#lwop

[unofficialyouthmediabrand]

[June 15] Trump takes L, Florida's 'slow death penalty'

Here’s the recap from today’s Twitch stream:

Trump took a pretty serious L on his first day in court – granted, it was something handed to most criminal defendants, but still a little surreal. Todd and Greg came through to walk us through that, and explain the MAGA rapper who showed up.

Here’s the article:

Then, Lawrence of The Marshall Project came through to explain Florida’s ‘slow death penalty’.

Here’s the doc (starts at 1:05):

These are also definitely worth reading:

And, of course, #vicebookclub.

The show is taking a break on Tuesday, and will be back on Thursday.

[the-eldritch-it-gay]

Every disabled perspn should be allowed extra PTO

[mrjasonmills]

[salcristina]

2/16/2025 - TIME SENSITIVE - PHONE ZAP Indigenous Transfem Facing Death Penalty in Florida

Dandelion Temael faces the death penalty or LWOP in a forensic facility after being charged in the death of Louis Stackhouse. Stackhouse was twice convicted for sexual assault of children under the age of 16.

[themenendezbrothers]

If they get resentenced to anything other (under) than LWOP, they are qualified for a Youth Offender Parole Hearing.

SEE Resentencing MEMO page 54-55 excerpt below.

Page One || Page Two || Page Three

THE IMPOSITION OF A NEW SENTENCE WILL ALLOW THE DEFENDANTS TO GO THROUGH THE PAROLE PROCESS

Effective January 1, 2014, Penal Code section 3051 created a youth offender parole hearing process that will apply to both Erik and Lyle Menendez if they are resentenced to a sentence "other than life without the possibility of parole. A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was 25 years of age or younger at the time of the controlling offense. Pursuant to the statute, a person who was convicted of a controlling offense that was committed when the person was 25 years of age or younger and for which the sentence is a life term of 25 years to life shall be eligible for release on parole at a youth offender parole hearing during the person's 25th year of incarceration. The youth parole eligible date for a person eligible for a youth offender parole hearing under this paragraph shall be the first day of the person’s 25th year of incarceration.

At the parole hearing, it is statutorily mandated that in assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of youth as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or the individual's growth and maturity since the time of the crime may submit statements for review by the board. The youthful offender The youthful offender parole hearing process is not available to inmates serving sentences of life without the possibility of parole which is why neither of the defendants has been able to previously seek this opportunity.

[mus1g4]

Are there any states which print the inmates sentence onto the uniform? I've always thought it would be humiliating (and kinda hot) to look down at my uniform and see the term LWOP or 20-LIFE stencilled there so everyone knows what a loser I am.

Wow! Great idea. The only place I know that does something like that is Russia. Your cell nameplate, ID card, and uniform stencil all identify your crime.

Every convict knows your crime. Every guard knows your crime.

No where in the United States or western Europe follows that program.

[canebread]

This case will always break my heart. I can empathise with basically every criminal but I will never be able to wrap my head around how you have a kid, yet you and your boyfriend abuse him as much as possible until it kills him. Why have a kid, then? It just doesn't make sense to me.

He made his mom a mother's day card. Even while he had bruises visible on his face. Even after she and her boyfriend beat him, burned him with cigarettes, heated spoons and lighters, being forced to eat cat litter and feces, eating his own vomit, expired/spoiled foods, being shot with a BB gun, pepper sprayed, cold showers, being forced to sleep bound and gagged in a little cupboard, having his teeth knocked out with a bat...he still loved her after all of that...he just wanted love. I don't like being around kids, but cases like this makes me wish I could pick them up and save them from their parents.

