Wednesday, March 19, 2008

March 19

Five Four teens are guilty in the Sarah Kreager beating. A fifth teen was found guilty of second-degree assault (a misdemeanor) against Kreager's boyfriend.

There's some funny business about the gun that the late Curtis Blache used in his cops vs. robbers shootout.

PDJ: Jeffrey G.A. Stimson was charged with possessing and distributing kiddie porn, and is now out on bail.

24 comments:

Donald C. Wright said...

Actually, 4 0f the 5 were guilty. One of the kids, the one I represented, was found not guilty of beating Kreager.

Donald C. Wright said...

www.wrightlegalgroup.blogspot.com

Caederus said...

Ok you client was not found guilty of beating Kreager, but was found guilty of beating her boyfriend.

Sean said...

From the Sun: "A fifth student was found involved for the reckless endangerment of Kreager and for second-degree assault and reckless endangerment against Ennis."

Donald C. Wright said...

He was found involved in 3 small misdemeanor counts out of 19 charges against him, including acquittals on ALL of the felony counts.

Sean said...

Am I right that this is the relevant Maryland statute?

§ 3-203. Assault in the second degree.

(a) Prohibited.- A person may not commit an assault.

(b) Penalty.- Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

Doesn't sound exactly "small."

Caederus said...

per the Examiner " A fifth student, a male, was convicted of second-degree assault against only Ennis". Funny I thought 2nd degree assualt was a felony. But maybe in the Juvenile system it's not a felony. But he has still been convicted of hitting someone. Stop trying to spin it so that your client is as innocent as a babe.

The whole buss beating incident reminded me of a small riot I saw as a kid. Anyone in that riot could/would have thrown a punch at the focus of their rage, but only a select few could. Why you ask? Because the other rioters were in the way. Were less guilty because they couldn't thow a punch? Yes. They did not throw a punch so there was no assualt.

I never did learn what it was about or what the outcome was for those arrested. I just have some very vivid memories of the event, like riding my big wheel in the alley afterward amoungst the police cars, and seeing a bare chested man with blood running down his chest telling the officer "They said they were going to cut my heart out". Riots are ugly, and the buss incident sounds like a riot.

ppatin said...

You were the lawyer for one of those shitbirds and you actually have the nerve to pop up on here? Tell me, are you proud of the fact that you dragged a woman's name through the mud in order to get your client off? Do the lies you tell ever bother you when you go to sleep at night?

ppatin said...

Quote of the day:

"But prosecutor Dawn Jones said it was absurd to think Ennis used a racial slur on a bus packed with 40 black students.

“In that situation, the grand wizard of the Ku Klux Klan [wouldn’t say] the n-word,” Jones said."

Caederus said...

Sean,

Thanks for the clarification on 2nd degree assualt being a misdemeanor. I did not know that.

ppatin said...

Whoa, you can (theoretically) go to prison for ten years for a misdemeanor? I thought anything that carried a potential sentence of more than a year was a felony.

Caederus said...

ppatin,

I was of the same opinion on the Felony means potential for greater than 1 year in jail.

As for people defending the teenagers, just look to the Feb 22 comments and you will see a number of people who were fully behind the teenagers' view of things. For what ever reason some people think that this internet watering hole carries enough weight in the real world to go to the effort to spin things.

Mr. Butterworths said...

re: www.wrightlegalgroup.blogspot.com

what the eff is this?

"If you have a blog, you have a lawyer"

Sean said...

When Chris Webber of the Washington Wizards was charged with a misdemeanor felony charge, the Washington Post wrote this:

"Although classified as a misdemeanor under Maryland law, the second-degree assault charge carries a maximum sentence of 10 years in prison and a fine of $2,500."

So yeah, pretty stiff penalty for a misdemeanor. I'm not familiar with any others that carry such.

Caederus said...

Mr Wright,

If this is your legal group's blog you might want to remove the Boxing interviews. If not, it begs the question; What are you a Lawyer or a boxing reporter/promoter?

Personally I would want a lawyer more focused on say "The Law"

Sean said...

Nah, see, the boxing stuff is for his clients. You know, how to fracture an eye socket, etc. Come on, it's too perfect!

Donald C. Wright said...

I appreciate all the comments and feedback you all have regarding this case. I understand negative sentiment toward the defense in a disturbing case like this.

But please consider this, criminal defense attorney are the only people in the criminal justice system who enforce our civil rights under the Constitution.

Also, my defense theory was not to smear the victims. It was to point out that regardless of who started the fight, EVERYONE agreed that the young man I represented did not start it. He also never layed a finger on Ms. Kreager.

Second degree assault is a misdemeanor, the punishment portion of that statute is not applicable in juvenile court. Most first time offenders convicted of this misdemeanor in juvenile court receive probation.

There are different levels of culpability involved here. Certainly the person who busted open Ms. Kreager's eye should be held more accountable than someone who acted disorderly in response to the chaos, but was not involved in the vicious attack.

I submit to you all that this is exactly how our system of justice is designed to work. Defendants are entitled to a vigorous defense. But when everyone does their jobs properly, as the prosecutors have done in this case, the guilty are convicted, and the innocent are let go.

