Aaron Hernandez And The Weird Legal Doctrine Of Abatement Ab Initio

The predator priest, the corrupt CEO, and the murderous Patriot, all innocent because they’re dead….

Massachusetts judge Judge E. Susan Garsh ruled that the state’s law required her to vacate the 2015 murder conviction of former New England Patriots star Aaron Hernandez. Because Hernandez’s appeal was pending when he committed suicide in his cell, she said,  the common law doctrine known as abatement ab initio applied: a defendant’s death before an appeal erases his conviction. Prosecutors argued that Hernandez’s purpose in hanging himself on April 19 was to to void his conviction, but Judge Garsh responded that she was bound to follow state law anyway, especially since Hernandez’s motives were unknown. She had presided at the trial in which a jury found Hernandez  guilty beyond a reasonable doubt of the murder of semi-professional football player Odin Lloyd.

The fact that some legal and ethical puzzles have proven unsolvable despite troubling lawyers, judges, legislators and scholars for decades (and sometimes centuries) is one of the best proofs I know for The Ethics Incompleteness Principle, which holds that no rule or principle makes sense in all circumstances, and that human beings are incapable of articulating perfect laws and rules that will work as intended in every case. Abatement ab initio is a classic example.

Abatement is the dismissal or discontinuance of a legal proceeding “for a reason unrelated to the merits of the claim.” It is available in both a civil and  criminal context. Traditionally, the death of a criminal defendant following conviction  but before an appeal can be made mandates abatement. The effect of  the doctrine is to discontinue all proceedings  and to dismiss the appeal as moot, overturn the conviction, and dismiss the indictment. The deceased defendant reverts back to his status before being charged. In the eyes of the law, he is innocent…again. Continue reading →

Finding His Country In The Jaws Of A Values Crisis, It’s Richard Dreyfuss To The Rescue! or, “This Was No Boating Accident!” [UPDATED]

Several episodes in the news this week had me pondering a post about whether the hysteria of “the resistance” has caused a critical mass of Democrats and progressives to lose their grip on basic ethical values, like decency, tolerance, respect, proportion, democracy and citizenship competence. These were all ethics alarms, perhaps especially for liberal Americans with integrity, warnings that their side of the ideological divide is not merely spinning off its axis, but spinning into insanity.

Ethics Alarm #1, and the worst by far, was this astounding scenario out of Newton Massachusetts.

Newton District Court Judge Mary Beth Heffernan freed a previously deported Uber driver accused of three charges of rape on minimal  bail even after a prosecutor insisted that federal immigration agents were drafting a detainer and asked for higher bond to hold him. Tapes of this week’s hearing revealed the judge cutting  arguments short, and before a defense attorney could even counter the prosecution’s $100,000 bail and GPS-monitoring demand, declalred, “Twenty-five hundred dollars cash.” She then set a follow-on court date  and asked, “Is he going to make the bail today?”

On the tape, someone in the courtroom is heard calling out, “Yes.” Heffernan then asked a court employee, “Can you take bail downstairs? Sometimes they won’t, they make them go back out to the House of Correction at 4 o’clock.” The defendant, Luis Baez, promptly disappeared, which was the evident goal of the judge. She was more concerned with allowing an illegal, already once deported immigrant avoid ICE arrest than  protecting the citizens of Massachusetts.

Baez was accused of raping a drunken Boston College student who had hailed his Uber car. Middlesex Assistant District Attorney Raquel Frisardi told the judge that Baez took the young woman to a parking lot and other sites, and raped her three times.. He then dropped his victim  at Boston College, where she reported she had been raped. Baez was introduced to the judge as “somebody known to the Boston police gang unit as having previous involvement in the Mozart Street Gang, someone who had been previously prosecuted and in fact previously deported.”

She didn’t care about any of that. Judge Heffernan, a judicial appointment of Obama pal, former Governor Deval Patrick, was a former public safety secretary in his administration who had resigned in the midst of a scandal. True to her party’s obsession, she was determined to help Baez avoid immigration enforcement.

Ethics Alarm #2 illustrates how warped some even previously warped hyper-partisans have become in their hatred of the President.

Talking on  MSNBC with Chris Hayes about the dangerous situation with North Korea, Hayes, a card-carrying Trump-basher if there ever was one, made the rather obvious statement that he’s “genuinely rooting for” Trump to “handle the North Korea situation well.” Good for Chris Hayes: he’s an American, and partisan hate hasn’t completely eaten his brain. Not Moore though.

“I don’t know if I agree with that,” Moore responded. Moore went on to explain that it is more important to him that Trump fail and thus lose power than for the United States to successfully defuse the rogue nuclear nation and its threat to the world.  “It’s like rooting for a 6-year-old who suddenly swiped dad’s car and figured out how to take it down the road,” the fool stated. “I’m not rooting for the 6-year-old to get on the highway and drive that car. I want the 6-year-old off the highway.”