"You want to say that the conduct was animalistic, but that would be wrong, because even animals know how to take care of their young." - The judge after sentencing one to death and the other to LWOP

[hushedhippie]

46 hours away from being able to go on LWOP to seek treatment for my anorexia and mental health…if my tilt test for POTS comes back negative and all of what I’m experiencing is psychological, then I’ve decided to go inpatient to get the help and treatment I need. It’s a scary decision but one I feel confident in:/

[humanrightsupdates]

Kenneth Smith is scheduled to be executed in Alabama on 25 January 2024. His jury voted for life imprisonment without the possibility of parole, but the judge imposed a death sentence, under a judicial override system outlawed in Alabama in 2017. The state tried to execute Kenneth Smith in 2022, but this attempt by lethal injection failed. The state will this time deprive him of oxygen using nitrogen gas, an execution method not previously used. Twenty-two years old at the time of the crime, Kenneth Smith is now 58. His prison record is one of non-violence, self-improvement and helping others.

The crime involved the murder of a 45-year-old woman in her home in Alabama on 18 March 1988. The prosecution submitted evidence that her husband had recruited Billy Williams, who then engaged Kenneth Smith and John Parker, to kill her. The husband, a preacher who was in debt and wanted to collect life insurance, committed suicide a week after the murder; Billy Williams was convicted of capital murder and sentenced to life imprisonment without the possibility of parole (LWOP); John Parker, was sentenced to death, and executed in 2010. Kenneth Smith was also sentenced to death, but his 1989 conviction and death sentence were overturned on appeal because of racist prosecutorial jury selection tactics at the trial. At the 1996 retrial, Kenneth Smith was again convicted. The jury – made up of seven Black women, four Black men, and one white woman – voted 11-1 for LWOP, but the judge overrode their decision and passed a death sentence.

The judge found one aggravating factor – that the murder was committed for pecuniary gain – and decided that this outweighed the mitigating circumstances, which were Kenneth Smith’s young age at the time of the crime, his lack of significant history of prior criminal activity, good prison record, childhood deprivation and neglect, as well as his remorse and voluntary confession to his participation in the crime. The judge would later suggest in an interview that he had overridden the jury’s vote because Kenneth Smith “deserved the death penalty” and that “some people serving on juries… don’t want the responsibility to sentence someone to death”.

The state is proposing to attempt again to execute Kenneth Smith, this time by the method of “nitrogen hypoxia” during which nitrogen is fed by tube into an airtight face mask worn by the person being executed, depriving him or her of oxygen and causing eventual death. The US Supreme Court noted in 2019 that nitrogen hypoxia had “never been used to carry out an execution” and that the first state to do so would be “the first to experiment with a new untried and untested method”. Now Alabama, a state with a record of botched executions and a lack of transparency and inquiry into such failures, is the one moving ahead with this method. Kenneth Smith’s lawyers assert that he is being used as “the test subject for this novel and experimental method” and that “if not performed correctly, execution by nitrogen hypoxia can result in another botched execution that risks leaving Mr Smith with permanent injuries”.

Take action now

[masterofd1saster]

CJ court watch 30jan25

LWOP is the least you should get

A judge has rejected a US mother's challenge to extradition over accusations she murdered two of her children in Colorado and "fled" to London. Kimberlee Singler's nine-year-old daughter Elianna and seven-year-old son Aden were found dead on 19 December, 2023 in Colorado Springs. Prosecutors acting on behalf of US officials said Ms Singler, 36, "fled" the US and was arrested in west London 11 days later. District Judge John Zani told Westminster Magistrates' Court he rejected Ms Singler's challenge against extradition and said the case now passed to the home secretary to decide whether the 36-year-old should be sent back to the US. Warning: This report contains descriptions of violence against children In his ruling Judge Zani said he was not convinced that the defendant's rights, particularly her concerns about prison conditions and a possible life sentence without parole, would be infringed on by extradition. "I am of the firm opinion that the defendant's extradition to the United States of America to face criminal prosecution complies with all of her Convention Rights within the meaning of the Human Rights Act 1998," Judge Zani said.***

https://www.bbc.com/news/articles/clyeq75rvr8o

***

Finally!

