empire actor allegedly attacked in hate crime (Actor charged with 16 felony counts alleging he faked attack)
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jodeke
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PostPosted: Fri Mar 08, 2019 3:05 pm    Post subject:

WOW!!!! 16 felony counts!! I'll be awfully surprised if Smollett doesn't get some jail time.
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PostPosted: Fri Mar 08, 2019 3:10 pm    Post subject:

Wow. 16 counts?

And this doesn’t appear to include yet charges related to the white powder sent via mail. I guess the FBI is still testing it?

Or is that handled by a different department because its a federal crime I wonder.
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PostPosted: Fri Mar 08, 2019 4:14 pm    Post subject:

Omar Little wrote:
Title updated to reflect current news.


The 16 counts is really just for statements made during the second interview. They broke each allegedly false statement out into its own felony count. Not to defend Smollet at all, but that seems a bit like piling on for effect.
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PostPosted: Fri Mar 08, 2019 4:17 pm    Post subject:

Still remarkably unlikely that he sees a day of jail time.
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PostPosted: Fri Mar 08, 2019 4:21 pm    Post subject:

Over/under Manafort 47 months?
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PostPosted: Fri Mar 08, 2019 5:14 pm    Post subject:

governator wrote:
Over/under Manafort 47 months?


Under
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PostPosted: Fri Mar 08, 2019 5:53 pm    Post subject:

Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.
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PostPosted: Fri Mar 08, 2019 6:39 pm    Post subject:

OregonLakerGuy wrote:
Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.


this game needs to be reformed....this screams of a prosecutor using the tactic to overcharge to scare the defendant into a plea. There are cases everyday around this country where innocent people accept plea deals because of this type of prosecutorial abuse....often because they do not have the resources to defend themselves.
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PostPosted: Fri Mar 08, 2019 7:12 pm    Post subject:

adkindo wrote:
OregonLakerGuy wrote:
Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.


this game needs to be reformed....this screams of a prosecutor using the tactic to overcharge to scare the defendant into a plea. There are cases everyday around this country where innocent people accept plea deals because of this type of prosecutorial abuse....often because they do not have the resources to defend themselves.


That, but I think there's also more at play here. I think it has become personal for the CPD and the Prosecutor's office. They came at hime pretty hard with their initial accusations of fraud, and then Smollet doubled down on his innocence. I think they are in "so you wanna play hardball. . . ?' mode.
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PostPosted: Fri Mar 08, 2019 7:23 pm    Post subject:

DaMuleRules wrote:
adkindo wrote:
OregonLakerGuy wrote:
Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.


this game needs to be reformed....this screams of a prosecutor using the tactic to overcharge to scare the defendant into a plea. There are cases everyday around this country where innocent people accept plea deals because of this type of prosecutorial abuse....often because they do not have the resources to defend themselves.


That, but I think there's also more at play here. I think it has become personal for the CPD and the Prosecutor's office. They came at hime pretty hard with their initial accusations of fraud, and then Smollet doubled down on his innocence. I think they are in "so you wanna play hardball. . . ?' mode.


maybe, but it is simply never a prosecutors or judges responsibility to "make an example" of someone. I hate when I hear someone claim a judge came down harsh on someone to make an example of them.....like why is that persons burden to carry to be an example? I also hate the election slogan "tough on crime".....I keep waiting for an DA, judge or Sheriff's candidate to run on the slogan "Fair on Crime".
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PostPosted: Fri Mar 08, 2019 7:29 pm    Post subject:

ChickenStu wrote:
Still remarkably unlikely that he sees a day of jail time.


