Obama’s Appeals Court Nominee Favors Leniency for Sex Offenders and Serial Killers

Obama’s Appeals Court Nominee Favors Leniency for Sex Offenders and Serial Killers

This is a discussion on Obama’s Appeals Court Nominee Favors Leniency for Sex Offenders and Serial Killers within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; ExSoldier's NOTE: AS ALWAYS, all emphasis such as bold and underlines are mine alone. CNSNews.com Friday, June 11, 2010 By Fred Lucas, Staff Writer Washington ...

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Thread: Obama’s Appeals Court Nominee Favors Leniency for Sex Offenders and Serial Killers

  1. #1
    VIP Member Array ExSoldier's Avatar
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    Exclamation Obama’s Appeals Court Nominee Favors Leniency for Sex Offenders and Serial Killers

    ExSoldier's NOTE: AS ALWAYS, all emphasis such as bold and underlines are mine alone.


    CNSNews.com

    Friday, June 11, 2010
    By Fred Lucas, Staff Writer

    Washington (CNSNews.com) – President Barack Obama’s controversial nominee to serve on the Second Circuit Court of Appeals in New York fits the activist judiciary agenda of the administration, Sen. Jeff Sessions (R-Ala.) said.

    U.S. District Judge Robert Chatigny of Connecticut took what many considered extraordinary judicial actions in 2005 to prevent the execution of a serial killer, and the judge also has a record of lenient sentencing for sex offenders.

    Nevertheless, the Senate Judiciary Committee, on a party-line vote, sent his nomination to the full Senate on Thursday. The committee vote was 11-7-1, with only Democrat, Sen. Dianne Feinstein of California, abstaining. All the Republicans voted against the nomination.

    “This president clearly has a view of the judiciary that is contrary to the classical American understanding of the law,” Sessions, ranking member of the Judiciary Committee, told CNSNews.com.

    “He believes, he said repeatedly, that a judge should show empathy. That’s not what a judge is for,” Sessions said. “A judge is a servant of the law. They put on a robe to be dispassionate and apply the law as written.

    “The president grew up as a community activist. He sees courts as part of a process by which political agendas can be advanced. So I’m not surprised that a number of the nominees that have been submitted by this president tend to be consistent with his view with the role of a judge,” Sessions added.
    Most of the controversy stems from Chatigny’s role in the death penalty case of serial killer and rapist Michael Ross, who in January 2005 was slated to be the first person executed in Connecticut in more than four decades. That was before Chatigny intervened in an unusual way for a judge.

    After Ross, who killed eight women ages 14-25, decided to drop all appeals and be executed, the state’s public defender office argued that he was not competent to make that decision – despite previous competency evaluations that showed he was capable.

    Ross then fired his public defenders and hired a private attorney, T.R. Paulding, who had the unusual role of defending his client's right to be executed.

    After the Connecticut Supreme Court ruled in Ross’ favor to proceed with the execution, the public defender’s office brought its case to U.S. District Court, with Chatigny presiding. Chatigny ruled in favor of the public defenders’ argument that Ross had “death row syndrome,” which means the conditions on death row are so unpleasant it caused depression and made him want to die, thus he wasn’t capable of making a life or death decision on his own.

    The case moved quickly to the U.S. Supreme Court, which overturned Chatigny’s decision and ruled in favor of executing Ross in January 2005. Before the high court even ruled, Chatigny spoke to Paulding, Ross’ attorney, in a conference call.

    Judge Chatigny said Ross “never should have been convicted, or if convicted, he never should have been sentenced to death,” according to news accounts citing the transcript of the conference call. Chatigny went on to tell Ross’ lawyer, “You better be prepared to deal with me” and, “I’ll have your law license.”

    After the call, Paulding asked to postpone the execution. The state of Connecticut had to comply, just as it would have if Ross had asked for an appeal.

    After a six-day competency hearing, a state Superior Court judge ruled in April 2005 that Ross was competent to forgo his appeals. He was subsequently executed on May 2005.

    Senate Judiciary Chairman Patrick Leahy (D-Vt.) said that should be the bottom line.

    “All this ignores the fact that the man [Ross] was executed,” Leahy said during the hearing.

    Seven state prosecutors filed an ethics complaint against Chatigny over the Ross case. But a Second Circuit court panel reviewed the matter and found no wrongdoing.

    “It was considered by a panel of the Second Circuit, which determined his actions were not motivated by any bias for or against the death penalty,” Leahy said. “If the public is going to accept the death penalty, we’ve got to be able to make sure that the normal steps are taken.”

    Sen. Tom Coburn (R-Okla.) reminded Leahy that there was no doubt as to Ross’ guilt. Coburn spoke out firmly during the hearing about why he thought Chatigny was not fit to sit on the court of appeals.