Until Friday afternoon, Dr. Eithan Haim, 34, was facing a potential decade in federal prison for revealing publicly that Texas Children’s Hospital was continuing to perform gender transitions on children even after declaring a moratorium on the controversial practice. For this, Haim, a Texas surgeon, became the target of the Biden Department of Justice, which indicted him for allegedly violating patient privacy laws. There was no violation of patient privacy. What Haim blew the whistle on were mostly surgeries to insert hormonal devices that prevent children from going through puberty. The records he revealed about these interventions carefully redacted identifying information about the patients. What’s more: He had caught the hospital in a bald-faced lie about the very existence of the program. Most dangerous for Haim was that he had run afoul of the Biden administration’s unquestioning support of medical transition of young people distressed about their gender.*** Although Haim had raised more than $1.2 million in a GiveSendGo account, mounting a case to stay out of federal prison has cost $2 million. “We’ll be paying legal bills for 20 years,” he said.***

***

Kohberger pretrial

Bryan Kohberger is back in court for day two of his evidence hearing. He’s accused of murdering University of Idaho students, Ethan Chapin, Kaylee Goncalves, Madison Mogen and Xana Kernodle in November 2022. His attorneys are fighting for nearly all the evidence collected be thrown out. They claim police illegally obtained his DNA through genetic genealogy, which they argue violates his fourth amendment rights. Prosecutors argue there is nothing unconstitutional about using that type of evidence.***

https://www.fox13seattle.com/news/idaho-murders-bryan-kohberger-court-evidence

+++

Judge Hippler had the best line

"I struggle with the idea that DNA left at a crime scene, that there’s any expectation of privacy with someone who leaves DNA at a crime scene that the DNA can’t be searched without a warrant to establish identity," Judge Hippler said. "Well, your honor I don’t think any of us can go out of our houses without leaving DNA all over the place," said Kohberger's attorney. The prosecution later responded. "We are talking about a murder scene to a house in which he has no connection whatsoever, we’re talking about four victims to which he has asserted no connection whatsoever, we’re not just talking about his DNA happened to be found at a dresser drawer, it was found on a knife sheath where four people were killed by a knife," Jeff Nye said.***

https://www.fox13seattle.com/news/bryan-kohberger-january-23-hearing

***

I hope he's ecstatic about jail

MIAMI-DADE COUNTY, Fla. – A Miami-Dade Sherriff’s Office deputy was arrested Thursday night after the agency received information that the deputy was trafficking MDMA, authorities announced Friday morning. According to an arrest report, in December, detectives had a confidential informant purchase drugs from Deputy Francisco Javier Melo. Police said the informant purchased 12 MDMA pills from the 36-year-old deputy in exchange for $240. According to the arrest report, the informant told detectives that Melo was planning on attending a music festival aboard Royal Caribbean’s Allure of the Seas cruise ship, which departed on Thursday, and intended to smuggle MDMA pills onto the ship by concealing them inside Skittles candy bags. An arrest warrant for Melo was then obtained on Tuesday. Authorities said he was taken into custody at Port Miami Thursday night after exiting his vehicle with his luggage. According to the report, Melo provided written consent to search his luggage and detectives found 60 MDMA pills concealed within five Skittles bags.***

https://www.local10.com/news/local/2025/01/24/miami-dade-sheriffs-deputy-arrested-on-drug-trafficking-charge/

***

Dunn dismissed that felony

You may recall that on August 22, 2022, in the air over the western U.S., a Delta Airlines captain said he had to divert the flight to Grand Junction, Colorado for a medical emergency. JONATHAN J. DUNN, a Delta Airlines First Officer, allegedly threatened to shoot the pilot if he diverted.

A grand jury in Utah indicted Dunn on Oct 18, 2023. The case, 23-cr-375, waddled toward a jury trial set "to begin on 10:00 a.m. on August 23, 2024." Exactly one week before trial, the gov't filed a motion which said

On Monday, August 12, 2024, the prosecution came into possession of previously unknown evidence.

The evidence was immediately disclosed to the defendant.

On review of the new evidence, the United States has reassessed the strength of the evidence and the crime charged. As it continues this assessment, it no longer believes it can prove all elements of the charged offense beyond a reasonable doubt.

The gov't moved to dismiss, and the judge granted the dismissal.

Weird case.

Why did it take almost 14 months to indict Dunn?

