NJ: Prosecutor delays Shaneen Allen Trial

[jerkface11]

Odd when I suggested he would do something like that you said that it would exceede his powers as governor. He's still an antigun RINO it's just getting close to an election.

 

[Willie Sutton]

The SG's instructors to Prosecutors is pretty good, and is going to be a very good tool for defense attorneys.

The entire memorandum can be downloaded here. It's as good as it gets for NJ.


http://bloximages.chicago.vip.townn...-11e4-8e6d-6b7e2f563c3b/542330a53c11b.pdf.pdf


This clarification will be a hige assistance to continuing the slow normalization of RKBA rights in NJ. Like other states, we take victory as it comes and keep chipping away at things.


Willie

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[Midwest]

As this is a victory for Shaneen Allen and possibly others. Others disagree, the guys on the NJ Gun Forums bring up the point that if she went to trial it would have have been far worse for the state in the long run. In essence it would have helped NJ gun owners if she went to trial.


http://njgunforums.com/forum/index.php/topic/72409-shaneen-allen-gets-pti/#entry913777

"They bailed on the hardball approach only because it shined a spotlight on the unjustness of our laws here. had it gone to trial, they'd have lost a LOT of ground."

Another one said that the "Ray Rice Video" also helped Shaneen.
.

 

[Willie Sutton]

Ther's no question that the public controversy over this case as expressed in social media was a huge player in influencing this clarification from the AG to the prosecutors. Bottom up democracy does work after a fashion.



"the guys on the NJ Gun Forums bring up the point that if she went to trial it would have have been far worse for the state in the long run. In essence it would have helped NJ gun owners if she went to trial"

I disagree about the rationale thinking it would have been better off going to trial. She's *guilty* of the charges and proving that would be easy. There's no real chance of a jury nullification in NJ. All that would be addressed after the slam-dunk guilty verdict would be the sentencing phase, and a jury of her peers has no influence in that. So I think that this is the best possible outcome. It puts the prosecutors on notice that they are expected to use their discretion, as opposed to having it available but categorically refusing to use it. Read the full memorandum for interest.


Willie

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[g.willikers]

If there's anything left of the $65K of her defense fund, maybe it could be used to unseat the DA and the Judge of this case.
It would seem that neither one has the ethics or good sense to hold their respective office and public trust.

 

[DeadMoneyDrew]

If there's anything left of the $65K of her defense fund, maybe it could be used to unseat the DA and the Judge of this case.
It would seem that neither one has the ethics or good sense to hold their respective office and public trust.

Nice thought, but I think the best way to spend any remaining funds is to give them directly to Shaneen, since apparently she lost her job during this ordeal.

 

[g.willikers]

That is a nice thought, too.
Maybe both can be accomplished with a couple of new fund raising efforts.
With the cost of legal fees, these days, there might not be much left in the defense fund.

 

[Willie Sutton]

If there's anything left of the $65K of her defense fund, maybe it could be used to unseat the DA and the Judge of this case.


Neither is an elected position in NJ. Judges in NJ are appointed but need to be reappointed periodically. It's a strange system but in any case there's no "unseating" to be done. Ditto the DA.



Christie detractors might note that in a similar case, the Brian Aitken case, Christie both issued an Executive Clemency order, and did not reappoint the sitting judge in only the second incident of a sitting judge not being reappointed. He's got a pretty good track record when it really comes down to where the rubber meets the road. He's pretty intolerant of idiocy,


My original inclination was to believe that this would be what would happen here as well, with gubernatorial action taken after the wheels of justice ground to their conclusion. Christie is, of course, a former federal prosecutor who specilized in putting corrupt NJ state officials in prison with a 100% win rate. He's no favorite of the corrupt NJ political machine, as many of the sitting legislators have buddins in jail who were put there by the Governer in his former position. He's a square guy. His tendencies are to let the bad buys hang themselves completely and then hammer them without mercy, so I expected him to bide his time, let the trial go to it's conclusion, and then issue another clemency order and let them cry about it. I'm pleased that the AG clarified with the memorandum the expectations of the State of NJ in a way that is more compelling towards guiding against further miscarriages of justice in advance rather than being reactionary after the fact. It;ll be less painful for eveyone in the meanwhile. Might get a few others out of the slammer as well who are already serving but who may be able to use this to advantage to be admitted to PTI or have their sentences reduced to the one year alternative.

It's a good day in NJ. One more small incremental improvement.


Willie

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[Tom488]

The entire memorandum can be downloaded here. It's as good as it gets for NJ.

Better link:
http://www.njdcj.org/agguide/directives/Graves-Act-clarification-2014.pdf