Yeah. A 1st time Offender isn't going to prison for 16 counts of Disorderly Conduct. That would be like a non criminal getting caught on film going outside and peeing behind a pub 16 times during the same bar visit, instead of waiting in a long cue for the restroom, then being charged with 16 felony acts of disorderly conduct for that excessive public peeing. Even if Mr. Overactive bladder was dumb enough to call the cops and make a false report that he was attacked during the drainfest, he's still not going to prison. Maybe a week in a local city lockup to make a point (and even that would be unlikely), but certainly not prison...
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PostPosted: Fri Mar 08, 2019 7:32 pm    Post subject:

adkindo wrote:
DaMuleRules wrote:
adkindo wrote:
OregonLakerGuy wrote:
Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.


this game needs to be reformed....this screams of a prosecutor using the tactic to overcharge to scare the defendant into a plea. There are cases everyday around this country where innocent people accept plea deals because of this type of prosecutorial abuse....often because they do not have the resources to defend themselves.


That, but I think there's also more at play here. I think it has become personal for the CPD and the Prosecutor's office. They came at hime pretty hard with their initial accusations of fraud, and then Smollet doubled down on his innocence. I think they are in "so you wanna play hardball. . . ?' mode.


maybe, but it is simply never a prosecutors or judges responsibility to "make an example" of someone. I hate when I hear someone claim a judge came down harsh on someone to make an example of them.....like why is that persons burden to carry to be an example? I also hate the election slogan "tough on crime".....I keep waiting for an DA, judge or Sheriff's candidate to run on the slogan "Fair on Crime".


I totally agree. And that's why I said I think this is personal for the Chicago authorities. I don't think this latest development has anything to do with making an example out of him. This case has lead to an internal investigation in regards to how his case is being handled. I think the City of Chicago has taken exception to that and is more interested in making him pay.

And I'm not condoning that at all. I'm just saying that is what I think is playing a significant role in the aggressive charging.
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PostPosted: Fri Mar 08, 2019 7:42 pm    Post subject:

If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.
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PostPosted: Fri Mar 08, 2019 7:56 pm    Post subject:

DaMuleRules wrote:
adkindo wrote:
OregonLakerGuy wrote:
Prosecutors overcharge in our justice system?

edit - and before someone corrects me, I know it was a grand jury. Same thing.


this game needs to be reformed....this screams of a prosecutor using the tactic to overcharge to scare the defendant into a plea. There are cases everyday around this country where innocent people accept plea deals because of this type of prosecutorial abuse....often because they do not have the resources to defend themselves.


That, but I think there's also more at play here. I think it has become personal for the CPD and the Prosecutor's office. They came at hime pretty hard with their initial accusations of fraud, and then Smollet doubled down on his innocence. I think they are in "so you wanna play hardball. . . ?' mode.


That's how I read it too. I had an issue a LONG time ago and I had to stand in front of a judge. My brother-in-law was a prosecutor in the same courthouse and he told me to be contrite and be polite. Worked for me. Doubling down is asking for it on a lie is just asking for it.
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PostPosted: Fri Mar 08, 2019 8:33 pm    Post subject:

jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.
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PostPosted: Fri Mar 08, 2019 8:40 pm    Post subject:

OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.

My question is, do they have to indict on all 16 counts? e.g. If he's charged will running a red light and speeding. Do they have to indict on both counts? If they indict on the red light it goes forward. If they don't on speeding what happens to that charge?
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PostPosted: Fri Mar 08, 2019 8:40 pm    Post subject:

OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.


I thought that was that way everywhere....Grand Jury convenes to hear cases....basically gives a thumbs up or down on indictment, moves on to the next case. When they are finished, they are finished.
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PostPosted: Fri Mar 08, 2019 10:29 pm    Post subject:

jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.

My question is, do they have to indict on all 16 counts? e.g. If he's charged will running a red light and speeding. Do they have to indict on both counts? If they indict on the red light it goes forward. If they don't on speeding what happens to that charge?


As I understand the system, it is up to the prosecutors office how to move forward. They can choose to move forward on some, none, or all of the indictments.
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PostPosted: Fri Mar 08, 2019 11:18 pm    Post subject:

weird way to promote the show but ok
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PostPosted: Sat Mar 09, 2019 6:35 am    Post subject:

Huey Lewis & The News wrote:
weird way to promote the show but ok


By getting yourself kicked out of the show by showing your worst, you show the show that you care about the show
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PostPosted: Sat Mar 09, 2019 8:12 am    Post subject:

OregonLakerGuy wrote:
jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.

