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-------------------------------------- This has a nice ring to it. Acquittal: criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. The opposite result is a conviction. In the common law tradition, an acquittal formally certifies the innocence of the accused, as far as the criminal law is concerned. Under the rules of double jeopardy and autrefois acquit, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict, or whether it results from the operation of some other rule that discharges the accused. |
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| Isn't this the crosswalk assualt thing? I thought the charges were assualt with a deadly weapon (vehicle) and disorlderly conduct...????
__________________ "They who would give up an essential liberty for temporary security, deserve neither liberty or security" Benjamin Franklin |
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| Mag's got it right. He plead down to battery of a school employee and battery.
__________________ "Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so." - Douglas Adams - |
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From the Globe Lee now facing two misdemeanor charges Battery against a school employee is a class A misdemeanor, which carries a penalty of up to a year in jail and/or a fine of up to $2,500 upon conviction. Simple battery is a class B misdemeanor, and the penalty upon conviction is up to six months in jail and/or a fine of up to $1,000. The original complaint charged Lee with two counts of felony aggravated battery, and he was bound over for trial on those charges earlier this month. Sauer said Wednesday that he had filed the amended complaint because he thought the likelihood of winning a conviction on misdemeanor charges would be greater. (Sauer knew he had a weak case.)" On the felonies, you've got to show not only that you've got a deadly weapon, which a car can be, typically is," he said. "You've also got to show that it was used in a deadly manner or a manner that could cause disfigurement, great bodily harm or death. And I don't think that it applies." Both the old and the new charges stem from alleged disputes that occurred between Lee and Ramsour on Oct. 5 and 26, 2006, while Ramsour was on crossing-guard duty at Northwest. The disputes reportedly occurred while Lee was using the access road between Northwest and Dodge City Middle School, where he teaches. Ramsour testified during Lee's preliminary hearing that he almost struck two students with his car while traveling on the access road on Oct. 26, which led to a confrontation between her and Lee. She said during that confrontation, Lee moved his car forward and bumped her hip. Lee said Wednesday he could not comment on the circumstances of the case, but he was pleased that Sauer had reduced the charges. "I'm aware that all of a sudden, it's not a felony anymore, which is nice," he said. In a separate phone interview, Ramsour said: "The county attorney has to do what he feels is necessary. But I do believe Mr. Lee has to be held accountable and responsible for his actions against myself, to those children he almost hit and my staff." |
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| Hell, my bad. I haven't been following the Lee case uber closely. Sorry for the misinformation.
__________________ "Human beings, who are almost unique in having the ability to learn from the experience of others, are also remarkable for their apparent disinclination to do so." - Douglas Adams - |
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| Just because a case is plead down doesn't mean that at arraignment they can't plead not guilty. Most of the time they don't they go ahead and plead guilty to the amended charges but there are a few who plead not guilty on the amended charges which in turn will go to trial. They can do Jury Trials on misdemeanor cases if the defendant requests it. Most of the time it is just a trial to the court though. |
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| Its too bad the jury let him off. He should have been punished for hitting a principal with his car. Maybe they will file purjury charges now, because some of the things he was quoted in the paper as saying during his testimony are not the truth. |
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