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  • Weak prosecutor

    http://www.liveleak.com/view?i=80e_1237665867

    I hate weak prosecutors.
    Space for rent .........

  • #2
    Weak case

    Hate to say it, but I would have voted for aquittal. The tape is pretty telling. "Both fists clenched and body bladed?" Inside his pockets?

    They did it to themselves. Could have easily got a conviction on a lesser charge, but blantantly lying to try and get some felony battery charge is what probably did it for the prosecutor.
    Last edited by bigislander72; 04-05-2009, 11:22 PM.

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    • #3
      A lot of charges get dropped nationwide. It doesn't mean the prosecutor is weak. It just means that based on the evidence at hand, they didn't believe that they could get a conviction.

      Ask yourself....if this video came out, would you take it to trial?

      A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

      It's only a conspiracy when your party is not in power.

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      • #4
        Resisting arrest and aggravated assault on cops are among the toughest to get convictions on as it is. This surely doesn't help the prosecutor's case.

        Heck, seems like he saved the officers a lot of embarrassment and possible perjury convictions.

        Cops can yell at me all they want when I dismiss or remand one of their cases back to municipal court. As I always tell them: I know how hard you work to arrest these guys. But it's not about what they did, it's about what I can prove they did.


        "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

        Comment


        • #5
          Originally posted by bigislander72 View Post
          Hate to say it, but I would have voted for aquittal. The tape is pretty telling. "Both fists clenched and body bladed?" Inside his pockets?

          They did it to themselves. Could have easily got a conviction on a lesser charge, but blantantly lying to try and get some felony battery charge is what probably did it for the prosecutor.
          That is not clear from the tape.
          Space for rent .........

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          • #6
            From the article provided:

            After a beat down in an elevator, Joshua Daniel Ortiz ended up with his nose broken and facing a charge of battering a Fort Lauderdale police officer.

            The 22-year-old Sunrise man was surprised and delighted to learn Wednesday that Broward prosecutors were dropping the case against him after reviewing an elevator surveillance video showing three officers aggressively rush and beat Ortiz to the g More..round.

            Once the Dec. 5 video surfaced, it altered the course of the case. It contradicted police reports that Ortiz provoked and attacked Officers Derek Lade, Stefan Silver and Steve Smith.

            "They were just sitting there watching my life go down the drain with those charges," Ortiz said Wednesday. "I've been going crazy thinking my life is over. It's barely started and it's over."

            The looming legal charges delayed Ortiz's enrollment in college classes, he said.

            Police first charged Ortiz with felony battery on a law enforcement officer.

            But after seeing the video obtained by Ortiz's defense attorney, Stephen Melnick, prosecutors downgraded the charge to a misdemeanor resisting charge. Upon further review, prosecutors dropped the case entirely.

            "We thought based on the facts and the evidence, including the videotape, that there was no reasonable likelihood of conviction at trial," said Lee Cohen, assistant state attorney in charge of misdemeanor cases.

            Fort Lauderdale police internal affairs investigators reviewed the incident more than a month ago and found no violations of policy or procedures, said Sgt. Frank Sousa, the department's spokesman.

            "It was not a beating," Sousa said. "The video clearly shows that [Ortiz] made a movement toward the officer."

            The 4:10 a.m. incident unfolded in a bank lobby at 200 SW First Ave. as Ortiz, his girlfriend and friends piled into an elevator, heading to a parking garage after a night out.

            Acquaintances of Ortiz's started fighting in the lobby, he said, drawing police to the scene.

            According to Lade's police report, Ortiz yelled at the officers from the elevator when they tried to break up the disturbance.

            Ortiz "walked right up to me hitting his nose to my nose," Lade wrote, adding that he pushed Ortiz.

            "As I approached Ortiz to take him into custody, Ortiz spun around to face me and assumed a fighting stance (both left and right hand clenched into fists and body bladed)," he wrote.

            Ortiz said he exchanged agitated words with the officers, but the rest is fiction.

            "They were on a power trip," Ortiz said. "I don't trust them anymore."

            Melnick said the officers embellished their reports to justify their aggression without knowing the videotape existed.

            "I think the video speaks for itself," he said.
            I saw no lying. In addition, the turd did take a fighting stance and did in fact step into the officer. Again, weak prosecutor.
            Space for rent .........

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            • #7
              The video does "not" speak for itself, half of the struggle was out of range. But I didn't see felony material from what I did see. The kid paid and hopefully will not give the Police a hard time anyday soon. Maybe plead it down to disorderly conduct or obstruction and let it go at that.
              "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

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              • #8
                Man, I just don't see anything felonius there. It looks like the kid provoked the officer, got in his face, couldnt tell if there was contact like a weak headbut. i admit I sometimes loose alot of faith in prosecuters, but I am inclined to think this guy made the right decision here,just my thoughts.
                "I would rather live one day as a Lion, than a thousand years as a Sheep."

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                • #9
                  Sometimes even though the defendant is guilty as h311, the big question for a Prosecutor isn't guilt or innocence but
                  "How do I prove this to a Jury?"

                  Have the best day ever!
                  "a band is blowing Dixie double four time You feel alright when you hear the music ring"


                  The real deal

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                  • #10
                    Originally posted by Nightshift va View Post
                    The video does "not" speak for itself, half of the struggle was out of range. But I didn't see felony material from what I did see. The kid paid and hopefully will not give the Police a hard time anyday soon. Maybe plead it down to disorderly conduct or obstruction and let it go at that.
                    Well the part of "both fists clenched and body bladed" is clearly evident from the tape. I would agree with you about the lesser charges, they are fitting just for the guy being uncooperative.

                    However, they told a blatant lie, hence the prosecutors dismissal. Their testimony about anything regarding the case would be suspect in my eyes if I were a juror.

                    When I think of felonious assault on a police officer, I am thinking more of something like this:

                    http://www.youtube.com/watch?v=z69Gn...eature=related

                    or this:

                    http://www.youtube.com/watch?v=O0YV_EwYw_8
                    Last edited by bigislander72; 04-06-2009, 01:08 PM.

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                    • #11
                      Originally posted by Code Seven
                      You couldn't provide a better link to the video?



                      Another troll, huh...
                      Sorry it was the first one that came up. But you get the idea. The charges were fitting for that guy. For elevator dude? I don't hink so.
                      Last edited by bigislander72; 04-07-2009, 03:01 AM.

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