What the heck was the "previously unknown evidence?"

Inquiring minds want to know.

***

Imagine f___ing that

Denver Post:

16th Street Mall stabbing suspect’s path marked by mental illness, homelessness, drug use Five years almost to the day before Denver police say Elijah Caudill stabbed four strangers on the 16th Street Mall, he stood on a street corner in a small town in western Kentucky, begging for money from passing drivers. The path he walked from panhandling in the South to being charged with killing two people along the heart of Denver’s downtown shopping district was marked by homelessness, illegal drug use, escalating violence, arrests, jail, prison and severe mental illness that was obvious to everyone around him. Caudill’s history of arrests in the five years before the Denver stabbing spree highlights Colorado’s inadequate mental health care system and shows how the criminal justice system, even at its best, is ill-equipped to help people with severe mental illness, Shelly Bradbury reports.

***

They have parties? I guess why not?

Nearly 50 detained during DEA raid of Tren de Aragua party in Adams County, officials say The exact number of people arrested was unavailable Sunday morning, but DEA officials said “dozens” connected to the TdA gang were detained.

DPost

***

Not just Florida man

***officers said they found a "heavily intoxicated" child on the front lawn suffering from a medical emergency. Brevard County Fire Rescue EMS (BCFR) was called to treat the child. During the incident, Hill-Brodigan reportedly turned off the home’s exterior lights, hindering EMS efforts.  Police described the event as a "white lie party," with attendees aged 13 to 17 wearing customized white t-shirts that were marked with a "white lie."  Investigators said the party also drew kids from outside the Cocoa Beach area, presumably from other Brevard County schools.  Karly Anderson, an adult at the party who identified herself as a teacher, also appeared intoxicated, according to authorities. She was later confirmed to be a third-grade teacher at Roosevelt Elementary School. A separate traffic stop near the home resulted in the arrest of a juvenile driver on suspicion of driving under the influence, according to a spokesman with the police department. While responding to the house party, a hoax swatting call was received.***

https://www.fox35orlando.com/news/florida-elementary-school-principal-teacher-arrested-after-hosting-house-party-underage-drinking-police

***

Just take the stupid ticket and get on with your life

***

Law enforcement tourism

Newly sworn-in Department of Homeland Security Secretary Kristi Noem joined federal officers in conducting immigration enforcement raids in New York City early Tuesday morning, one she said apprehended an illegal migrant who is facing multiple charges, including kidnapping. Noem, who was confirmed by the Senate on Saturday, was out to witness criminal and civil operations conducted by agents with the Drug Enforcement Administration, Justice Department, and Bureau of Alcohol, Tobacco and Firearms as well as DHS, which includes Immigration and Customs Enforcement.***

https://www.newsmax.com/us/dhs-nyc-deportation/2025/01/28/id/1196806

***

Floriduh

SOUTHWEST MIAMI-DADE, FLA. (WSVN) - A dispute between a landlord and tenant ended in tragedy in a Southwest Miami-Dade neighborhood, and authorities said it was all over a thermostat. According to the Miami-Dade Sheriff’s Office, the landlord, 37-year-old Adam Anson, went over to the efficiency attached to his home with a semi-automatic pistol, Saturday morning. Investigators said Anson, who wanted to adjust the thermostat, forced himself inside the efficiency and began punching his tenant. Detectives said he then dragged the tenant, 57-year-old Carlos Alberto Gonzalez, outside the residence, located along the 9400 block of Southwest 17th Terrace, and shot him several times in the head.*** Investigators said Anson walked back into the efficiency, adjusted the temperature and called 911.***

https://wsvn.com/news/local/miami-dade/landlord-shot-and-killed-tenant-during-thermostat-dispute-in-sw-miami-dade-detectives-say/

***

Trans terror cell?

