Saturday, October 11, 2014

Slow Saturday Special: Detroit Cop's Murder Charge Dismissed

FLASHBACK:

"Judge won’t delay manslaughter trial of Detroit officer" Associated Press   September 15, 2014

DETROIT — A judge will not delay the trial of a Detroit police officer who accidentally killed a 7-year-old girl during a raid, despite his attorney’s concerns that a “media frenzy” after a police shooting in Missouri could harm his client’s right to an impartial jury.

Framing law enforcement complaining about fairness. Does the outrageous hypocrisy ever end?

Defense lawyer Steven Fishman said police in general have been vilified in news coverage of the fatal shooting of a black 18-year-old by a white officer in Ferguson, Mo. He fears it could rub off on the jury in the trial of Detroit Officer Joseph Weekley, who is charged with involuntary manslaughter.

Yeah, he's really being dogged by it all.

Wayne County Judge Cynthia Hathaway said Weekley’s trial will start Monday as planned. She turned down a request last week to postpone it until 2015.

There is no dispute that Weekley killed Aiyana Stanley-Jones while she slept on a couch during a search for a murder suspect in 2010. But he says the shooting happened when the girl’s grandmother grabbed his gun in the chaotic moments following the use of a stun grenade. Mertilla Jones denies any interference.

There is video footage. Where is that now?

This is Weekley’s second trial. The first ended without a verdict in June 2013.

In a court filing, Fishman said references to Aiyana’s death have popped up in local news stories about the Ferguson shooting.

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Also seeDetroit Conviction Wafer Thin

Hey, he's a private citizen.

"Charge dismissed in Detroit police shooting" Associated Press   October 04, 2014

DETROIT — A judge on Friday dismissed the most serious charge against a Detroit police officer who fatally shot a 7-year-old girl during a raid, but the trial also was halted to give prosecutors an opportunity to immediately appeal.

The surprising development came after prosecutors finished presenting their case against Joseph Weekley, who mistakenly pulled the trigger and killed Aiyana Stanley-Jones during a chaotic search for a murder suspect in 2010.

Defense attorney Steve Fishman said an involuntary manslaughter charge should be dismissed because prosecutors had failed to show that Weekley intentionally created a danger that caused Aiyana’s death.

Wayne County Judge Cynthia Gray Hathaway agreed to dismiss the felony. ‘‘I don’t see the evidence that [Weekley] willfully disregarded the results to others,’’ she said.

Weekley still is charged with reckless discharge of a firearm, a misdemeanor. It’s his second trial after a jury last year couldn’t reach a verdict.

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"Jury deadlocked over fatal shooting by Detroit officer | Associated Press   October 11, 2014

DETROIT — Jurors were deadlocked and a judge declared a mistrial Friday for a Detroit police officer charged with recklessly handling his gun and killing a 7-year-old girl, the second time a verdict couldn’t be reached in the case.

The developments came after jurors indicated they were struggling to reach a unanimous decision in the case against Joseph Weekley, and Wayne County Circuit Judge Cynthia Gray Hathaway urged them to work out their differences. The first trial ended without a verdict in June 2013.

‘‘I’ve received a note from the jury indicating they are hopelessly deadlocked,’’ Hathaway said.

Seven of the 12 jurors voted to acquit Weekley of recklessly using a firearm, a misdemeanor carrying a maximum punishment of two years in prison. It was the only count remaining after Hathaway last week dismissed a felony charge of involuntary manslaughter.

A decision about a third trial will be disclosed in court on Nov. 21, the prosecutor’s office said.

The victim, Aiyana Stanley-Jones, was shot in the head while she slept on a couch in May 2010. Weekley, a member of an elite police unit, was the first officer through the door during a chaotic search for a murder suspect at her home.

They couldn't have found a better way to nab him, huh?

Weekley’s semi-automatic gun fired seconds after a stun grenade was thrown through a window. He didn’t testify but has insisted that he mistakenly pulled the trigger during a struggle with Mertilla Jones, the girl’s grandmother.

The video showed that to be a lie, but police are apparently above the law in AmeriKa.

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Sorry to default on the timeliness of this post.