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09-09-2015, 12:17 PM
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I am certain that the settlement does not include admission of a specific guilt and further, no other lawsuits can be filed. Cost of defense will far exceed the settlement since the first mission of plaintiff's attorneys is to jack up billable hours and keep them counting, especially when they are up against deep pockets.
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09-09-2015, 12:23 PM
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Quote:
Originally Posted by Boreas
No, they're not. They are acknowledging that Freddie Gray died unnecessarily while in custody. That much has been obvious and uncontested from the beginning. This makes the city liable for damages but it does not imply criminal behavior on the part of the 6 officers.
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I disagree - it is being contested by the defendants and their attorneys.
From a legal standpoint, the city was within it's rights to settle the suit. Also from a legal standpoint, the defense attorneys will no doubt use this as ammunition in attempts to change the venue or even dismiss, depending on how they think the wind is blowing.
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09-09-2015, 12:27 PM
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Quote:
Originally Posted by catswiththum
I disagree - it is being contested by the defendants and their attorneys.
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The fact that Freddie Gray died of injuries sustained while in police custody is uncontested and uncontestible.
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09-09-2015, 12:39 PM
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Quote:
Originally Posted by Boreas
The fact that Freddie Gray died of injuries sustained while in police custody is uncontested and uncontestible.
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I do not know if that is true - I know what has been reported.
Did he have an injury and not alert the police?
Did he injure himself while in policy custody through no fault of the police?
Did the police cause his injury?
I do not know - I have not seen or heard the evidence. The burden of proof is much less in civil cases, so the city settled, but I believe it to be a dangerous precedent.
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Try to rely on yourself as much as possible - when things go to hell, you will know who to blame.
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09-09-2015, 01:30 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
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Quote:
Originally Posted by catswiththum
I do not know if that is true - I know what has been reported.
Did he have an injury and not alert the police?
Did he injure himself while in policy custody through no fault of the police?
Did the police cause his injury?
I do not know - I have not seen or heard the evidence. The burden of proof is much less in civil cases, so the city settled, but I believe it to be a dangerous precedent.
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You just said that you do not know what the evidence shows. How, then can you know that it was improper for the city to settle?
Regards,
D-Ray
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09-09-2015, 01:40 PM
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Can't buy a judge for 6.4 million? Now that is guilty.
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09-09-2015, 02:52 PM
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Quote:
Originally Posted by d-ray657
You just said that you do not know what the evidence shows. How, then can you know that it was improper for the city to settle?
Regards,
D-Ray
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Nor has the city seen/heard all the evidence in the criminal proceedings against the 6 officers and their guilt or innocence has not been determined.
As I posted above, the city is within it's legal right to settle the suit. As the civil and criminal cases are connected - the prosecution alleges the wrongful death was caused by the police - I believe it was prejudicial and damaging to do so and severely hinders the chance of a fair and impartial trial.
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09-09-2015, 03:26 PM
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Quote:
Originally Posted by catswiththum
Nor has the city seen/heard all the evidence in the criminal proceedings against the 6 officers and their guilt or innocence has not been determined.
As I posted above, the city is within it's legal right to settle the suit. As the civil and criminal cases are connected - the prosecution alleges the wrongful death was caused by the police - I believe it was prejudicial and damaging to do so and severely hinders the chance of a fair and impartial trial.
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I'm not sure i get it. Are you saying they had a right to settle the case, and a duty not to?
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09-09-2015, 03:28 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
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Quote:
Originally Posted by catswiththum
Nor has the city seen/heard all the evidence in the criminal proceedings against the 6 officers and their guilt or innocence has not been determined.
As I posted above, the city is within it's legal right to settle the suit. As the civil and criminal cases are connected - the prosecution alleges the wrongful death was caused by the police - I believe it was prejudicial and damaging to do so and severely hinders the chance of a fair and impartial trial.
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I believe that the most accurate statement is that the city had significantly more information in its possession than either of us do. Is it possible that it sold out the defendants to limit its own exposure? I wouldn't doubt it.
Regards,
D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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09-09-2015, 04:36 PM
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Senior Member
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Join Date: Apr 2015
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Quote:
Originally Posted by donquixote99
I'm not sure i get it. Are you saying they had a right to settle the case, and a duty not to?
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Duty? No. I'm sure the attorneys on the board can speak better than I can to the gray areas and overlaps between civil and criminal cases that can cause problems for both the prosecution and the defense.
I think this is a case where the fairest course of action for the defendants would have been to wait for the adjudication of their criminal trials before agreeing to a civil settlement, as the two are joined at the hip.
Also, depending on the attorneys, judges rulings, and the mood of the jury, the city may have given the defense grounds for at least a change of venue.
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