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JohnC

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Everything posted by JohnC

  1. I respectfully disagree. Because he is the mayor he has an obligation to act responsibly and respect the judicial process. His charged comments don't add anything positive to the situation other than to contaminate the environment, including the judicial process. The mayor is acting like a politician and trying to capitalize on the situation. The best response he can make is to say "no comment" and let the process run its course. Voicing an opinion as a citizen is one thing but voicing an opinion as a mayor calls for measured restraint.
  2. You are a provocateur! The juices of exasperation are causing turmoil in your tummy. Just let it go. Let's leave the topic of coaching for another day. There is only so much futility that the mind and body can contend with in one day.
  3. I read your link. What a freaking mess! k-9 in another post said that he heard that the organization is reviewing his contract. If Pegula made a decision that he doesn't want his organization to be associated with a certain caliber of conduct the March 3 date for a bonus payment may be a decision point for the organization. I don't believe that the McCoy legal saga is going to be quickly resolved. From a football standpoint McCoy is an important player for us. Due to his off field behavior (not commenting on outcome) he has hurt the team. More than ever I have a greater appreciation and respect for Fred Jackson not only for his performances on the field but also for his conduct off the field. The older back contributes to the community he is in while the younger back causes consternation in the community he is in. .
  4. K-9 in another post indicated that the organization is closely examining the contract to see what their options are with him. I myself don't know what the organization can and can't do regarding off-field legal issues.
  5. As far as the off duty cops buying in or not with a plea agreement (reduction in charge) I'm sure they will be asked their opinions. But if the prosecutor determines that the best approach is for a reduced charge it will be a reduced charge. The prosecutor is making the determination and having the final say. It's not unusual for police departments to get very upset with plea deals but the system would not work without the deals. The system would be overwhelmed so court administration and capacity is factored into the equation. I know of many cases where the prosecuting attorney's office will say good case but we can't handle it. The case is no papered (simply meaning it will not be processed.) This is not a typical bar room brawl case in which it would be a standard case that gets routinely disposed of. A big factor is that off duty policemen are involved, a high profile pro athlete is involved, there are unofficial issues relating to the relationship between the police and the prosecutor's office (each are dependent on the other) , politicians are commenting and the media is giving it much attention. As I stated in my prior post if some of the injuries turn out to be serious in my opinion the McCoy crew is going to have less ability to make a deal. A felony conviction against McCoy in a high profile case will result in a major suspension if not put his career in jeopardy. Roger Goodell is watching and waiting to act like a hard asss sheriff. When it comes to an issue of PR he doesn't act on the law--- he acts on how it makes him look.
  6. I wouldn't bother with him. But from radio reports and newspaper reports in the MD/DC area so far the organization is happy with him and his work ethic in rehabbing. I'm not trying to be sarcastic but sometimes a change in medication does stabilize the unstable.
  7. The complainants (off duty policy) filed criminal complaints with the police. The police take the complaint and give it a case# and write it up and follow it up with an investigation. They found that there was probable cause for particular charge/s. They send the arrest paperwork to the prosecuting attorney's office who reviews the paperwork and case. They make the determination to paper the case or not. The police attach the charges to the original paperwork but the prosecuting attorney's office can change the charges by lowering it, raising it or even adding additional charges. If the defendants are found guilty the sentencing judge will decide punishment which can include some form of restitution. You are correct that the main money issue of compensation will occur from a civil case. But what can happen in this case is that prior to going to trial there can be a settlement among the parties that will influence how the prosecuting office handles the case. As an example the prosecutor is willing to lower the charge from an aggravated assault to a simple assault if the victims agree to a $$$ settlement, The attorney/s representing the presumptive defendants are going to earn their money in negotiating a plea deal and a settlement more than from the trial itself. (My opinion) In my eyes the big issue hanging over the presumptive defendants is how injured are the victims? If they are seriously hurt to the extent that they can't go back to work the McCoy crew is screwed because the prosecuting attorney's office will probably not reduce the charges. In addition, if there is a civil case after the criminal case is disposed of the level of injuries is going to be a major issue relating to compensation. Note: You bring up an interesting issue regarding whether the complainants have a say on what the charges should be. Normally a civilian makes the complaint and the police decide on the initial charges subject to being changed by the prosecutors office. In this case where the victims know the law they should understand what the charges should be and are in accord with the impending charges. But generally speaking the complainant doesn't determine the charge----they make the complaint and the police authority makes the determination as to what the criminal violation is. i addendum: With respect to the charges the issue is what does the particular criminal statute say and what are the elements to it. The elements to the offense have to match the law being applied.