This accurately expresses the message being broadcast by much of the anti-Trump forces, including the Democratic Party, since the election. They are willing to facilitate almost any damage —in Moore’s case, nuclear destruction—to the nation, its institutions, its stability and the public if it will somehow undo the election, and get Donald Trump “off the highway.” Moore is obviously an extreme case, but when you find yourself in the same camp as someone who thinks like he does, the ethics alarms should be deafening.

Ethics Alarm #3 came in the context of climate change, along with open borders the most intensely and irrationally held tenet of current progressive cant. Continue reading →

Incompetent Elected Official Of The Month: Massachusetts State Rep Michelle DuBois (D-Plymouth)

What is the thinking of people like Massachusetts state rep Michelle DuBois, who authored the above Facebook post? Do they think? Can they think? Aiding an illegal immigrant in evading authorities is obstruction of justice. Do the Duboises of the world really and truly regard facilitating illegal immigration as the equivalent of participating in the Underground Railroad? How did they reach such a fdoolish, counter-factual and warped opinion? Yes, the ACLU comes very close to crossing the line with its published advice to illegals, but it doesn’t actively try to foil legal government action. Even sanctuary cities that pledge not to cooperate with ICE are not actively interfering with the agency, or so they can argue with varying persuasiveness.  Not DuBois, though. As a an elected legislator, she can pass laws, but she can’t declare those she doesn’t like null and void, and defy the rule of law in so doing.

This is obstructing justice. DuBois’s argument to the contrary was beyond disingenuous:

“Passing information along that is already all over the community not only lets the people I represent know what is happening. It lets ICE know that everyone in Brockton is aware of their intended raid if there was one.”

Oh, I see. She made everyone in Brockton aware of the ICE raid so ICE would know that all of Brockton was aware  of it!

Bristol County Sheriff Thomas Hodgson referred to DuBois while testifying before lawmakers on Capitol Hill, saying, “This is the most outrageous, outrageous example of what’s going on across the United States that’s undermining my job and every other law enforcement officer in the United States.”

Dubois belongs right along side Oregon judge Monica Herranz, who allegedly allowed an illegal immigrant to slip out a back door to avoid ICE officials waiting for him, in a jail, awaiting trial. Continue reading →

Ethics Hero: Rep. Stephen Lynch (D-Mass.)

lynch7

 

I am obligated to name as an Ethics Hero any Democratic official  who is principled enough to try to lead his party, its supporters and the complicit mainstream news media away from their current dangerous and destructive scorched earth efforts to destroy the President of the United States.

Ethics Alarms has been calling for responsible leadership in this matter since November 9th, to no avail. President Obama is backing “the resistance,” behaving unlike any previous  ex-President since John Tyler joined the Confederacy. Hillary still has her own confederates calling for preemptive impeachment. The new Vice-Chair of the DNC claims that President Trump can and should be impeached immediately.  The new Chair thinks it fair and honest to call Trump “the worst President” in history after a single month in office, and issues outright lies like claiming the President wants to eliminate overtime pay. (Come back, Debbie! All is forgiven!) Schumer and Pelosi look the other way, or gently applaud, their most outrageous and uncivil colleagues. Senator Warren reads a decades old letter to call a Senate colleague a racist, and becomes a feminist martyr through some twisted logic.

In this vacuum of integrity, statesmanship, decency, fairness and responsibility, even an obscure House Democrats stands out for just meeting minimal standards of fairness and rationality.

Moreover, this obscure House member is from Blue on Blue Massachusetts, where presumably he risks partisan fury for not following the “Trump is Nazi Satan Hellbeast and Must be Detroyed By Fire! ARGHHHHHH! “ narrative.  Congressman Stephen Lynch didn’t exactly celebrate the President’s recent address, he was just open-minded, thoughtful, and responsible—you know, unlike everything else we have heard from his party and colleagues. He said in part,

“I think his words were a significant shift from his previous, sometimes inflammatory rhetoric. I thought he was much more conciliatory.He urged us at one part to get past the trivial differences and work together. That’s not been his mode of operating, at least up until this point.”

Lynch went on to say that he remains skeptical of the President’s agenda and ability to achieve it, and that is fine. He’s a Democrat. He should feel that way.

“We’ll just have to wait and see if his actions are similar to the speech last night, or more akin to what we’ve seen thus far,” Lynch said.