On Inauguration Day, the shocking news that a US Border Patrol officer had been shot dead near the Canadian border in Vermont in an incident involving a now-deceased foreign national was overshadowed by coverage of Donald Trump's events in the nation's capital. One week later, a 21-year-old Washington woman was charged over the deadly incident, but little has been reported about her and her deceased accomplice, a German man. The Post Millennial can report that the mysterious duo who were pulled over in Coventry, Vt. in the deadly shootout are leftist trans militants with alleged ties to a trans terror cell.*** Taylor showed TPM written communications Taylor had with Bauckholt in 2022 where he discussed being in contact with members of the "Ziz" group. The group was or is a California Bay Area-based violent trans commune centered around a cult of personality of leader, "Ziz," whose real name is Jack LaSota. *** Alleged members of the "Ziz" group are under investigation for a double homicide of an elderly couple in January 2022 in Pennsylvania and the murder of an 82-year-old in Vallejo, Calif.. The court filing strongly suggests Youngblut and Bauckholt were in contact with that group.*** After the shooting, a bomb squad investigated Bauckholt and Youngblut's Toyota Prius Hatchback. Investigators found two pistols, ammunition clips, night-vision goggles, two full-face respirators, a ballistic helmet, 48 rounds of hollow point ammunition, shooting range targets, interstate lodging information, two-way radios and a dozen electronic devices, some of which were wrapped in foil.***

***

Good article about taking care of law enforcement personnel

***

No bond for one punch?

West side man ordered to be held without bond over child punching incident

46 y/o man punches a 14 y/o boy who was wearing a helmet, and gets him detention w/o bail?

https://fox59.com/news/indycrime/west-side-man-ordered-to-be-held-without-bond-over-child-punching-incident/

***

Can't make an omelet w/o breaking

A Massachusetts man carrying knives and Molotov cocktails was arrested on Monday near the U.S. Capitol after he told a police officer that he planned to kill top Republican officials, including Defense Secretary Pete Hegseth and House Speaker Mike Johnson, according to federal court records. The man, Ryan Michael (Reily) English, 24, told a Capitol Police officer near an entrance on the south side of the building that he wanted to kill Scott Bessent, President Trump’s newly appointed Treasury secretary, according to an affidavit filed by a special agent with the Capitol Police. Mr. English, who was charged with unlawful possession of a firearm and with carrying a dangerous explosiveon the grounds of the Capitol, had knives, a lighter and vodka bottles with rags in his pockets, according to the affidavit, which was filed in U.S. District Court in the District of Columbia. “English’s thoughts were to use the small bottles of vodka to start fires and later to wrap them in rags soaked in alcohol, light them and throw them at Bessent’s feet,” the affidavit said, adding that Mr. English had also considered stabbing Mr. Bessent if he got close enough.*** Investigators found messages that he had written in which he apologized for the actions that he planned to take. Mr. English believed he would have had to kill at least three police officers to get to Mr. Bessent and “expressed acceptance and content with the possibility of suicide by cop,” the affidavit said. Mr. English has a detention hearing set for Thursday morning, according to court records.

https://www.nytimes.com/2025/01/28/us/us-capitol-molotov-cocktails-bessent-hegseth.html

***

Was that wrong? Should I not have done that?

A judge sentenced disgraced former Sen. Bob Menendez, D-N.J., to 11 years in prison on Wednesday, concluding his trial for a "long-running bribery and foreign influence scheme of rare gravity." The sentence is the harshest ever handed down to a U.S. senator. Breaking down in tears, Menendez pleaded with U.S. District Judge Sidney Stein for mercy in a New York City courtroom.  "I have lost everything," he said. "Other than family, I have lost everything I care about. Every day I am awake is punishment. I am far from a perfect man… in half-century of public service, I have done far more good than bad."***

https://www.foxnews.com/politics/disgraced-ex-sen-bob-menendez-sentenced-11-years-bribery-case

***

You wouldn't want a good husband to go thirsty would you?