  8. He has been rehabbing with the Redskins. They are happy with him and it seems that the Skins want to work out a deal and it appears that he is inclined to work out a deal with them.
  9. WEO, I agree with you on the issue of whether these injuries rise to the level of aggravating assault. The medical reports and not laymen's opinions on this matter are going to be the most influential factor on that issue. Go KiKo Go's comments and quotes are relevant and potent.
  10. The medical report is not released publicly at this time But it will be released (authorized by the injured parties) for the case if need be. Not only will the initial hospital report be submitted but the post hospital and post initial treatment will be used in this case to support the case. The police can have their thoughts about the injuries. But the authoritative voice on the that issue are the medical experts, not the laymen. I agree with you that the police pursuing this case are trying to promote the seriousness of the injuries. If it goes to trial it is reasonable to believe that the defense is going to use their medical experts to review the medical records and minimize the severity of the injuries.
  11. The lingering after effects certainly would be a factor relating to the seriousness of the injury because the injured officer can't return to full duty until vision issue is resolved.
  12. We might be losers on the field but we are the indisputable Champions at the podium. We provide an entertaining product: Sex and booze in the parking lot!
  13. This is my opinion. The aggravated charges are going to be mostly related to the level of injuries than to the off-duty officers identifying themselves (or not) as being officers. The injured officers went to the hospital so their injuries are documented. As I stated in a prior post the DA very often goes with the more serious charge in order to have more bargaining room with the defending attorney. In my opinion the level of injuries do rise to the level of an aggravating assault charge. (Agree with WEO.) Will the complainants (injured cops) be willing to go along with a lesser charge? That question is probably related to compensation for pain and suffering.
  14. If he was part of the brawling crew it doesn't have to be proven that his punches and stomping specifically hit a particular injured party. They are in it together.
  15. I think what it comes down to is how injured were the cops? Another issue is did the police identify themselves? Very often the prosecutor is going to go with the higher charge so that there will be more room to bargain.
  16. http://mbeckerlaw.com/aggravatedassault http://www.pennsylvania-criminal-defense.com/assault/ http://www.pennsylvania-criminal-defense.com/assault/
  17. If you want to be snarky go ahead and be snarky. I honestly don't know what you are getting at. I made some comments on this case as have others on this much discussed topic based on inferences drawn from the way the police handled this case. What struck me is that the police quickly sought an arrest warrant in a case that they knew was going to be a high profile case. The case then went to the prosecutor's office. There is nothing unusual that in a high profile case where top notch attorneys will be representing clients that the prosecutor's office would be extra cautious in making sure that everything was in order. What seems to have bothered you is that you think I made an unreasonable inference from the quick investigating response by the police and the rather quick seeking of an arrest warrant. To you that meant nothing but I considered it telling. Am I making an assumption? Of course I am. I am speculating on this case as is everyone else is. I have made arrests. I have taken cases to the U.S. Attorney's office. I have been involved in a few high profile cases. (note: A high profile case isn't necessarily a significant case. It usually means that a well known person is involved). I'm not claiming that I am an expert in this case because I am not. But I do have some insight into the process that lends me to make some judgments. Are my judgments speculative in nature? Absolutely! I believe that McCoy and his crew are going to be charged in this case. Is it an opinion based on speculation? Yes. In the not too distant future we should know how this phase of the case is going to turn out. If I wrong in my assumptions I will be the first to admit it. ` If you have a different opinion that is fine. Your opinion is as valid as mine.
