Justice misfires over gun

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Whose a legal eagle here?

Common' guys, The guys father had presented the firearm as a gift.. sure he was a IDIOT for giving his son a pistol, but I didn't read a single issue about the woman even CONTACTING her exfather-in-law about returning the pistol to the RIGHTFUL owner- the exfather-in-law. Personally been divorced 2x, and just got thru a long stretch of child support costing $1200 per month for 2 kids.I know about a greedy ex. IMHO, the reporter of the story sensationalized the whole affair- more than likely the female got a little catty with the Judge. Seen that happen to my kids mother, jail time and all.
 
Looks like they were both playing a game of Who's the Boss and both got caught up in their own egos.
Personnally I believe either of them
Swift said he asked whether the pistol could be given to Duff to transfer, "so that we wouldn't be the ones breaking the law."
In '92 I was arrested for politely asking one cop to please let me answer his partner's questions before I addressed his.
I believe my exact words were "Shut the **** up @@@hole, I can only talk to one *&@^head at a time and I'm talking to your ****buddy right now

Disrespect is in the eye of the beholder
 
Another Judge with the miniature King complex, (I control everything in my realm, and I am always right!!!!!), how refreshing!!!!

Perhaps this will teach her to flush out her headgear every once in a while.
 
Sent the following letter to the Post-Dispatch:
"Having read Paul Hampel's article, Justice Misfires Over Gun, in the Saturday Post-Dispatch, I cannot help but wonder if it is standard practice in Missouri for a judge to order a person to violate not only state law but also Federal law, and then to jail that person for refusing to do so.

I am sure Duff will feel dutifully chastised by your letter since this happened in Illinois.
 
Beth Ritchie is guilty of stupidity at the least (for being too cheap to hire an attorney) and aggravated ignorance at the most (for trying to argue with the judge).

Look at the timeline in the article:

The Ritchies got married in 2002 and divorced last year.

That makes the year of the divorce 2004. Obviously the pistol as granted to the husband as part of the marital settlement agreement then. However;

Beth Ritchie said she did not know of her husband's felony convictions until she opened a letter in 2003 from the Illinois State Police declining Tim Ritchie's request for a Firearm Owner's Identification Card.

A year before the divorce, Beth Ritchie knew her husband was a prohibited person and allegedly did this;

Beth Ritchie said that, without her husband's knowledge, she had asked her father, Richard Swift, of Grafton, to take the pistol out of the couple's house in 2003.

So, I have to ask; If Beth Ritchie knew her husband was a prohibited person in 2003 and was:

"I was worried about Tim having the gun there, that it was illegal and could get us both in trouble," she said

Why wasn't the issue of Tim Ritchie being a prohibited person addressed when the property was divided in the original court action? She admits that she knew Tim Ritchie was a convicted felon and prohibited from possessing firearms in 2004 when the divorce was filed. One could assume that maybe she was just banking on the fact that the court would look at Tim Ritchie's felony conviction and say she could keep the pistol (which she had already transferred to her father). Even though Tim Ritchie is a convicted felon and couldn't personally possess the pistol, he still could have exercised control over it's disposition as it was awarded to him in the original divorce settlement.

It's not very smart to go to court on a hearing where you have to show cause as to why you didn't comply with the original court order represented by your father (unless your father is an attorney).

You have to know how business is conducted. Perhaps if she had hired an attorney to represent her and file a motion asking that the contempt charge (for violating the original court order awarding Tim Ritchie the pistol), be dismissed and proposing that she either pay Tim Ritchie the value of the pistol or transfer the pistol to someone Tim Ritchie designated who had a valid FOID card and could legally possess the pistol. Instead of:

Beth Ritchie said she had mailed certified letters a month before Thursday's hearing to three court officials - Associate Judge Nelson Metz, State's Attorney Bill Mudge and Circuit Clerk Matt Melucci - informing them of the legal dilemma over the pistol. She said she followed the letters up with calls but never heard back from the officials.

Her plea may actually have been part of the case before they ever got to court.

As for the contempt of court that allegedly caused Beth Ritchie to be jailed, since there is no court reporter and no transcript, it's her and her father's word against the judges. Circuit judges are appointed, then stand election to be retained in their jobs. Perhaps the poeple of Madison County should remember this....

Once again the old adage that says something about the person who acts as their own attorney has a fool for a client is proven...

308 Win;

The county seat of Madison County is in Edwardsville. East St Louis is in St Clair County, one county to the South.

Jeff
 
I am sure that the gun in question could have been delivered to the husband's qualified designee with no problem, but the individual responsible for its removal didn't want to resolve the problem. She wanted (her father) to keep the gun.
Sorry, but on the basis of the article, all she and her father asked was a way to comply with both the court order and the law. The article states that they offered to turn the gun over to the judge and allow the judge to then convey it to the husband, but the judge refused.

As to how the judge might verify that the husband was an ex-felon -- he was in the court. Not to belabour the obvious, but ... she could have asked him.
 
You still haven't read the article.

It clearly states that when the father of the defendant approached the bench he saw the letter in question already in front of the judge.

Yep, that's exactly what dad told the reporter, uh-huh. Now dad wouldn't lie, would he? Of course not, after all he didn't have anything to gain.

DM
 
The article states that they offered to turn the gun over to the judge and allow the judge to then convey it to the husband, but the judge refused.
Actually he asked if she could be the one to break the law by returning it to the ex. And we don't know the tone or exact words he used.

Clash of egos
 
Perhaps turning the gun over to the judge strikes you as a good solution, Hawkmoon, but I'd prefer that judges stay out of the chain of custody. It sounds as if this "offer" was a cynical rebuff to the judge's order, rather than an attempt to resolve the issue in good faith. The gun could have been delivered to the other party's father who gave it to him, or even to a dealer for resale with proceeds to the rightful owner.

All of you who think (based upon information in the article) that Mr. Swift should be able to keep the gun, please chime in.
 
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