THE WHISKEY BLACKOUT!
Fact is always, stranger than, fiction . . . God is great, beer is good, and people are CRAZY! This case is an example of who, fucked up life can get, especially, when, you don't have your senses about you. Okay, this is just a normal, apartment building, in the city, where, old school, stairs, are, the means of getting to and from, you flat or apartment. There was a man, known to be a drinker, and a lady, looking for a good time and some booze, who hooked up in the stairs of the apartment. He, wanted to party, and so did she, they were both in their later years, and needed some company for the evening, so, he invited her to his apartment, to drink and do whatever. This is where the facts get dicey, and, as humans, we tend, to fill in the facts, that seem, the most logical, with, a lack of knowledge of what got us from, point "A" to point "B" or to point "Z" in this case.
As the night wears on, the two get drunk, and the man, eventually, passes out. Some time later, he wake up, and finds, his lady friend, is dead in his apartment. He is panicked and doesn't know if he has killed her, but, as for being the last person, to see, her alive, he knows that he is going to be blamed, for her death, and he might have killed her, he has no recall of what happened. In a panic, he decides that he needs to get rid of the body, and just pretend, that, she never came to his room, that, night, he takes out his saw, and he started to dismember her body, to dispose of it, in various places, garbage bags, the disposal, and wherever he can ditch a body parts. Cutting through bones is no, easy task, and still under the influence of alcohol, he passes out again, and is later, wakened by a neighbor, who dropped by to say hi, and see if he had seen the lady who lived, below him!
With just a peep, in the door, the nosey neighbor, can see the blood and the body of the woman he is looking for, and he calls the cops, who, of course arrest the man! The woman's body is hauled off to the morgue, and eventually, the coroner, finds out that the woman, died of natural causes, not some other more sinister, plot to kill her! So, rather than a murder rap, the man is looking at charges for mutilating a body, and this is where a cleaver defense attorney, can come in very handy! LOL. So, which came first, the chicken or the egg? LOL. The man passed out, he had no idea, that a lady of her age, would or could have died of natural causes, so, given the conditions of the night, the partying and the passing out, was, it what a "rational man" in that same condition, would, believe, that he had killed the woman, therefore, shocked, and maybe under some duress, and shock, did, what in his mind, any person, with that set of circumstances, might have done, with no recall of any of the facts, leading up to her death?
CRIME = MENS REA OR THE MENTAL STATE TO COMMIT THE CRIME OR WHAT WE WOULD CALL "INTENT" TO COMMIT THE CRIME + ACTUS REAS, OR TAKING THE ACTIONS, NECESSARY TO COMMIT THE CRIME, OR STEPS TO COMMIT A CRIME + MOTIVE OR REASON FOR THE CRIME, IT HAS TO MAKE LOGICAL SENSE, LIKE FOR GREED, REVENGE, JEALOUSY, ETC.
Crimes happen, in their entirety, so, one has to look at the TOTALITY OF THE CIRCUMSTANCES . . . for the crime of body mutilation to have occurred, or for the man, to have the "intent" to mutilate the body, he first had to have committed the crime, that lead him to the act, of trying to destroy the evidence, or he had to have committed the murder, that proceeds the charge of dismembering the body, or mutilating the corpse, to be guilty, of any crime at all. Does the man have the necessary, INTENT, to kill the woman? No, they just passed in the hall, both lonely adults, wanting some company for the night or for a few hours. Did he take the actions, necessary, to commit the crime of mutilation? Well, he had to have first, murdered the woman, to get to the mutilation, to take the steps necessary, to commit the tangential crime of destroying the body parts and evidence, however, the women, was already dead, therefore, putting him, in the position of, thinking, in error, that he had killed her, when, he had done, nothing of the kind!
Fact is stranger than fiction, and we, none of us, know, how we would react to the same set of fact, having no fucking recall of the events of the evening, and, if we were in shock, still, drunk, to a great extent, so what would the "reasonable drunk" do, in that situation? The standard is the rational man, the drunk is not rational, but to apply the same standard to the drunk, given the facts, that, you don't see a dead woman, and think, I am going to wait until I am sober, to decide what to do with her, regardless, you are going to panic, and do some insane thing, that, can further your problems, as he did, but, who knows what, we would do in the same set of facts! I can only guess, that, most men, might do the same thing, and many men, even sober, finding themselves in the wrong place at the wrong time, discovering a body, still in shock, RUN! for fear of being held or charged with a murder wrap, no small thing. The thing people don't realize, is that, even if you are completely innocent of a crime, you still, spend time in jail, you have to hire or be assigned an attorney, go through, all the stages of a criminal prosecution and live with the taint of being just charged or considered, a suspect in a murder rap, so we don't know, until we are faced with those same set of facts, how, we would react . . . all he asked for, and she equally wanted, was some company for the night or some time and a few drinks!
HUGE ASS ERROR, PROSECUTORS MAKE, OR ON PURPOSE, TO PIN A RAP, THAT IS NOT RIGHT OR FAIR, ON A SUSPECT OR DEFENDANT . . . THIS IS A PRIME EXAMPLE OF, WHAT HAPPENED, BETWEEN "A" TO "J" THAT GOT US TO "M" WHICH RESULTED IN "Z" MATTERS!
