Update number 3 on "Guilty" and my Apologies to All for a 3rd Thread!

Update number 3 on "Guilty" and my Apologies to All for a 3rd Thread!

This is a discussion on Update number 3 on "Guilty" and my Apologies to All for a 3rd Thread! within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; My Appologies to all the Admins and Mods for starting a 3rd Thread on the Same Subject. This one has been personal as noted in ...

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  1. #1
    Member Array JBozeman's Avatar
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    Update number 3 on "Guilty" and my Apologies to All for a 3rd Thread!

    My Appologies to all the Admins and Mods for starting a 3rd Thread on the Same Subject. This one has been personal as noted in the first "Guilty" Post!

    I am stunned and cannot believe what I have just read. When a jury watches a guy pump 4 rounds into a defensless individual, how can you rule as they have.


    June 30, 2009


    Jury: Give Millbrook father's killer life without parole

    By Marty Roney

    An Elmore County jury has recommended convicted killer Calvin McMillan receive life in prison without parole for killing a young Millbrook father.

    The jury had the choice of recommending the death penalty or life in prison without the possibility of parole for McMillan, 20, of Opelika, who was convicted Friday of two counts of capital murder in the shooting death of James Bryan Martin, 23, a father of two.

    The jury voted 8-4 in favor of recommending the sentence of life without parole. Circuit Court Judge John Bush can either accept or override the jury’s recommendation. Bush has set sentencing for 9 a.m. Aug. 7.

    Defense attorney Kenny James feels the jury made its decision based on evidence of abuse McMillan suffered.

    “We’re still looking at life in prison without the possibility of parole, which is a serious sentence,” James said. “Obviously we got to eight of the jurors, who voted for life without over the possibility of a death sentence. I think the jury weighed the evidence of the abuse Calvin McMillan suffered and made the proper decision.”

    Prosecutors will begin work to ask Bush to override the jury’s sentencing recommendation in favor of the death penalty, said District Attorney Randall Houston.

    “It’s not over. That’s what I told the family,” Houston said. “We’re now going to work to gather facts to present to the judge on August 7th and ask him to implement a death sentence.”

    Houston, who has been a prosecutor in the 19th Judicial Circuit for more than 20 years, doesn’t recall a judge overriding a jury’s recommendation for life in prison without the possibility of parole.

    Several members of Bryan Martin’s family quietly cried after the decision was announced.

    “Obviously they are disappointed,” Houston said. “They were expecting a death penalty sentence, but they realize this is our system, this is how it works.”

    Bryan Martin was gunned down the night of Aug. 29, 2007, in the Millbrook Wal-Mart parking lot. Prosecutors proved that McMillan killed Martin during the theft of Martin’s 2004 Ford F-150 pickup.

    “Calvin McMillan lay in wait for 40 minutes for a defenseless victim in a public parking lot,” said James Houts, chief assistant district attorney, in his closing arguments this morning. “Bryan Martin was there to buy diapers and baby wipes. Calvin McMillan valued a car more than a human life. He dumped James Bryan Martin in the parking lot without blinking an eye.”

    The prosecutor seemed to look ahead to the defense’s closing. In the evidentiary portion on the penalty phase, the defense presented evidence that McMillan was a victim of physical, psychological and sexual abuse throughout his youth and teenage years.

    “Calvin McMillan is not deprived. He’s depraved,” Houts told the jury.

    McMillan’s attorney told the jury that they must consider McMillan’s background.

    “Calvin McMillan sits there guilty of two counts of capital murder because of the way he was raised,” James said, as he turned to point to his client. “Calvin McMillan chose to get a gun and chose to steal a car, but you are the result of your childhood.”

    James acknowledged that McMillan is responsible for Martin’s death. “This is about the appropriate sentence given the background Calvin grew up in,” James said. “Calvin is not an animal. He is a human being. You can lock him in a cage like he is an animal for the rest of his life. That’s what needs to be done.”
    So the beat goes on and there is no justice and there is no fear in the land! Eat, Drink, Kill and be happy, we will house you for the rest of your life. God help us because nobody else will!

    Thanks for reading this folks
    Take Care
    Boze
    Boze
    "If we lose freedom here, there's no place to escape to, this is the last stand on earth." Ronald Reagan

    "Gentlemen, Prepare to defend yourselves" SGM Basil Plumley


  2. #2
    VIP Member Array obxned's Avatar
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    In the evidentiary portion on the penalty phase, the defense presented evidence that McMillan was a victim of physical, psychological and sexual abuse throughout his youth and teenage years.

    So if this caused the violent act, then in the interest of public safety, anyone who has been a victim of abuse must immiadiately be locked up forever. However, if victim of physical, psychological and sexual abuse still have the ability to choose their actions, then only murderous scummoids need to be sent away 'til pigs can fly.

    Either way, this creep needs to be someplace where even sunshine is on backorder, or sent the the special place right by the furnace that is reserved for people like him.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  3. #3
    VIP Member Array zacii's Avatar
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    Capitol punishment; something we can all live with.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

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    VIP Member Array miklcolt45's Avatar
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    BS!

    So all the victims of physical abuse, or psychological abuse, or sexual abuse have an excuse to any dadgum thing they want?

    BS!

    I know too many people who overcame their 'raisings' to buy this load of horse manure. And I read enough about people who had wonderful families and end up killing people...I guess they overcame their 'raisings' too.
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
    Albert Einstein

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    Ex Member Array BikerRN's Avatar
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    I know too many people who overcame their 'raisings' to buy this load of horse manure. And I read enough about people who had wonderful families and end up killing people...I guess they overcame their 'raisings' too.
    Me too.

    Biker

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    VIP Member Array mlr1m's Avatar
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    There could be other reasons for the jury's decision. They could be thinking of the possibility of a death sentence being over turned. In the case the person would probably be givin a life sentence and become eligible for parole. It has happened before.

    By sentencing him to life without parole maybe they are trying to make sure he will never be able to get out. Even that may not work though. Here in Okla the parole board has already once reccomended a prisoner for parole who had been sentenced to life wothout parole.

    Michael

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