Again, I do appreciate all of your comments, as well as the forum this site provides to discuss the most debilitating problem our city faces. Indeed, I'm sure my views on crime and punishment are not too different than many of yours. My point is that a solid defense and justice are not mutually exclusive concepts.

As for the boxing question, I am a contributing writer for www.boxingtalk.com

John Galt said...

The American adversarial style of justice posits that within a fully competitive forum, the truth and therefore, justice, will emerge.

But that's only in a very competitive quest for the truth.

When large numbers of witnesses either a) collude or b) are coerced into fabricating a falsity, a Continental style of law, in which tribunals of judges seek out their own truth in a less impartial manner, may serve best.

Personally, I would not want to have my justice depend on a Baltimore judge's ability to weigh the truthfulness of testimony of a co-ordinated bunch of inner-city kids from Robert Poole Middle.

Translation: dont ride the MTA buses without a squad of riot police or until martial law is imposed in Baltimore.

Sean said...

Well, I DO have to commend you for posting on this blog. And I think your points are actually pretty well made. Also, where can I find the sentencing guidelines for juvie cases? I assumed there must be a different standard applied.

Also... how did you get on this case? According to your website, "The Wright Law Group focuses exclusively (emphasis added) on intellectual property matters including Patents, Trademarks, Designs, Unfair competition, Trade Secrets and related Licensing, Contracts, Administrative Proceedings, Audits, Valuation and Due Diligence Investigations."

ppatin said...

Galt:

While I like your pro-law & order views, there's something I've got to ask. Since you loathe Baltimore so much, why don't you move?

Donald C. Wright said...

I do not loathe Baltimore at all. I love this City. It is sad to see it struggle so mightily with crime, drugs and poverty.

I knew mine would not be a popular entry on this site. I understand people's anger at the perpetrators of crime, and even towards those that defend them. My only suggestion would be to use that energy in a positive way. Like keeping the dialog going on sites like this.

I also wanted to give a different perspective. It doesn't have to be us against them all the time. Laws can and should be enforced in a way that reflects our values as Americans. (Skilled) police can solve crime without violating the constitution. Likewise, if the police, prosecutors, judge and juries all do their jobs well, even the most skilled criminal defense attorney will not be able to free a guilty person. But everyone has to do their job well or else the system will yield bad results.

It reminds me in a way of some of the themes in The Wire. In the character Deputy Commish Daniels, you had a police officer who decried the stats game of law enforcement, and illegal and harassing street stops. Instead, he proposed doing real police work and investigations which may not yield immediate results in the stats game, but would have much better long-lasting effects.

Someone asked about juvenile sentencing. It is entirely in the discretion of the judge, but standard adult sentences do not apply. Juvenile court loses jurisdiction after a child turns 21.

This is why for really bad crimes some children are charged as adults. The Court considers 5 factors when deciding whether to transfer a child charged as an adult back to juvenile court:

(1) the age of the child;
(2) the mental and physical condition of the child;
(3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;
(4) the nature of the alleged crime; and
(5) the public safety.

And Sean, I'm not sure where on my site that description appears. I do some civil work and estate litigation, but am primarily a criminal defense attorney.

Sorry for the long post.

John Galt said...

Patin:

Why not just leave? Why didn't the Little Rock Nine just leave?

Ans.: Because they were in the right and the Governor was denying them proper treatment under the law.

The criminal misconduct which is fostered within this jurisdiction denies all citizens their due protection under the Criminal Code of Maryland. It just doesn't reach folks in places like Kent or Garrett Country.

And yes, Mr. Wright, that includes police misconduct, but also criminally-predisposed jurors, understaffed patrols, hoodlums hovering over the families of witnesses, and local politicians who pander to the interests of career criminals and their family & friends. It would also be nice if the Governor would deny police power to the City for its failure to adequately exercise its jurisdictional monopoly over same.

What is needed here is an externally-imposed replacement government until a transition to normalcy has been achieved.

For all the right-minded people to vote with their feet would doom Baltimore to the dismal future of Detroit.

Cham said...

Donald C. Wright:

Congratulations that your client was the only one that seemed to avoid guilt in beating of Ms. Kreager. Your client still has been found guilty of 3 misdemeanors. My guess is that you didn't represent your client for free, so not only does your client have to do his/her punishment but pony up the cash to pay you.

But I am digressing from my message here. What I want to know is why the other 4 were given the impression that with the evidence available, they would ever win in a court of law. Regardless of what Ms. Kreager said to them, as far as I understand it, one does not have the right to beat the crap out of a person because of the words that may or may not come out of their mouths.

So why did these lawyers advise their clients and their parent to hold out for an expensive trial? Seems like a horrific piece of bad legal advice. One smart defendant decided to plead guilty, do her community service and has already moved on with her life.

I was downtown today, the mood among the young black kids is not good. A young employee at the Fudge Factory was having a screaming argument with the manager claiming that the kids were in the right. Do they not cover the 1st Amendment these days? Either in school or during legal counsel?

Seems like all the kids around here received a good life lesson yesterday.

Dave G said...

Baltimore has gone down hill since the 70's. I moved away 10yrs ago and am glade to be gone. The city is run pooly and the police are useless. This bus beating is just the start of things to come. I hate to sound racist but if you are white i would move out of Baltimore. Listen to some of the things that are taught in school and church and you will see i'm correct.