Search Results for: node/It takes a good prosecutor to convict a guilty man

SSCC #266:#269–New York

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A Bronx prosecutor turned an innocent man’s life into a living hell for three years by plowing ahead with a case built on cops’ lies, a new lawsuit charges.

I have said my mantra about prosecutors many a time and I’ll say it again.  It takes a good prosecutor to convict a guilty man, it takes a GREAT prosecutor to convict an innocent one.  There is no correlation between the law and justice, don’t believe me?  What justice is there needed for a victimless crime?  Seriously, is it justice to punish someone because they are doing something that someone else disagrees with?

There is no winning a law suit, and this man has had his life ruined by a prosecutor who is protected by the state, and three cops who share the same protections.  I am not sure that his suit will be successful, however I have no doubt about the validity of his claim.  Further, they don’t have to find you guilty to ruin your and strip you of your rights.

State Sponsored Criminal Count: #266: Officer Vladimir Krull

#267: Detective Arnaldo Rivera

#268: Lt. Patrick Brown

#269: Bronx District Attorney’s Office (If you know the prosecutors name let me know)

Because when I can convict an innocent man I am in total control of the world and nothing can stop me.

SSCC #202 – New York

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Here we have a case of contempt of cop which is being backed by an over zealous prosecutor.

After speaking to the woman, an officer told Mr. Dittrich there would be no charges, he said, but requested identification. He told her he did not want to give it. She told him, he said, that he would be charged with obstruction. He gave his name and address. Then she asked what country he was from. He said he did not have to say. When she insisted and he insisted, he was taken to the police station in handcuffs and given a summons.

Now New York is a stop and identify state, however that still requires the reasonable suspicion of a crime.  In this case we have a thin skinned woman who got upset at a blind man staring at her trying to figure out why this woman was blue.  There is no law against staring and there is no reason to believe that this individual had committed a crime.  Further there is no reason this man needed to provide his country of origin, doubly so as an American citizen.

That’s when we arrive at this little gem.

At one hearing, the prosecutor advised the judge that he would like to see Mr. Dittrich spend a little time behind bars. Disorderly conduct carries a maximum penalty of six months in jail and a $1,000 fine, though it is unusual for a first offender to serve time.

Remember, it takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.  Couple that with the diverse number of laws that are open to interpretation and anyone that a prosecutor wants they can have.

State Sponsored Criminal Count 202: Jane Doe (As usual if you find the names let me know)

Honorable Mention: Prosecutor John Doe 

Because putting an old blind man in jail is how you protect society.  You need to make them all sheep.

via Ry

This is my shocked face…

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Dave Hardy over at Of Arms and the Law just posted something that has me completely non-shocked.

Of what a prosecutor friend once told me — that he was appalled to think of how all the power given a prosecutor these days could be used to entire ruin an honest man, or one who had made some minor error. Here’s a case from the 11th Circuit, applying what appears to be established law, holding that the prosecutor and his agents are mostly protected by absolute or lesser forms of immunity from a civil rights lawsuit.

My dad always told me a couple things regarding the law.

  1. There is no correlation between the law and justice.
  2. Prosecutors live by the mantra, “It takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.”

Recently Uncle posted about a DA offering bonuses to prosecutors who hit conviction targets.  I’m seriously beginning to wonder if they are using convictions to just strip honest people of their rights and make them subservient to the state.

Prosecutors, where would the world be without thee?

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A 13-year-old Jefferson County boy says he knows what he did was wrong, but says it was an accident and he never intended to hurt anyone when he shot his toy airsoft gun at a friend, who was hit in the eye.

The kid made an absolutely dumb mistake.  However this is not something that the government, most especially a prosecutor needs to be involved in.  I had a run in with a dick prosecutor, it’s not fun.  He and the other boy are still friends, from the description is was rough housing that went a little too far.

Mr. Prosecutor sees a way to make a name for himself and this is the result!  Someone once said, “It takes a good prosecutor to convict a guilty man, it takes a GREAT prosecutor to convict an innocent one.”  Even with records sealed, it will seriously screw with this kids life. 

Hosting Issues

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So I have had this hosting provider since 2005 and they have been bought out a couple times.  Some of the pluses though include the fact my email is hosted in Exchange, unlimited disk space, and supposed unlimited bandwidth (found that today).  I have never had any issues at all requiring extensive customer support until this past week.

Starting last week Windows Live Writer stopped posting correctly to my blog.  It had happened intermittently previously and I figured it was another glitch.  After the issue didn’t clear in 24 hours to the support console I went.