My question is, do they have to indict on all 16 counts? e.g. If he's charged will running a red light and speeding. Do they have to indict on both counts? If they indict on the red light it goes forward. If they don't on speeding what happens to that charge?


As I understand the system, it is up to the prosecutors office how to move forward. They can choose to move forward on some, none, or all of the indictments.


So. If the Grand Jury doesn't think there's enough to move forward on the speeding ticket but the prosecution moves forward in spite of it's recommendation, what's the purpose of a Grand Jury? I ask in earnest.
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PostPosted: Sat Mar 09, 2019 9:50 am    Post subject:

jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.

My question is, do they have to indict on all 16 counts? e.g. If he's charged will running a red light and speeding. Do they have to indict on both counts? If they indict on the red light it goes forward. If they don't on speeding what happens to that charge?


As I understand the system, it is up to the prosecutors office how to move forward. They can choose to move forward on some, none, or all of the indictments.


So. If the Grand Jury doesn't think there's enough to move forward on the speeding ticket but the prosecution moves forward in spite of it's recommendation, what's the purpose of a Grand Jury? I ask in earnest.


I think he is saying the Prosecutor can move forward or not move forward after a Grand Jury indictment....prosecutorial discretion. At the same time, if a Grand Jury fails to indict, the prosecutor no longer has the option to move forward. The bar for grand jury indictment is pretty low, and why would a prosecutor go through the trouble of presenting a case to the grand jury for indictment if they did not intend to move forward with charges?
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PostPosted: Sat Mar 09, 2019 10:09 am    Post subject:

adkindo wrote:
jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
OregonLakerGuy wrote:
jodeke wrote:
If I have it right the Grand Jury doesn't have to allow all 16 counts to be adjudicated. If that's so I wonder how many counts will be argued.


Unless Chicago works differently, the Grand Jury has nothing to do with the case moving forward. They indict or choose not to. That is the end of their involvement here in Oregon anyway.

My question is, do they have to indict on all 16 counts? e.g. If he's charged will running a red light and speeding. Do they have to indict on both counts? If they indict on the red light it goes forward. If they don't on speeding what happens to that charge?


As I understand the system, it is up to the prosecutors office how to move forward. They can choose to move forward on some, none, or all of the indictments.


So. If the Grand Jury doesn't think there's enough to move forward on the speeding ticket but the prosecution moves forward in spite of it's recommendation, what's the purpose of a Grand Jury? I ask in earnest.


I think he is saying the Prosecutor can move forward or not move forward after a Grand Jury indictment....prosecutorial discretion. At the same time, if a Grand Jury fails to indict, the prosecutor no longer has the option to move forward. The bar for grand jury indictment is pretty low, and why would a prosecutor go through the trouble of presenting a case to the grand jury for indictment if they did not intend to move forward with charges?

I understand the italicized underlined. The bold green answers my question. It also addresses a wonder. If the Grand Jury doesn't find on all 16 counts only those they find on will move forward. Am I correct?
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PostPosted: Sat Mar 09, 2019 11:40 am    Post subject:

jodeke wrote:
I understand the italicized underlined. The bold green answers my question. It also addresses a wonder. If the Grand Jury doesn't find on all 16 counts only those they find on will move forward. Am I correct?


sure, and in this case the Grand Jury has already returned a 16 count indictment. This Grand Jury would be out of the picture at this point for this case. If the prosecutor seeks additional charges, he or she would have to take them before the Grand Jury again....either the same one if still convened or a new one. Now the Prosecutors office will move forward with the full 16 felonies to a trial, or reach a plea agreement which would usually mean less counts....for example, Smollett could reach a plea agreement to agree to plea guilty to 4 Counts, and the other 12 could be dismissed by the Prosecutor.

This is my understanding of how the system works....I have no level of legal expertise.
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PostPosted: Sat Mar 09, 2019 1:52 pm    Post subject:

I understand why Trunmpers are in love with this story. But I'm still waiting for everybody else to move on.
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