Fair enough. Continue reading →

Coulrophobia Ethics: The Irresponsible Clown Dad

There has been an outbreak of coulrophobia (fear of clowns) for some reason, heightened by pranksters and web satirists taking advantage of one of our periodic societal freakouts as Halloween approaches:

  • Hundreds of students at Penn State set out to hunt clowns this week after rumors that clowns were loose on campus, chanting”Fuck the clowns!”
  • A dorm was evacuated at Merrimack College in North Andover, Massachusetts, after the “Clown Watch” Twitter feed reported a sighting of a scary clown with a rifle. It was a hoax. 
  • In Portland, Oregon, police arrested David Dahlman, 55, for wearing a clown mask and boxing gloves and threatening middle schoolers. This clown charged an assistant principal who intervened.
  • A 13-year-old girl was arrested in Hampton, Virginia., for trying to get a person posing as a clown online to kill one of her teachers. 
  • A 14-year-old boy in Houston was charged with making terrorist threats toward his school using an online clown image.
  • Also this week, several hundred University of Connecticut students  gathered in a cemetery near midnight, ready to do battle with the evil clowns they had heard were hiding among the headstones. Police had to respond, and were not amused.
  • Police in  Lancaster, California warned that men wearing “ugly-looking clown masks” were using kitchen knives to frighten people and then videotaping their reactions.
  • Menacing clowns sightings were also reported in Modesto,  prompting police there to issue a warning to residents saying, “If you see anything or anyone suspicious, including individuals dressed as clowns, to avoid contact and report the circumstances to us immediately.”

Fear of clowns has been a cultural joke for decades. “Seinfeld” had whole storylines based on Kramer’s coulrophobia.Why is this happening now? I have no idea, and neither does anyone else, though CNN came up with five equally unsatisfying theories. Why? Why do birds suddenly appear every time you are near? Why do fools fall in love? Why isn’t Hillary ahead by 50 points?

As long as the fad and its manifestations are in good fun and don’t endanger anyone, there’s nothing to be concerned about, though Stephen King felt compelled to try to calm the madness:

king-tweet(This is rich coming from King, who created the creepiest clown in literature as the villain of his novel “It.”)

Unfortunately, there are always those whose ethics alarms don’t ring. In Auburn, Massachusetts,  a father who followed his child’s school bus from the bus stop, wearing a scary clown mask. The middle school students in the bus were reportedly terrified. He was charged with disorderly conduct and disturbing the peace. Continue reading →

On Climate Change And The First Amendment, Yale’s Law School Dean Gives Us A Reason To Be Very Afraid

I just wrote in a comment thread,

“The one thing that could change my mind to believe that Trump is less dangerous than Clinton is that the trappings of Trump and his followers reek of stupidity, and the trappings of Hillary and her allies are redolent of totalitarianism.”

The effort by Democrats and anti-gun zealots to deliberately breach the Fifth Amendment to allow “pre-crime” anti-gun laws was one example of the Obama/Clinton/Sanders left’s creeping embrace of totalitarian principles.

Here is another.

Over the weekend, Robert Post, the current dean of Yale Law School where both Bill and Hillary learned to be unethical lawyers, authored a shocking 0p-ed for the Washington Post. In it, he attached his influence and credibility to the idea that the government should use the power of prosecution to intimidate opponents of government policy and widely accepted left-wing agenda items. I have never seen such a disgraceful breach of academic prestige. If I were a Yale grad, I would be heavily involved in calling for Post’s resignation.

Post is supporting the attempts by Democratic, climate change policy-supporting attorneys general to target Exxon-Mobil for fraud because the company opposes certain climate change measures. This comes after eco-facists like Robert Kennedy, Jr. and climate change shills like  Bill Nye (The Self-Promoting Not-Really-The-Expert-He- Pretends -To-Be  Science Guy) have suggested that “climate change deniers” should be jailed. That’s not the theory, though. The theory is that Exxon-Mobil has defrauded investors by misleading them about the results of their own research. Thus the company has been hit by demands for documents by the Massachusetts and New York attorneys general to reveal all of that research.

Exxon-Mobil, as well as others, has condemned this effort as an attempt to chill First Amendment debate. Post, who has allied himself with the censors because climate change is “settled science,”  bolsters the political inquisitioners’ deceit. “It may be that after investigation the attorneys general do not find evidence that Exxon-Mobil has committed fraud. I do not prejudge the question. The investigation is now entering its discovery phase, which means it is gathering evidence to determine whether fraud has actually been committed,” the esteemed dean writes.

Cute. Of course, once the precedent had been established that the government can force someone into expensive legal defense for “the fraud” of disagreeing with the pronounced truths of the State, then dissent and political opinion will be repressed, suppressed, and discouraged. Continue reading →

Super Tuesday Ethics: Bill Clinton’s Ultimate Arrogance

laws_for_little_people_anti_hillary_clinton_2016_This kind of thing is what makes people cynical about democracy. Well, this and the fact that Donald Trump can win so many primaries.

