It is hard to put into words.... today was such a great example to - TopicsExpress



          

It is hard to put into words.... today was such a great example to why there should not be a death penalty. To think that our state is putting so much effort into taking the life of one of its citizens makes me sick.... We had 5 motions today to be heard. It was agreed on in one motion to have more funds for investigation. So your tax dollars are still being spent! The other 4 motions were all related to the death penalty and why it is not right in this case. In the first argued motion, we asked that the 6 new charges be dropped due to the indictments coming 11.5 years after the case was originally prosecuted. It is against Justins due process rights to have new charges so long after the fact- memories fade, people have died, evidence has been destroyed and charging him now violates fair play and decency as well as due process. A delay in these new indictments puts the commonwealth at an advantage, however the state has crazy requirements to prove this advantage. The fact that evidence to prove his innocence has been destroyed and people have died and cannot be cross examined should be enough, but not in the Manassas courthouse! The Commonwealth Attorney (CA) argued that THEY also have the disadvantage of evidence destroyed and memories failing so they have no advantage (so WHY ARE THEY DOING THIS!) Our attorney pointed out that they had the evidence 12 years ago and CHOSE not to prosecute plus the investigator for the drug task force has said Justins name was not in the files, which proves he was not the ringleader here so these new charges should be dismissed! However, the judge denied this motion. It is like she never went to law school! the state has the burden to prove guilt, and the defendant has protection and rights given by the constitution! The next few motions had to do with our team trying to get the death penalty off the table for different reasons. For instance, since the evidence has been destroyed, it deprives my son the opportunity to prove his innocence in these CCE charges. I cannot get my head around listening to the CA work so hard at trying to kill my child! He claimed he takes the responsibility of seeking the death penalty very seriously, however we are being deprived of showing evidence of his good behavior over the past 12 years by being deprived of putting on an expert witness to show he is not a threat to anyone, and never has been. The CA argued that an expert will be paid to formulate a biased opinion!! They also want to use unadjudicated criminal charges against him in order to secure a sentence of death. This means charges he was never charged, tried or convicted of can be used against him to sentence him to death! I just wanted to ask the CA if he even listened to or understood what he was saying or doing- did he realize that what he was doing was the utmost premeditated murder!! I wanted to ask him about his new baby and tell him about my baby, now grown and fighting for his life. I want to tell him how I hoped that no one would EVER work so hard to hurt his child as he is doing to hurt mine; to kill mine..... Robert Green Ingersoll said The greatest test of courage on earth is to bear defeat without losing heart. I learned later this afternoon, that as I sat in a courtroom fighting for the life of my son, another friend has learned that her son took his life last night. I ask that as you hit your knees tonight, you keep them in your prayers as well.
Posted on: Thu, 25 Sep 2014 03:16:03 +0000

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