Date Type
09/15/2011 12:10 AM EDT Ticket Created
09/15/2011 12:10 AM EDT TMM contacted PowWeb
Subject:

Problems with libXML2
Customer Quote:

Earlier this year I started using XMLRPC to post content to my blog. Start in July I had incidents where posts would have the tags brackets(<>) stripped off. I ignored it figuring it was a glitch when it started working a couple days later. 

Starting about the middle of last week though this issue has become permanent. While I was normally easily able to work around it, the work around fails when I am posting images. 

Have there been any changes to the server configuration recently? 

I know it was not caused by a site configuration change because 3 other sites all exhibit the same behavior that are not used as frequently. 

Currently this is still just in the annoyance category, but as I start needing to put more pictures in content its’ going to increase on my ladder. 

All assistance I could find online pointed to server configuration with PHP version and libXML version issues. 

Thank you, 

TMM
09/15/2011 4:00 AM EDT Updated Ticket: Work in Progress
09/15/2011 7:53 AM EDT Updated Ticket: Work in Progress
09/15/2011 8:51 AM EDT Updated Ticket: Work in Progress
09/15/2011 9:50 AM EDT PowWeb contacted TMM
Subject:

[P08757884000000000] Problems with libXML2
Comment:

Hello, 

Thank you for contacting Support. 

We apologize for any inconvenience this may have caused you. In order to further investigate on your issue, please get back to us with the following information: 

1) Exact steps to duplicate your issue. 

2) URL of the page. 

3) WordPress username and password. 

Thank you! 

Sincerely, 

Kaila Pearson 

Customer Support
09/15/2011 9:19 PM EDT TMM contacted PowWeb
Customer Quote:

Drupal User Info: 

Username: TestUser 

Password:

URL: http://www.the-minuteman.org Full URL varies based on post title, it happens when content is published or sent as a draft to the server. Reproduction steps below show how to make it appear on the front page. 

Reproduction steps: 

1) Configure Windows Live Writer for an “Other services” blog and point to http://www.the-minuteman.org 

2) During configuration tell it to identify the blog theme. 

3) At this point configuration will hang because the post displayed on the front page website (http://www.the-minuteman.org) is incorrect. For example I get the following: 

pThis is a temporary post that was not deleted. Please delete this manually. (1eb91935-d1da-4e9a-85fd-82ce1220f24d – 3bfe001a-32de-4114-a6b4-4005b770f6d7)/p 

This should actually be: 

<p>This is a temporary post that was not deleted. Please delete this manually. (1eb91935-d1da-4e9a-85fd-82ce1220f24d – 3bfe001a-32de-4114-a6b4-4005b770f6d7)</p> 

But the tags were stripped, and the inner text passed through as part of the blog post text. 

Alternatively, you can skip the theme detection and attempt to post to the blog through Live Writer. The content within the post will exhibit the same loss of tags. 

Draft posts can be open and viewed from this listing: 

http://www.the-minuteman.org/admin/content/node 

For some reason the tags are being stripped off and every piece of information I have found points to server configuration, not blog software.
09/15/2011 9:30 PM EDT Updated Ticket: Work in Progress
09/15/2011 10:54 PM EDT PowWeb contacted TMM
Subject:

[P08757884000000000] Problems with libXML2
Comment:

Hello, 

Thank you for contacting Support. 

We apologize for any inconvenience this may have caused you. Could you please get back us with the exact URL where you are trying to login to Drupal admin page, so that we can assist you further. 

Please reply to this email with the requested information, so that we can assist you further. 

Sincerely, 

Riley Malson 

Customer Support
09/16/2011 12:26 AM EDT TMM contacted PowWeb
Customer Quote:

This is not tied to my Drupal web browser interface but the XML-RPC interface that different external programs use to post content. 

The symptoms of the failure are visible on my blog. Here is an example post that failed. 

http://www.the-minuteman.org/content/2011/September/15/failed-test-post-TMM 
09/16/2011 12:27 AM EDT Updated Ticket: Work in Progress
09/16/2011 12:41 AM EDT Updated Ticket: Work in Progress
09/16/2011 12:41 AM EDT Updated Ticket: Work in Progress
09/16/2011 2:31 AM EDT PowWeb contacted TMM (Resolved)
Comment:

Hello, 

In order to further investigate, could you please get back to us with the Drupal admin login details. 

If you have any further questions, please update the Support Console. 

Sincerely, 

Mae Silva 

Technical Specialist
09/16/2011 8:24 PM EDT TMM contacted PowWeb
Customer Quote:

Here is the primary user account information: 

Username: TMM 

Password:
09/16/2011 8:44 PM EDT Updated Ticket: Work in Progress
09/16/2011 9:49 PM EDT PowWeb contacted TMM (Resolved)
Comment:

Hello, 

Thank you for your reply. 