In Massachusetts, Bill Clinton clearly violated the law repeatedly by lobbying primary voters on behalf of his wife at polling places. Not only is this against the law in every state, but it is obviously wrong, as in cheating. The law:

Voting and Counting Procedures for the Commonwealth of Massachusetts 

Within 150 feet of a polling place as defined in 950 CMR 53.03(18)(c), no person shall solicit votes for or against, or otherwise promote or oppose, any person or political party or position on a ballot question, to be voted on at the current election.

Never mind—when did trivia like law and ethics ever apply to the Clintons? According to a report filed from boston.com, the former President “chatted up voters, kissed an old lady on the head, posed for photos, and bought a cup of coffee.”   After Bill visited a number of polling stations throughout the eastern portion of the state. Massachusetts officials “reminded” the Clinton campaign about the statute, as if they didn’t already know about it. In New Bedford, Bill Clinton’s presence interfered with the voting, and one annoyed voter videoed the scene and placed it on YouTube. Continue reading →

How Can This Be Unethical, When All Lawyers Are Whores Anyway?

(I just wanted to get this joke out of the way right at the start.)

"Need a lawyer? Here's my card..."

“Need a lawyer? Here’s my card…”

Well, we have read about all sorts of unusual lawyer avocations in Ethics Alarms—the dominatrix lawyer, the hypnotist lawyer, the superhero lawyer, the illegal immigrant lawyer, ethicist lawyer—but I didn’t expect to see this one in my home state.

An already suspended Massachusetts lawyer,  Karen Andrade, has been charged with prostitution after a police investigated a report by a suspicious neighbor and  found online reviews of both the lawyer’s legal services and her escort services. Using the name of “Rose,” Andrade frequently hosted middle-aged men her home, prompting the neighbor’s complaint. One of the men told police that he paid Andrade $150 for sex.

Observations:

  • I knew the legal profession was in a slump, but I never thought it was this bad.
  • Yes, this is an ethics violation. It is breaking the law, assuming she is found guilty.
  • Hooking calls her honesty and trustworthiness into question only because it is illegal. Would she have legal ethics problems if she were a Nevada lawyer, and no law was violated? I don’t think so. Back in 2007, I wrote about Traci Bryant, a.k.a.Anita Cannibal, the porn star who worked her way through law school at a legal house of prostitution. I conclude that if the activity is legal, nothing about prostitution appears to violate legal ethics.

See why I made that joke before you could?

 

The Case Of The Too Candid Catholic Teacher

"You can unzip it, Patricia, when you work somewhere else...."

“You can unzip it, Patricia, when you work somewhere else….”

Apparently I missed another “media firestorm,” so allow me to catch up, particularly since the analysis of this story has been muddled beyond comprehension.

Patricia Jannuzzi, a religion teacher at Somerville’s Immaculata High School, posted this on her personal Facebook page:

jannuzzi-fb-post

This being the internet, after all, someone sent it far and wide, with resulting embarrassment to the school. Jannuzzi, a theology teacher with Immaculata for 33 years, was ordered to de-activate her Facebook page after an online petition   demanded that she be punished. Jannuzzi was placed on administrative leave,  and the school administration notified alumni, parents and students, in a letter that said in part,

“This episode has reflected not only on this teacher but, by extension, on Immaculata High SchoolWe regret deeply any hurt this has caused to any individuals and the negative light in which it has cast our school….Although these were posts to a personal social media page, Immaculata High School recognizes the need to ensure that our faculty, staff and students full understand the behaviors expected of them as members of our community and recognize our intolerance of discriminatory behaviors of any kind.”

Points: Continue reading →

Instant Mini-Train Wreck in Taunton: The Facebook Airsoft Homecoming Photo

Homecoming photo

From ABC:

1. The photo was beyond irresponsible and stupid, and looks more so in the wake of the recent school shooting. It’s creepy, Bonny and Clyde-ish, and the caption, “Homecoming 2014,” could be reasonably seen as a threat.

2. The fact that the guns were Airsoft replicas is irrelevant. My son left one of his Airsoft rifles in a car outside our house, and a virtual police S.W.A.T. team showed up. These toys are close enough to the real thing to be threatening.

3. Generally, punishing students for what they say on Facebook exceeds a school’s authority, but not in a case like this.

4. The punishment is wildly excessive. No threat was intended, no weapons were brought on school grounds. The kids broke no laws. They just used terrible judgment.

5. They needed to get a lecture, an assignment, and maybe a suspension of a single day. Hitting them with ten days and possible expulsion is just typical anti-gun bias and hysteria.

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Pointer: Jeremy Wiggins