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Friday Afternoon Miscellany/Open Thread »
July 09, 2010
The Jury Acted Stupidly: Eric Holder To "Review" BART Shooting
It's my guess this case never should have gone to trial. I am guessing the defendant was credible before the jury when he stated he grabbed his pistol instead of his taser, and therefore he was just as credible when relating this to prosecutors.
And let me guess further then that they, like the jury, believed him, and really knew that the involuntary manslaughter charge was appropriate. And should have offered that plea, avoiding the trial (and the chance of a life sentence for intentional murder).
But they didn't do that because of politics. Specifically, racial politics.
So the guy -- I am guessing -- has already been exposed to the possibility of life in prison for an intentional murder he didn't intend.
Is there anything else we can do to this sacrificial lamb to appease the gods of racial grievance?
Why yes, now that you mention it, there is.
The U.S. Department of Justice will conduct an independent review of the Johannes Mehserle case in order to determine whether or not the shooting merits federal prosecution, according the department.
"The Justice Department has been closely monitoring the state's investigation and prosecution," the department said in a statement.
"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."
I suppose if the case is merely "reviewed," and then the Justice Department finds that the shooting was just as the jury called it, this could have some positive effect: ameliorating current passions while not doing much to cause additional injustice.
Still, I can't help but note that the "facts and evidence" did not support any sort of case against the guilty-as-sin New Black Panthers, but here we've got a white guy, found guilty of a serious crime (involuntary manslaughter), and Eric Holder needs a look-see at this case.
A nation of cowards, eh? You know, one misstep I never thought the Obama Administration would make was a determination to insert itself into high-profile racially-charged situations (and to pander to his community activist sort of radical buddies). I just thought he was smarter than that.
But race is like catnip to these guys. They can't help themselves.