I have checked there is no error logs to investigate further on this issue. Since Drupal is the third party application I suggest you to contact the vendor of the application. 

If you have any further questions, please don’t hesitate to reply through Support Console. We are available 24×7. 

Sincerely, 

Neville Kodner 

Technical Specialist
09/17/2011 1:26 AM EDT TMM contacted PowWeb
Customer Quote:

I have investigated the drupal forums regarding this issue and I have gone one step further and mirrored my site on to a local development server I use for updates. 

The mirrored version of my site, a fresh copy of files and snapshot of the database, placed within my test environment works as it should. I fail to see how this is my blog software or site configuration when I can turn the problem on and off by placing it on my test server here or uploading it to Powweb. 

Not to mention the fact that it was running reliably at the beginning of August and I have not done any changes to configuration other than unrelated module updates. The issue also has seemed to come and go, finally becoming permanent over the past week. I initially ignored it thinking it was a glitch because it would come back later. 

All information I have been able to find regarding this type of issue online points again to the web services host, not the drupal software. 

My test server is running PHP 5.3.2 

Apache 2.2.14 

SQL Version 5.1.46 

Here is the exact error in the Drupal forums: 

http://drupal.org/node/415566 

Here is a similar issue in the Drupal forums: 

http://drupal.org/node/347298#comment-1209085 

http://drupal.org/node/347298#comment-1295684 

I’m confused though since you guys are running 5.2.17 and the issues reported were with 5.2.8. However this has turned on and off entirely on it’s own on your servers with my altering absolutely nothing in the configuration or settings within my blog. Meaning something changed in the hosting configuration. 

There are no error logs because it is a function erroneously stripping out data that it should not. Drupal gets a result from a function call that it thinks is correct but is in fact wrong.
09/17/2011 1:28 AM EDT Updated Ticket: Work in Progress
09/17/2011 1:37 AM EDT PowWeb contacted TMM (Resolved)
Comment:

Hello, 

Thank you for your reply. 

We support PHP version 5.2.17, Apache version 1.3.33 and MySQ version 5.0.45. 

If you have any further questions, please update the Support Console. 

Sincerely, 

Ariel Danson 

Technical Specialist
09/17/2011 1:42 AM EDT TMM contacted PowWeb
Customer Quote:

Has your supported versions changed since June? Something has changed and it doesn’t appear to be by my hand. I created a virgin test site and it is having the same problems. 

I have been using Windows Live Writer since January without issue until about the middle of last month.
09/17/2011 1:42 AM EDT Updated Ticket: Work in Progress
09/17/2011 1:46 AM EDT PowWeb contacted TMM (Resolved)
Comment:

Hello, 

Thank you for getting back to us. 

We apologize for any inconvenience this may have caused you. We have not changed the supported version recently. Please reinstall the application or contact the application provider to fix the issue. 

Thank you! 

Sincerely, 

Aden Nelson 

Technical Specialist

So maybe I’ve been spoiled by the company I work for by the fact that we think customer service is a big deal.  Ownership of a problem is a big deal.  Making sure the customers problem is solved is a big deal.  Getting to root cause is a big deal.  Notice how it was marked resolved long before anything was actually solved.  Very quickly they blamed it on third party software without any actual proof.

This company has totally shifted the blame for the problem from them to me. Ignoring the fact that this has happened on two independent Drupal installs who’s configurations haven’t changed.  No single individual took lead to deal with this problem and just bounced it around.  I’m stuck copying and pasting the source code from WLW into the submission form in Drupal.  Any pictures I want to submit become an arm twisting game of getting the URL correct to point to the image if I’m uploading it.

I just checked, I have prepaid 2 years of hosting starting in Nov 2010.  That gives me a year to come up with a new hosting solution and a solid game plane for site and email migration.  I will actually probably move earlier because I pay per month for my Exchange hosting and if I can find it cheaper, that’s money back in my pocket that I haven’t spent yet.

In the past I was more than happy to recommend Powweb to friends but given the first time I really had a serious issue and support utterly face planted.

If anyone has any input on what the problem might be, here’s an example of what happens when I submit through WLW currently.  I have disabled the TestUser account, and regenerated a new site password for myself since they think this issue is resolved they no longer require access.  Keypass makes stuff like this much easier to handle.  I am NOT going to close this ticket until I find a resolution to this problem.  WLW worked without issue from January to the beginning of August.  At which point I had a few flaky issues, but they always came back.  Then last week it died permanently.