Authorities are investigating the recent death of a Utah nurse and mom of three, whose husband allegedly told police he went out to get beer after finding her body at the bottom of a stairwell in their home. Autumn Mercado, 39, was found dead at the bottom of the stairs in her house in West Jordan, a suburb of Salt Lake City, Utah, on Jan. 13 after a concerned coworker notified police that she had not been at work, prompting officers to conduct a welfare check, West Jordan Police Sgt. Andrew Hercules said in a press conference covered by KSL News.  When officers arrived at the home, Mercado's husband, Carlos Mercado, answered the door and said he was just about to call police, an affidavit states, according to the local Utah outlet. ***

https://www.foxnews.com/us/husband-nurse-mom-three-found-dead-bottom-staircase-went-beer-after-finding-body-police

***

The wheels of justice

Police have arrested an 83-year-old man in connection to a cold case involving the murder of an elderly woman in Dallas more than 40 years ago thanks to a DNA match.  On Monday, Dallas Police announced an update regarding the arrest of 83-year-old Willie Jones. Police said Jones was initially arrested on Jan. 16 for a parole violation related to a sexual assault. While in custody, police said a DNA sample was collected and has "since been confirmed, related to a murder dating back more than 40 years." Police said Jones is being accused of the murder of an elderly woman, Virginia White, who was found dead inside her home in Dallas in 1981. Jones was 40 at the time of the alleged murder, and White was 81-years-old at the time of her death, police confirmed. ***

https://www.foxnews.com/us/dna-sample-ties-elderly-man-40-year-old-cold-case-murder-texas-woman

***

Free Press readers make fair points about Free Speech Coalition v.

The first is from new father Harrison Runnels, from Omaha, Nebraska: *** As a new father, I don’t want my son to grow up in a world where giving him access to the internet means potentially exposing him to hardcore pornography and sexual interactions with strangers. The question these laws are trying to answer is: How can we fix that? They may miss the mark, but I appreciate that they are trying. Does it matter that age verification laws will not be 100 percent effective? Teenagers buy fake IDs, but we still have underage drinking laws. If the regulation isn’t working, we shouldn’t just give up. Our kids deserve better than that.

high school teacher Micah Weiss, from New Hampshire*** ***One final point: [an editorial] references, as proof of the inevitability of pornography, the 40,000-year-old ivory statue known as the Venus of Hohle Fels. This extraordinary piece of art, possibly the oldest of its kind, is termed “erotic” by art critics and archeologists, not “pornographic.” This may seem like an academic distinction. However, we should recognize the difference between a carefully crafted prayer object dedicated to the erotic aspects of fertility and a three-minute borderline snuff film—likely featuring impoverished, exploited young women—designed to help lonely men rub one out before bed.

https://www.thefp.com/p/letters-to-editor-is-porn-inevitable-trump-trudeau-zuckerberg

***

Untreated, unsheltered mentally ill

https://magicalclan.com/watch-nsfw-video-of-fully-naked-nyc-man-assaulting-commuters-with-stick-goes-viral/

***

Pretty good settlement; no contest plea can't be used in civil litigation

SAN FRANCISCO, Jan. 27—Today, the State of California reached an agreement with CMP founder and president David Daleiden and CMP undercover reporter Sandra Merritt to totally dismiss the the unprecedented video recording prosecution first launched by then-Attorney General Kamala Harris. The agreement—a negotiated settlement with zero punishment—is in exchange for a new “no contest” plea by Daleiden and Merritt on a single video recording charge. It involves no jail time, no fines, no admission of wrongdoing, and no probation. The new “no contest” plea—which cannot be used adversely—will be entered into judgment as a misdemeanor in 6 to 12 months, and then converted to a “not guilty” plea, dismissed, and expunged. 7 of the 14 video recording charges initially brought in this case were dismissed halfway through as unsupported by probable cause. Other litigation continues***

https://www.centerformedicalprogress.org/2025/01/breaking-state-of-california-agrees-to-end-unprecedented-prosecution-of-cmps-undercover-video-reporting/

