Unfortunately, a young lawyer right out of law school can get a grand jury to indict a ham sandwich. We should remember that an indictment is not a conviction. Moreover, we should be cognizant that many scholars have alleged that the grand jury no longer protects the weak or unpopular from judicial harassment or politically motivated prosecutions. The grand jury was created to function as a body of neighbors who would aid the state in bringing criminals to justice while protecting the innocent from unjust accusation. However, the grand jury has ceased to accomplish this original purpose and has become increasingly subject to debilitating exploitation and misuse. All of the major recent studies conclude that the grand jury has become, in effect, a rubber stamp of the prosecutor and not the check on his or her power that it is required to be.Indictment by grand jury affords none of the fundamental rights provided in a criminal trial. Unless he or she is called as a witness, the defendant has neither the right to appear and present evidence to the grand jury nor to confront witnesses against them. Only the district attorney may appear and present evidence giving a defendant an unfair disadvantage. Even if called as a witness, a defendant may not have the assistance of counsel to advise him. Furthermore, the grand jury is "not required to hear evidence for the defendant," and may reject such evidence at the very outset. Without hearing the evidence in the first place, the opportunity to determine whether evidence exists to "explain away the charge" is in effect suppressed, virtually assuring the finding of an indictment on the basis of "unexplained or uncontradicted" evidence. When the function of indictment is coupled with the responsibility of determining the character of the evidence that supports it, and with the right to exclude all evidence that could explain or contradict, the result is not appropriate. In short, it is both derogatory of the jury's basic purpose and devoid of fairness.
Let us remember that a defendant who is subject to indictment by grand jury is denied the right to present evidence to explain or contradict the charge, has no right to appear or to have the assistance of counsel, and may not confront and cross-examine the witnesses against him. Councilman Gallagher has not been convicted of a crime and will have the opportunity to present evidence that will exonerate him during his trial.
We are all innocent until proven guilty.
17 comments:
I hope everything turns out ok.
You are right about the ability to "indict a ham sandwich." Regardless, Mr. Gallagher's career in public office is virtually finished.
If he resigns or is removed from the balance of his term, a special election will be called. It is conducted without party labels, so anyone with the resources to get on the ballot can run.
Bob Holden must be preparing to run now. Whether you like him or despise him (as I do) really does not matter. He has name recognition, a cadre of zealots, plenty of older JPCA members who are unaware of his contemptuous behavior, and the ability to get enough votes to be a leading contender.
If elected, he would almost certainly be hard to oust in the next round of council elections.
He would bring his bellicose, obnoxious behavior to city hall. He would immediately go after dog owners; hoping the next mayor and parks administration would rescind the recently approved off-leash hours. Holden already thinks he owns Juniper Valley Park so just imagine what he would be like if elected!
He would go after legitimate and appropriate zoning changes in a city desperate for more housing. (NIMBY would be his motto.)
He would support using public money to build more stadiums for rich, spoiled athletes and team owners because Holden envisions himself to be Joe Torre Jr.
Holden would earn the contempt of fellow council members to the detriment of our community. No one would want to work with him (just as fellow instructors and professors at the college where he works simply hate the man and have said so).
Holden would oppose legitimate mass transit proposals (NIMBY again).
And he would cleverly use his public stands to keep “those people” out of our neighborhood. His thinly veiled racism and xenophobia is a disgrace.
And, finally, he would reappoint his cronies to the Community Board, promote the candidacy of Tony “numb nuts” Nunziato for state office, and would use the JPCA (and their funds) as his personal reelection committee.
God help us all.
Ummm.. the DA saw fit to pursue the case. Unless you believe the DA is out to get Gallagher, there is some substance to the evidence.
Gallagher is guilty of lying to his wife
Gallagher is guilty of adultery.
Gallagher is guilty of lying to his constituents.
Gallagher has been lying.
The court of public opinion and its power over the judicial system is causing the scales of justice to tip in the favor of sensationalism and partiality. No longer is lady justice blinded because the strong hand of zealots and ambitious charlatans will stop at nothing to exact their agenda and lead her down their chosen path. I hope that Gallagher gets a fair trial and that justice is shielded from political vendettas.
Thanks for a lucid description of the legal limitations of the grand jury. In this day of snap media judgments of guilt by default, let’s remember the importance of due process
Sadly, Mr. Holden is enjoying the misfortunes of Councilman Gallagher. He revels in his misery and draws happiness from his sorrow. Bob is not a man who should be trusted with a leadership position in our community. Holden is a man that should be shunned and ignored by intelligent people before he can inflict further harm upon our neighborhoods.
Is there any real meat in the ham sandwich?
Is Councilman Gallagher guilty of bad judgment? Probably.
Is he guilty, though, of a crime? He says not. Last I checked, this country still abides by the law of innocent until proven guilty.
Let the man have his time in court. Let a jury of his peers decide the truth. Then let’s decide his political fate. Until then, all this talk of Mr. Holden’s aspirations is irrelevant.
Drinking on a Sunday afternoon is not a crime
Meeting a woman at a bar is not a crime
Having consensual sex with a woman is not a crime
A lapse in moral judgment is not a crime
Condemning a man before hearing the facts is a crime
Convicting a man in the court of public opinion is a crime
Destroying a man’s career and personal life before knowing the truth is a crime
Drawing some happiness or personal satisfaction from another person’s woes in a moral crime.
"Condemning a man before hearing the facts is a crime"
Actually, condeming a man in the court of public opinion is not a crime. People are free to express their opinions and speculate as to whether or not someone is guilty or immocent. "Innocent until proven guilty" is the instruction given to jurors. It doesn't apply in the court of public opinion.
Joseph:
It's wishful thinking to think Holden's aspirations are irrelevent. On Monday August 6th, the City Counsel Ethics Committee will meet to discuss whether to expel Gallager.
It's quite a reality even before a trial that Gallagher's seat will be forceably vacated and Holden slithers into the seat.
Stay vigilant. Everyone keep your eyes open and on the JPCA executive board jackasses. Someone else needs to be prepared to run in a special election.
Mark my words.
I think that a public figure who is supposed to be representing and serving the community should be criticized for acting like a slob and a low-life. The behavior to which Gallagher admitted is embarrassing and the people in his district deserve much more.
There are many qualified people who are interested in this seat but most support the Councilman's decesion NOT TO resign. Let justice prevail and prepare for a normal election. Many facts will be heard. Not hersay or words put into people mouths by the Holden Nazis.
"most support the Councilman's decesion NOT TO resign"
How many? Please publish the poll you took including the sample sizeou took and % of responses to support your claim.
Most people I talk to, even his supporters, don't see how he can do an adequate job while preparing a defense for a 10 count felony indictment.
The man is innocent.
The Metropolitan Avenue beautification project is not going so good. Where are you Dennis? We need your help. It doesn't look beautiful at all!!!!!
The project is under way .You JPCA lackey wait until the project is completed then make a comment. The people who shop there should also be held accountable for the litter they create, not the shop owners. How about having sanitation enforcement hand out summonses for littering. I bet you would see a dramatic drop in the amount of garbage on the streets and sidewalks.
Hey I am not a JPCA lackey. I live in Glendale and go to the meat market on Metro. I was just making a statement that it doesn't look great. If the project is not complete, I now understand. I will wait until completed.
Are you working on this project anonymous? You are very touchy about it......hmmmmmm.
Post a Comment