I started my career, training prosecutors too, as staff attorney for the Utah Prosecution Council, Criminal Enforcement Division, of the Utah Attorney General's Office, so, I am going to take up, where I left off, having switched, sides, after recovering from the Pick's Disease, and reactivating my law license, almost 10 years later, being on the civil rights and criminal defense side of the fence now, and having personally, experienced this to some extent, there is a trend, and it is CHEATING THE SYSTEM, AND CHICKEN SHIT TO DO THIS TO GET A WIN, TO BE A JUDGE OR TO LOOK TOUGH ON CRIME, OR JUST TO HANG SOMEONE WITH THE CRIME, REGARDLESS OF THE FACTS, OR GUILT . . . this is down and dirty cheap shit, bull shit, for a prosecutor to do this . . . write jury instructions, or manipulate the case, dividing, charges, separating, the TOTALITY OF THE CIRCUMSTANCES, OF A CASE THAT IS "A TO Z", BY CUTTING OFF THE FIRST PART OF THE CASE HISTORY, EITHER THROUGH CHARGING GAMES, SO THAT THE JURY, OR THE DEFENDANT OR THE DEFENSE ATTORNEY, DOESN'T GET THE FULL ADVANTAGE OF THE FACTS OF THE CASE, THAT, "A" DID, IN FACT, LEAD, TO "J" THAT MITIGATES, HIS OR HER ACTIONS, IN "M" OR IN THE FINAL OUTCOME OF THE CASE, AT "Z!"
Now, to someone, inexperienced in the law, or new to trail work, or pretending to be an attorney, this is all going to sound like GREEK, to you; however, prosecutors, well, know what I am talking about, and it is giving, unfair advantage to the prosecution, making their job, so much easier, if not, taking away, the charges all together, if the first part of the facts are known, so, dirty pool! A PROSECUTORS JOB, IS, TO BE THE "GATEWAY TO JUSTICE" NOT JUST TO HANG SOMEONE, ANYONE, FOR A CRIME, TO GET THE MAYOR OR THE GOVERNOR, OFF YOUR BACK! In the case, we are looking at, if we, manipulate the case, to ignore all the facts leading up to the blackout, including the fact, that the woman, died of natural causes, we can hang the man for MURDER, not just, body mutilation, and even that, given, what happened, is pushing it, because, he NEVER INTENDED TO MURDER HER, AND THE DEATH IS WHAT, MOTIVATED HIM TO CUT UP THE BODY, "BUT FOR" THE DEATH, HE NEVER WOULD HAVE DONE THE CUTTING!
IN THE INTEREST OF JUSTICE, FOR ALL! PROSECUTORS, HAVE TO LOOK AT THE "TOTALITY OF THE CIRCUMSTANCES" NOT TAKE, ISOLATED, SEGMENTS, VOID OF THE FACTS, THAT LED UP TO THE ACT AND THE CRIME, THAT MAY, HAVE JUSTIFIED, THE ACTIONS, OR EVEN DRIVEN THE ACTIONS!
BLANKET ASSUMPTIONS, LIKE ONLY THE GUILTY RUN, OR, ONLY THE KILLER WOULD CUT, OR ONLY THE HARASSER WOULD . . . IGNORING, THE ENTIRETY OF THE FACTUAL, FOUNDATION FOR THE CASE, IS PLAIN, CRIMINAL ERROR ON THE PART OF THE PROSECUTOR, OR IT IS MALICOUS PROSECUTION, AND SHOULD NOT BE TOLERATED!
WINNING AT ALL COSTS, GETTING "A" MAN, AT ALL COSTS, IS NOT THE GOAL OF A "JUST" CRIMINAL JUSTICE SYSTEM! SEEING THAT JUSTICE IS SERVED, IS THE GOAL, AND THAT IS LOOKING AT THE "BUT FOR" . . . OR IF THIS NEVER HAPPENED, THIS WOULDN'T HAVE HAPPENED EITHER! BUT FOR HER DYING, HE WOULD NEVER HAVE FREAKED, AND TRIED TO CUT UP HER BODY!
THE LAW IS ABOUT, HAIR SPLITTING, AND DEFINITIONS, LEGAL LANDMINES, AND TORPEDOES, THAT CAN, BLOW UP A CASE, OR MAKE A CASE, AND THE SMART, ATTORNEY, KNOWS, TO WATCH FOR THOSE THINGS! NON-ATTORNEYS, JUST DON'T MAKE THE GRADE, EXPERIENCE COUNTS, AS, A WISE, SENATOR TOM COTTON, KNOWS!
GOOD EXAMPLE AND ROLE MODELS, ESPECIALLY FOR THE CIA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! CLOWNS AT BEST!
WHAT A JOKE!
TRUMP IS YOUR MAN, AND SHELLEY IS YOUR WOMAN, BOTH CIRCUS CLOWNS, AND YOU ARE TAINTING MY GOOD NAME, ALLOWING THAT HAG ASS BRUNETTE BITCH WITH HAZEL EYES, OR THAT, TALL FUCKING CUNT, RACHEL, OR THAT SHORT BALD BITCH, KAY, TO USE MY "GREAT" NAME IN THE LAW, AND PROMOTE, BULL SHIT, YOU KNOW, I WOULD NEVER, EVER GO FOR, BUT, USING ME AND MINE, JUST THE SAME, FUCK YOU ASSES ALL TO GOD DAMNED HELL AND BACK, I AM ALMOST SAD TO SEE A MAN OF CHARACTER, NOT BE YOUR BOSSES AND KICK YOUR SORRY FUCKING ASSES!
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