    “This judge demonstrated this case was about him and not about the victims or the defendant,” Coburn said.

    Sen. Amy Klobuchar (D-Minn.) said Chatigny took the necessary actions for a death penalty case.

    “Judge Chatigny had to make some very fast decisions on how to deal with this situation,” Klobuchar said. “It was his job to make sure that it was done right.”

    Chatigny is a former defense attorney who was nominated to the district judgeship by President Clinton in 1994.

    During his 16-year tenure as the district judge, he has made a string of controversial decisions. He ruled as unconstitutional Connecticut’s Megan’s Law because it supposedly violates due process rights. The Second Circuit Court of Appeals upheld his ruling.

    However, the U.S. Supreme Court unanimously reversed Chatigny’s ruling, siding with Connecticut to have a sex offender registry.
    Former Army Infantry Captain; 25 yrs as an NRA Certified Instructor; Avid practitioner of the martial art: KLIK-PAO.


  2. #2
    Member Array torgo1968's Avatar
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    And this has what to do with the 2A or gun legislation?

    Again, we see people using gun rights as a proxy for right wing politics. This doesn't help anything.

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    Distinguished Member Array mr.stuart's Avatar
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    I don't see the point of this article. Murderers have been sitting on death row through many administrations,both conservative and liberal,this is nothing new.

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    Exclamation

    Quote Originally Posted by mr.stuart View Post
    I don't see the point of this article. Murderers have been sitting on death row through many administrations,both conservative and liberal,this is nothing new.
    I think there is a distinct correlation in judicial outlook. Those judges and other officers of the Court (prosecutors) who favor leniency to serial killers and child molesters tend to CRACK DOWN on law abiding gun owners who exercise their right to lawful self defense. In my own AO: There was Janet Reno, former State Attorney for Miami-Dade County who usually offered felons an easy ride on their gun convictions while prosecuting to the fullest extent of the law those law abiding who simply defended their lives. She later on went on to become Clinton's Attorney General with similar views. This article in no way refers to those individuals already on Death Row. It refers to this POTUS; whose appointments will affect our right to self defense for a very long time, much longer than his Presidency!

    I kind of like to know the views of those he nominates to all levels of the judiciary. Especially since his current nominee to the highest court in the land is bereft of judicial writings (not having BEEN a judge) on which to EVALUATE her nomination. More so since Obama has hinted he might exercise Executive privilege and deny the US Senate access to the necessary documents by which he picked her to sit on the US Supreme Court! Don't you think that just MAYBE an examination of his other appointments and nominations could give us an idea of the type of judicial philosophy he looks for in making appointments?

    DO YOU SEE THE RELEVANCE NOW?
    Former Army Infantry Captain; 25 yrs as an NRA Certified Instructor; Avid practitioner of the martial art: KLIK-PAO.

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    Member Array torgo1968's Avatar
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    Quote Originally Posted by ExSoldier View Post
    DO YOU SEE THE RELEVANCE NOW?
    NO, I don't. This THREAD is for 2A discussion. That ARTICLE has NOTHING to do WITH gun rights.

    CAPS LOCK.

  6. #6
    Distinguished Member Array mr.stuart's Avatar
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    Quote Originally Posted by ExSoldier View Post
    I think there is a distinct correlation in judicial outlook. Those judges and other officers of the Court (prosecutors) who favor leniency to serial killers and child molesters tend to CRACK DOWN on law abiding gun owners who exercise their right to lawful self defense. In my own AO: There was Janet Reno, former State Attorney for Miami-Dade County who usually offered felons an easy ride on their gun convictions while prosecuting to the fullest extent of the law those law abiding who simply defended their lives. She later on went on to become Clinton's Attorney General with similar views. This article in no way refers to those individuals already on Death Row. It refers to this POTUS; whose appointments will affect our right to self defense for a very long time, much longer than his Presidency!

    I kind of like to know the views of those he nominates to all levels of the judiciary. Especially since his current nominee to the highest court in the land is bereft of judicial writings (not having BEEN a judge) on which to EVALUATE her nomination. More so since Obama has hinted he might exercise Executive privilege and deny the US Senate access to the necessary documents by which he picked her to sit on the US Supreme Court! Don't you think that just MAYBE an examination of his other appointments and nominations could give us an idea of the type of judicial philosophy he looks for in making appointments?

    DO YOU SEE THE RELEVANCE NOW?
    I am trying to see the point.I understand you are an educator, but I have learned to really look for truth and proof before I believe something. You mention the judges and officers of the court that are lenient to serial killers and molesters tend to crack down on lawful self defense cases. Where could we view repeated cases where this happened? As in hundreds or thousands of cases. So far as Janet Reno,what exactly did she do to persecute gun owners and people who defended themselves? I am not trying to insult you. Maybe we can learn something here.