  18. I don't understand what you are getting at. I have given my opinion as have others in this 1000 post topic on how I see it. I made some inferences from the rapidity of the way the police handled this case and sent their request to the prosecuting attorney. You seem to object that I am basing my opinion on the police's quick response in this case. If you disagree with my assumption then so be it. Clearly I am speculating on this case as is everyone else. The case is in the prosecutors' hands. They are reviewing the case. They realize that this is a high profile case so they are going to be extra careful in reviewing the case and making a determination. I have made arrests. I have taken cases to U.S. Attorneys. So I have some insight into how the process works. In a high profile case in which the police and the prosecutors know that there is going to be intense scrutiny they will make sure that they have their case in order. What made an impression on me is that the police department rather quickly sought an arrest warrant. That suggests to me (maybe not to you) that they had enough quality evidence to take this case to the prosecutors. I'm not making the claim that I am an expert in this case. Different jurisdictions have different laws. But the overall structure of the process is very similar. If you have a different take on this case fine. Your opinion is as good as mine. What you are getting at in your responses to me has me befuddled.
  19. Be patient. The case will run its course. Then you might have a better understanding of my position, speculation and all.
  20. You must have misinterpreted my response. Clearly no legal inference should be made from the speed in which the police request a warrant for arrest. I have never disagreed with that obvious basic legal concept. But I did and still do make an inference in speculating on this case (as you are doing) from the fact that the police acted so quickly in formally seeking charges against the McCoy crew. If you can't see the difference then so be it.
  21. You are correct that the speed in which a warrant is issued doesn't reflect a strength or weakness of a case. And you are correct that in a high profile case there are going to be a lot of rumors swirling around the case and the courthouse. Certainly legal inferences can't be made by the speed in which a case is pursued and processed. I don't think it is unreasonable to believe from a police standpoint in such a high profile case that there is more incentive to get the case right than to quickly make a case. It's obvious to the police department that this case involving off-duty officers and a prominent local pro athlete was going to be a high profile case. The department was not likely going to be sloppy and take actions that weren't supported by credible facts and information because of the intense coverage of the case and process. In a case such as a bar brawl or a brawl in general the scene is chaotic with conflicting claims. In those types of cases it is very difficult and challenging to determine which of the conflicting claims have merit. Yet in this case the police quickly went to the prosecutor for a warrant for the arrest of the McCoy group. Is it a factor that the alleged victims in this case are police officers and that the investigation is not totally objective? I wouldn't be surprised if it was a factor. But even with an appearance of bias toward the victims the police recognize that their actions are going to be intensely scrutinized. And the same thought processes apply to the prosecutor's office. My general point is from a legal standpoint your point that the speed of the activity on a warrant shouldn't be considered an indication of guilt or not is a point that can not be challenged. But for those of us who are speculating on this case (which means most of us posting on this issue) it is not unreasonable to speculate how this case will turn out. That's what normally happens on a bulletin board. I appreciate you comments on this topic. It's obvious you know the law and I respect your knowledge on this topic. But this forum is not necessarily the most appropriate setting where only the details of the law are discussed on a particular case.
  22. You are right that the team deliberately tanked last year. The team was stripped for drafting reasons. But if you watch the team this year although that are still losing a lot of games you can see that they can keep up with the very good things. We don't have the scorers that allow us to keep up with the big fellas. But in my mind we are not being outclassed by the better teams, except on occasions/yesterday was one of those occasions. The young core looks promising with Risto, Pysak, McCabe, Reinhart, Eichel, Kane and O'Reilly. The losses can get tiresome but this team is on the upswing even if it doesn't seem that way.
  23. Having patience and taking the longer road is better than the quick fix that in the long run gets you nowhere. Allowing the ingredients to stew slowly is better than being in a hurry and putting the burner on high. The losing can wear you down but by doing things the right way things will work out in the end.
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