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April 12, 2007

Finnerty's Assault

Hey -- don't fool yourself. These guys were "no choirboys." Damnit, with behavior like this, you know they're guilty of something.

The prosecutors, Assistant U.S. Attorneys George P. Varghese and Rhonda T. Redwood, said Finnerty was guilty of assault because of any one of three acts: They said he shoved at least one of the men; he was effectively aiding one of his friends who punched Bloxsom; and he was menacing Bloxsom by throwing punches that stopped just short of striking him.

A shove, "aiding" a friend who threw a punch, and throwing fake punches.

Now, let me say this: That does constitute assault. Technically. Such a minor "assault" (which does in fact encompass merely threatening to unlawfully touch, or attempting to unlawfully touch without actually making contact) would almost never be prosecuted. But every once in a while, lightning strikes, and you get charged. In this case, it probably got prosecuted because Finnerty's buddy did make contact with a blow.

However. I'd like to see Terry Moran correct his idiotic post to note precisely what is meant here by "assualt" -- and here, it's the rock-bottom legal minimum to support the charge at all. It's such a technical form of "assault" as to show up frequently on bar examinations.

What would the bar answer be to this set of facts? Yeah, it's an assault. Why is that a good question? Because you have to know the technical definition of assault to know a shove or a false punch that isn't intended to even hit at all does satisfy the requirments of the charge. Someone who didn't bone up on their dumb-little-definitions-of-small-bore-crimes would probably say it isn't.

(Though, I have to say, this wouldn't be hard bar question. Any imbecile who slept through law school would get it. But it would at least screen out those who didn't even bother showing up to class to sleep.)

Thanks to Dario, who says his kid isn't going anywhere near Durham.

I'd keep him well away from the liberal media-political complex as well.

"Assault."

Yeah, Terry. "Assault." He's technically guilty of assault.

And you are guilty -- no technicality about it -- of dishonesty and journalistic malpractice.

"No Choirboys:" TopsecretK9 takes me to task for sugar-coating the Duke 3's previous behavior. We don't merely have this one assault. Indeed, the three together have been arrested and charged several times.

Together, the rap sheet of the Duke 3 reads:

Felonious Assault with a Deadly Weapon on Police Officer, O2-CRS-49961

Felonious Larceny and Felonious Possession of Stolen Vehicle charges, 02-CRS-49955

Felonious Speeding to Elude Arrest, Driving while Impaired (.19 Blood Alcohol Content) and Driving while License Revoked, 02-CRS-49956

Driving Left of Center, 02-CR-49958

Failure to Heed Blue Light and Siren and Reckless Driving in Wanton Disregard to Rights or Safety of Others, 02-CR-49959

Driving the Wrong Way on Dual Lane Highway and Open Container After Consuming Alcohol, 02-CR-49960

two counts of Injury to Personal Property, 02-CR-49962-63

Resisting a Public Officer, 02-CR-49964

Oh, wait: That's not the Duke 3's combined rap sheet. That's Crystal Gail Mangum's rap sheet.

"No choirgirl," this one.

And yet Terry Moran's heart bleeds for her.


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posted by Ace at 07:19 PM

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