Judge Richard Hersch, (soon to be retiring?) found no proof evident, no presumption great, and released one of two 12 year old suspects in a capital sexual battery. JM D'Escoubet and Kellie Petterson of RC3 secured his release after a lengthy Arthur Hearing next week. Well done!
Query: Should any 12-year-old ever be held in an adult jail without bond in any case?
Such prosecutions cannot help but remind us of young George Stinney, 14 years old, and executed shortly after his arrest for a crime on a white woman. He was so small he couldn't fit and be held in the electric chair. How our legal system treats juveniles is just shameful.
And what about the Arthur hearing standard. NPE NPG is a mouthful of obscure legal terms. We know the standard is higher than proof beyond a reasonable doubt, but beyond that its a jumbled mish-mash mystery.
Hows abouts we all get together and re-phrase the standard so everyone is on the same page and everyone can understand it?
Something like: Proof beyond a reasonable doubt to justify a hold with no bond? Or
The highest proof possible in a criminal prosecution?
Or
Proof beyond nearly any doubt of guilt sufficient to hold a defendant without bond?
https://flcourts-media.flcourts.gov/content/download/2486137/opinion/Opinion_2025-2545.pdf
ReplyDeleteGreat result! Who is Deborah Prager?
DeleteYou place blame on the criminal justice system. My question is where are the experienced ASA's who handle these cases? If you are holding a juvenile without bond, shouldn't there be at least two layers of review? Especially with sex abuse cases involving juvenile defendants. These cases are notoriously weak. Just saying.
ReplyDeleteThey should let him out and he can stay at your place.
ReplyDeleteI would gladly let this young man stay at my place. He clearly needs adult supervision and guidance. 12 year olds are not criminals.
DeleteThe didn't do nuffin crowd, the heroes of the left.
ReplyDeleteJM is one of the best attorneys in Dade County! Well done!
ReplyDelete