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    Wink C'mon, you're kidding... right?

    Quote Originally Posted by mr.stuart View Post
    I am trying to see the point.I understand you are an educator, but I have learned to really look for truth and proof before I believe something. You mention the judges and officers of the court that are lenient to serial killers and molesters tend to crack down on lawful self defense cases. Where could we view repeated cases where this happened? As in hundreds or thousands of cases. So far as Janet Reno,what exactly did she do to persecute gun owners and people who defended themselves? I am not trying to insult you. Maybe we can learn something here.
    I'm still referring to this particular Judicial nominee as a bellwether as to what kind of Justice on the USSC KAGAN might be. The secondary thread was that Prosecutors of the DEMOCRAT vein have a HISTORY of prosecuting cases across the land against law abiding gun owners. Might this be because the overriding mantra of the Democrat Party is overwhelmingly anti firearm AND anti lawful self defense? That is true not only in South Florida but everywhere the Democrats have the political power and have held it for generations.

    Rather than having me show you where Democrats have persecuted law abiding gun owners, you show me where they have NOT. Show me where LIBERAL DEMOCRATS have held for the individual right to keep and bear (means OWN and CARRY) arms and use them in lawful self defense. I would point you in the direction of DC's onerous gun laws since 1977, epic failures yet they persist, because the object isn't crime control it is simply CONTROL. How about the law's in CHICAGO now under fire in the USSC. If the liberals had the power, NOW, in that court, how do you think they would interpret the 2nd Amendment?


    "Look for proof," okay I can respect that. But I LIVED IT IN MIAMI DADE COUNTY FOR MY WHOLE LIFE and I watched as Reno and company sent folks to the poor house (in defending themselves from the law) or to Jail because they hadn't crossed the right "t" or dotted a certain "i" under the "law."

    In every instance of a citizen trying to defend his life during her tenure as State Attorney she brought charges which SHE KNEW the state would lose but which would drive the defendant into near bankruptcy.

    This was to send a chilling message to the citizens of Miami Dade County that using a gun leads to ruin no matter what the justification. There was a case in Liberty City (depressed area of town) where a store owner had been robbed so many times he finally rigged up a TRAP, a steel grate wired into an ordinary outlet. The bad guy once again tried to break in, this time by chopping a hole in the roof of the establishment. He dropped onto the grate, completed the circuit and.... the autopsy said the fairly low voltage meant he'd probably bounced around on the wire for a couple of hours before "expiring."

    Reno brought charges of 1st degree murder which may seem reasonable but at this time the crime in the County was so far out of control so as to be revolting and the RATS in charge not only couldn't stop it but they were busy trying to keep everyone from defending their own homes and businesses from the marauding scum.

    Then there was the guy whose auto repair business was hit so many times that he finally took to spending the night. One night he was there when it was hit. He fired a whole magazine and Reno ruled EXCESSIVE FORCE and prosecuted. Ruined the guy's life. That wasn't an exception it was the rule and it led to a revised state law... read on...

    The Grand Jury finally began sinking the state's cases against law abiding citizens so fast RENO'S head swam. That was because the public outcry was so loud that finally the politicians knew they were warming up the tar and chicken feathers....

    THAT is the reason that FL is the leader in laws like the SHALL ISSUE CCW law in 1987 and later on the amended Castle Doctrine laws that are now sweeping the nation. FLORIDA'S law specifically prevents an over zealous Prosecutor from filing on anybody where the facts meet the level of viable self defense. It also prevents the estate of a perp from mounting any action for wrongful death as a result of the deceased felon's criminal action against the defender. ALL of that springs directly from Ms RENO. Who cried out against the amended laws? The DEMS like Kendrick Meek (former State Trooper) currently running for the Democrat nomination for the US Senate in Florida.
    Former Army Infantry Captain; 25 yrs as an NRA Certified Instructor; Avid practitioner of the martial art: KLIK-PAO.

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    VIP Member Array Hiram25's Avatar
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    After the Connecticut Supreme Court ruled in Ross’ favor to proceed with the execution, the public defender’s office brought its case to U.S. District Court, with Chatigny presiding. Chatigny ruled in favor of the public defenders’ argument that Ross had “death row syndrome,” which means the conditions on death row are so unpleasant it caused depression and made him want to die, thus he wasn’t capable of making a life or death decision on his own.

    If this works for him, every inmate on Death Row will claim "death row syndrome" and site this case as precedent. This would give every convicted death penalty inmate a way out of their execution, thus over turning the sentence of the Jury which would defeat our whole system of criminal law pertaining to capital punishment.
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