***

Yes, that ACLU

By Abigail Shrier When the history of 21st-century gender mania is written, it should include this signal entry: In 2020, a website called GoFundMe, usually a place to find disaster-relief appeals and charities for starving children, contained more than 30,000 urgent appeals from young women seeking to remove their perfectly healthy breasts. Another entry, from June 2020: The New England Journal of Medicine, America’s platinum medical publication, published a piece explaining that biological sex is actually “assigned at birth” by a doctor—and not a verifiable fact, based on our gametes, stamped into every one of our chromosomes. In fact, biological sex ought to be deleted from our birth certificates—the authors claimed—because a person’s biological sex serves “no clinical utility.” Breaking news to gynecologists. Public schools began asking elementary kids whether they might like to identify as “genderqueer” or “nonbinary.” Any dissent from this gender movement was met with suppression. The American Civil Liberty Union’s most prominent lawyer, Chase Strangio, announced his intention to suppress Irreversible Damage, my book-length investigation into the sudden spike in transgender identification among teen girls. “Stopping the circulation of this book and these ideas is 100% a hill I will die on,” he tweeted. Weeks later, Amazon deleted Ryan Anderson’s book criticizing the transgender medical industry.***

https://www.thefp.com/p/abigail-shrier-how-the-gender-fever-broke-trump-executive-order

***

[idkwhattitlevsblognamemeans]

December 12th

I have been stress spaghetti about some stuff but also time to change that by being on top of it:

The frog head is too big. try 2.5x or 2.6x

Find a therapist - psychology today

Submit LWOP dates final

Buy flight

Buy yoga training

look at Vegas flights

Henry Christmas

Air tag for mom

Cognac for dad

The vibe when I go to the bank:

I'm going to go to the bank and close my current card and open up another better visa (more points)

ask to add a payee so that i have no monthly fee

communauto

spotify

electricty hydro one

[mrjasonmills]

[if-you-fan-a-fire]

Lifers. A growing number of lifers are accumulating in the prisons, and they constitute a social group and an active force in prisoner public affairs. Their numbers have increased because the California courts, guided by the dictates of new punitive laws, such as “three strikes, you’re out,” and the punitive spirit of the general population are sending more people to prison with life sentences. These lifers, who have sentences of 15 years to life, 25 years to life, life with possibility of parole, and life without possibility of parole (LWOP), are serving much more time than during any previous period. For example, before the current punitive era, which started in 1976, prisoners sentenced for first degree murder in California (as well as most other states) served an average of 13 years. Only one person with a life sentence for murder was released from 1999 to 2002. Many contemporary lifers have served 20 years or more. Consequently, the percentage of lifers in the prison population is steadily increasing. Short termers come and go, but lifers remain and accumulate in the prisons.

In 2001, approximately 20 percent of Solano prisoners were lifers. Most lifers have an indeterminate sentence, seven to life, 15 to life, or 25 to life. A minority are LWOPs. Those with the possibility of parole are serving time for first and second degree murder, kidnapping with bodily injury or robbery, and a “third strike,” that is, a third felony conviction after two convictions for “serious felonies.”

As their numbers have increased, lifers have become an important force in the informal social organization of prisoners. Lifers have always been relatively less troublesome for management. In earlier periods, when the number of lifers was smaller, most other prisoners, who were serving much shorter sentences, usually respected lifers, left them alone but shoved them aside as unimportant actors in the prison social order. However, now that they constitute one-fifth of the prison population, they are too prominent to ignore.

Lifers know the law, the prison rules, and the ropes better than anyone else. Some of them have become convict legal experts— “writ writers”—who file petitions and lawsuits for themselves and help other prisoners with theirs. They know and are known by many of the staff, particularly the sergeants, lieutenants, and even the wardens, some of whom they have been around for years. In regard to prisoner relationships to individual staff members, lifers, compared with other prisoners, have a better idea of what to watch out for, what they can get away with, and what special considerations they can obtain.

In addition, as the years go by, lifers become more acquainted with each other and increasingly pull together, forming a social network. This friendship network extends across racial and age boundaries. Lifers don’t necessarily hang together like cars of homeboys. But they do know, respect, and to some extent cooperate with each other. Consequently, they are an important presence in the convict world and constitute a body of elder statesmen. They are sought out for advice and relied upon as go-betweens in conflicts between prisoners and between prisoners and staff.

