of South Lebanon, took on the @#$%s at Rhodes State with their little boy cop (stood right by his car and told him he was incompetent) and laughed at the State AG for his hollow threats. Stuck my foot up the Auglaize Co SD and threw their little boy Deputy off the property for attempting to harass me. Caught an attorney in St Marys in bed with the Sheirff and really pissed them off when they found out I recorded evidence of it. Lord I cant count the number of Ohio Cops Ive told to get lost with a TAPE RECORDER in hand. They run like the cowards they are when the tape machine is out.
This thing about the City Atty "training" the troops is absolute BS, they are already trained.
TAKE THIS TO CHANNEL 25 (WLIO) Theyve always been straight shooters. First one Id expose is this low-life "attorney" that tricked you into a "deal."
Last edited on Tue Nov 24th, 2009 05:03 am by Capn Camo
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McX
Regular Member
| Joined: | Tue Jul 14th, 2009 |
| Location: | Wisconsin USA |
| Posts: | 1065 |
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Posted: Wed Nov 25th, 2009 11:07 pm |
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| The public humiliation is an added bonus from the encounter. A gang of cops always makes things look good too. Hundreds of calls doesn't make a valid crime. At least you got processed and your property returned. The rest was their unadmitted embarassment with the sign the release bit. How much did what they did to you cost the taxpayers, and it didn't go anywhere?! Seems like the Cops need to learn to Look, Think, then react. That's we've all sworn to do.
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Mo.Co. Original
Regular Member
| Joined: | Sun Nov 29th, 2009 |
| Location: | Galion, Ohio USA |
| Posts: | 17 |
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Posted: Mon Nov 30th, 2009 09:37 am |
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| Hi-Point is located in Mansfield Ohio FYI
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Makarov
Regular Member
| Joined: | Sun Jul 20th, 2008 |
| Location: | Dayton, Ohio USA |
| Posts: | 38 |
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Posted: Tue Dec 29th, 2009 08:31 pm |
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| Sue the heck out of them....make them feel the pain. They only understand this action.
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