Patterico's Pontifications

8/4/2009

Lede Buried

Filed under: Crime,No on 66 — Patterico @ 12:08 am

L.A. Times: Clerical error may have put suspect in Burk’s slaying back on street.

Indeed. A “clerical error” must be the culprit. Because who could have guessed that a burglary, charged in the same case as a residential robbery, would turn out to be a residential burglary? Shocka!

(And when the L.A. Times claimed he had only one strike (“Samuel has been sentenced to state prison three times, but only one of those offenses was considered a strike under California’s Three Strikes Law”), they got it wrong. Shocka!)

There is a blockbuster story lurking in the details of the article, for anyone willing and able to see it.

It’s hiding in plain sight.

10 Responses to “Lede Buried”

  1. Christy said San Bernardino prosecutors take into account public concern about using the law to severely punish minor offenses.

    “I don’t know today . . . that we would file this same case as a third strike,” he said.

    So who are they letting slide now that is going to kill somebody later?

    Stashiu3 (ed6467)

  2. So who are they letting slide now that is going to kill somebody later?

    I dunno, but I’m not going to LA without an infantry division watching my back.

    Just in case.

    Scott Jacobs (d027b8)

  3. We had an almost identical case in Chicago, fifteen or more years back. Lowlife abducts young woman, makes her give him money from ATM, kills her. It turned out that he was a “professional snitch” for the police in Chicago’s Gold Coast, Water Tower and Magnificent Mile areas. They were protecting him and burying his thuggeries until he committed one they could not bury.

    nk (8200d5)

  4. How about this:

    “‘We were very aggressive on all three-strikes cases back then,’ said Assistant Dist. Atty. Dennis Christy.

    Under the three-strikes law, offenders convicted of a third strike face a minimum prison sentence of 25 years to life.

    A second opportunity to prosecute Samuel under the three-strikes law came in 2006, when he was charged with petty theft in Los Angeles. A district attorney’s spokeswoman said prosecutors also reviewed Samuel’s criminal records and believe that at the time his case would not have been charged as a third strike.

    Even if prosecutors in L.A. County had known that he had two previous strikes, it was unclear whether they would have sought a life prison term for Samuel. Under Dist. Atty. Steve Cooley, prosecutors generally don’t seek life sentences for repeat offenders unless the “third strike” involves a violent or serious crime, such as robbery.”

    “Back then”? Violent or serious crime required for exercise of charging discretion by the DA now? That looks like a story.

    tbaugh (db98d6)

  5. Had they been put away after the third felony, this girl might be alive. That’s just three we knew about.

    ATM PIN reversal:
    http://www.snopes.com/business/bank/pinalert.asp

    Hale (31ecd4)

  6. Does it have anything to do with her being at the Southwestern Law Center?

    rudytbone (a7c723)

  7. I saw the “big issue” when I read it, and I can see why our host is being coy: The current DA will only charge a “serious or violent” felony as a third strike, and this direction is controversial.

    Should drug possession be charged as a third strike? Petty theft (with priors)? Burglary of a liquor store?

    Is the problem that some felonies should not be felonies (e.g. simple drug possession)? Or is it that the DA needs to reconsider his position (assuming the LA Times’ attribution of the situation is correct)?

    Kevin Murphy (0b2493)

  8. Not that 3 Strikes will matter soon.

    Kevin Murphy (0b2493)

  9. The LA Times reporters are idiots. They write lots of stories about the three-strikes law being unfair. But when a third striker commits a terrible crime, they point the finger at the prosecutor.

    So don’t pretend you are tough on crime. You are not. You have the NPR point of view and engage in Obama speak.

    It is like the rock, paper, scissors game. Laws that single out people unfairly are bad. But this is trumped by people who commit awful crimes that should have been locked up. Please share your crystal ball.

    Alta Bob (cd787f)

  10. Over the past few years our legal system has consistently “expunged” or reduced charges to avoid the three strikes rule. This is no doubt in part to reduce the number of people in jail and to prevent someone who really is a petty criminal from spending a lifetime in prison, however it obviously results in dangerous criminals being released as well.

    no pain no gain (b826f0)


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