I am going to continue posting new content, I won’t be putting many of my own pictures up except through my photo gallery.

So I am all ears on good hosting providers that support PHP, MySQL, and Exchange services.  I’ve got time and if I move early I’ve got some side sites that can live out there that can die around November 2012.  I know I could host myself, my bandwidth out in BFE though isn’t that great and I hate general IT maintenance with a passion.  So fellow bloggers, what would you recommend.

No Correlation Between The Law and Justice

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Still don’t believe me?  Well here it is from U.S. District court Judge Keith Ellison.

Federal law does not recognize actual innocence as a mechanism to overturn an otherwise valid conviction.

What was the purpose of that statement?  It was his reasoning behind him denying a motion for a new trial.  Think about that long and hard.  Innocence is not a reason to overturn a conviction.  Being innocent does not prevent you from being found guilty and evidence that proves your innocence does not provide a route to overturn a bad verdict.

Translation: “There is no correlation between the law and justice.”

Remember, It takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.  Couple that with three felonies a day and you’re only allowed to remain free by their good graces.

via Uncle.

Quote of the Day – Scott Greenfield(10/10/2012)

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Because of this, all the other safeguards of the criminal justice system kicked in, from due process to double jeopardy.  People at HuffPo and Boing Boing usually like these aspects of the law, except when they don’t. Then they become technicalities and produce injustice, because the outcome doesn’t comport with their sensibilities. Rape is one of the sacred cow crimes, and no law should get in the way of conviction.

It’s all about outcome?  As Ken at Popehat points out, people across the political spectrum pick their positions based on outcomes, just different ones.  It’s not about thinking, but feeling.  The law, however,isn’t about feeling.

(Emphasis mine.) Scott Greenfield – The Future Of Law and The Fool’s Utopia, Rape Edition
October 10, 2012

[I’ve said it before and I’ll say it again.  There is no correlation between the law and justice!  Seriously folks, realize this right here and now.  The point of the law is not just to convict the guilty but to protect the innocent from the power and wrath of the state.

In the end we hope that the law will give some form of justice.  However it is also up to the players within the system to aid in that outcome.  The prosecution in this case clearly screwed up and charged this person with the wrong crime.

Am I sad that this monster is getting away with the actual crime he did?  You bet your ass. Am I angry at the legal system and think it failed?  Yes and no.  I am angry at the prosecutor for doing a piss poor job, I am not however upset that the rest of the system worked as it should to protect the defendant.

The thing to understand is you cannot have your cake and eat it.  While one wants to both protect the innocent and convict the guilty, concessions must be made to protect the innocent.  In doing so the possibility for error can allow the guilty to go free.

This isn’t a bug folks, it’s a feature.  A feature that as Scott points out are more than happy to be cheered about by the same people who now condemn it when they feel it was wrong.

Popehat also put this quite well:

If we’re going to defend rights — if we’re not going to let them be chipped away, bit by bit, in cases involving rape or terrorism or anything else that engenders strong feelings — then we’re going to have to be ready to be called terrorist-sympathizers and un-American and even rape apologists by the likes of Antinous. But I can’t think of any earthly reason why we can’t inform these people that they’re full of shit.

Because folks, that’s how they do it.  They invoke emotion and claim necessity.  Some of us are patient, calm, and rational enough to think the whole problem through.  Most however would prefer we just “do something” because doing something is better than nothing.  Except sometimes doing nothing is actually the best thing to do because someone just screwed the pooch.

More power and depredation of rights is never a solution. -B]

 

I’d say I told you so…

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But what’s the point? The people who realize that using Javascript for everything is a bad idea don’t need me lecturing them. The people who want to use Javascript for everything couldn’t create a secure system, much less understand the realities of a hostile environment if their life depended on it. Their fandom precedes the ability for critical thinking.

This is why when I read this, this morning;

This impacts Node at the Buffer to UTF8 String conversion and can cause a process to crash. The security concern comes from the fact that a lot of data from outside of an application is delivered to Node via this mechanism which means that users can potentially deliver specially crafted input data that can cause an application to crash when it goes through this path.

I said, “And nothing will change.” At least, as a minor saving grace, HTTP(S) headers do not fall vulnerable to this particular bug, but that’s mainly the headers there is question to the remainder of the processing.

The fact is, nothing is perfect, nothing is fool-proof, and frankly my hate for Javascript is largely due to the people I find who fall over themselves defending it. Does it serve a purpose? Yup, you bet. Is is a hammer that should be used while seeing every problem as a nail? Absolutely NOT.