Post By gasmitty
January 25th, 2013 09:08 PM
Official Zealous D.A. Thread
Often when we're discussing scenarios or weighing out contingencies of what a person should, could or might have done if he/she were the protagonist in a defensive anecdote, sometimes we'll mention the consequence of our actions in light of the over zealous district attorney (D.A.) We'll say things like, "well if you do that, a D.A. might do this or that and hang you by your toenails". I don't doubt that there are over zealous D.A.s out there trying to make a name for themselves. I don't doubt that an over zealous D.A. could care less if he has to sacrifice a law abiding citizen as a way to make a name for him or herself. I would like, however, to examine this and put the rubber to the road in a sense. I'd like to hear of real life stories where an over zealous D.A. pulled out all the stops to convict someone that was justifiably defending themselves. If at all possible, post a link to the story if there is one published on the internet. If not, just share what you know about a situation but do all that you can to keep the story honest and refrain from embellishing. If you're sharing something about persons that you know, you might want to refrain from using real names just to be safe - as a way to avoid libel.
I think it'll be interesting to see what D.A.s have gotten by with but this is by no means an effort to trash-talk lawyers or the profession, thereof. Let's please also avoid trash talking judges as well as LEOs or this will be a real short thread - as it will be a prime lock-down candidate per an administrator shutting it down.
January 25th, 2013 10:50 PM
Here's one to get you started: Harold Fish Defense
You may have to read through a lot of the associated links to find the notes of the prosecutors' office meetings, but this case clearly fits the "over zealous prosecutor" description, IMO.
NRA Endowment Member
January 25th, 2013 11:21 PM
Thanks, gasmitty, I'll be sure to look it over. ;-)
January 26th, 2013 02:17 AM
Locally, I've seen quite the opposite. Folks that I thought would face charges did not. Not that I necessarily minded in the cases it happened in. And in at least one the details the news reported were quite different than the final statement from the DA. I don't have any news reports, but there was a local incident where the responding officers had to convince the DA not to press charges. From what I heard he was gung ho to prosecute on a clear cut SD shooting.
I prefer to live dangerously free than safely caged!
"Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"
January 26th, 2013 02:37 AM
When you have to shoot, shoot. Don't talk.
"Don't forget, incoming fire has the right of way."
February 10th, 2013 04:05 PM
Withheld relevant DNA evidence to win. It makes you wonder how often this happens. How often does it occur and no one cries foul? I wonder how many go through before one is ever prosecuted for such?
Originally Posted by msgt/ret
February 10th, 2013 04:15 PM
My son works with a lot of AGs and he says they are sticklers at making sure they cover all the bases before arrest/prosecution.
Retired USAF E-8. Lighten up and enjoy life because:
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid...
"For What It's Worth" Buffalo Springfield
February 10th, 2013 06:56 PM
I worked on this case with Nick Marsh. It's not nice to speak evil of the dead, so I will bite my tongue.
Nicholas Marsh, Ted Stevens Prosecutor, Dead In Apparent Suicide
I was not involved in any way in the withholding of evidence and did not know it was happening at the time.
I busted a mirror and got seven years bad luck, but my lawyer thinks he can get me five.
-- Steven Wright
1950 Colt .38 Police Positive Special
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