- John Irwin, The Warehouse Prison: Disposal of the New Dangerous Class. Afterword by Barbara Owen. Los Angeles: Roxbury Publishing Company, 2005. p. 99-100

[themenendezbrothers]

Hochman recently said in the deadline interview: HOCHMAN: Knowing the Geragos narrative is absolutely wrong, the issues that we’ll be looking at for the trial will be whether or not these two young men faced an immediate threat to their life? 

The "immediate threat to their life" was the crux of the 2nd trial. Because the courts determined the brothers may have had a legitimate fear, but there was no "immediate threat to their life". This is why Weisberg didn't allow imperfect self-defense which took Manslaughter off the table. So now, Hochman is asking the same question.

Why did the courts allow imperfect self-defense in the 1st trial but not in the 2nd trial? The courts cited the law in the 2nd trial saying the defense couldn't use that. 👀

Resentencing

Former D.A. Gascon believed that the murder was premeditated and said they received the right sentence. But now, with the new resentencing laws, he would recommend Life With Parole. The new D.A. might agree with Gascon or he may disagree they should be resentenced at all and their current LWOP should stand. Also, the opposition to the resentencing from the family member carries some weight.

The Judge will ultimately decide. I'm not sure but, even if the prosecutors argue their original sentence should be upheld, the Judge might rule that it is not in the best interest of Justice to keep them incarcerated. The brothers have been beyond rehabilitated, they pose no threat to society. resentencing memo.

HOCHMAN: And you do this with a fairly vague standard that doesn’t give judges particular guidance on how to evaluate all these factors only to figure out whether or not someone is a threat to society, poses a danger to society, and otherwise has been rehabilitated, so and it’s somewhat California unique in that respect. "So, we’re going to go through all that evidence and weigh all the factors and ultimately come to the judge and say, to the judge, here’s all the records. Here are your options. And make sure that whatever decision is ultimately made is the best-informed decision possible."

Habeas

In 2005, the Menendez brothers appealed their convictions to the Ninth Circuit Court of Appeals, which denied their petition for habeas corpus. (The courts didn't find anything wrong with the outcome of the 2nd trial).

Hochman is already saying that the jurors in the second trial heard about the sexual abuse and even with that, they found the brothers guilty.

HOCHMAN: As I said, Erik Menendez was able to testify in great detail about all the sexual abuse he experienced. He was even able to testify about sexual abuse that Lyle experienced. He was even able to testify about the fact that Lyle purportedly confronted his father, their father, about this whole issue, which is why they had some level of fear that the father was going to kill them. All that was presented to the jury, and the jury still convicted them both of first-degree murder.

But now there is new evidence that the courts are required to consider. This new evidence supports that the brothers were not lying and it was not an abuse excuse as Prosecutor Conn repeatedly told the jurors. The jurors in the first trial heard about the sexual abuse. Some jurors believed the brothers were absolutely in fear of their lives at that moment. They wanted to vote for manslaughter. And they stood their ground which is why there was a mistrial. So had the jury in the 2nd trial heard testimony about the sexual abuse, why wouldn't it have made a difference like it did in the first trial?

As noted, the second trial began in October 1995. At this trial, much of the defense evidence, including Diane Vandermolen’s testimony, was excluded. So the prosecutor’s emphasis changed as well. Based on the evidence presented at the second trial, there was no longer any need to hedge bets; the prosecutor told jurors that the sexual “abuse [allegations] in this case [were] a total fabrication.” (RT 50869.) There was “no way of corroborating” these allegations. (RT 50868.) “The abuse never happened.” (RT 51088.) “There is no corroboration of sexual abuse.” (RT 51378.) The “allegation[s] of physical and sexual abuse are not corroborated.” (RT 51469.) Jose Menendez was not the “kind of man that would be abusing his sons.” (RT 50991.) He was “restrained and forgiving. [He was] not a violent and brutal man.” (RT 51472.) Both petitioners were convicted of first degree murder. But now new evidence has surfaced in two areas...

[the-italian-pasta]

Putting in LWOP cuz my tire exploded yesterday so I couldn’t go to work, feeling very meh about it :/