General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs anyone else old enough to remember George Gwaltney -- (This is about Rittenhouse.)
Gwaltney was a CHP officer in the Barstow, CA, area. His state defense counsel, George Porter got Gwaltney off on murder charges in the State case. Gwaltney was convicted on violation of civil rights charges in the federal case and died in federal prison.
https://cdnc.ucr.edu/?a=d&d=DS19840511.2.20&e=-------en--20--1--txt-txIN--------1
I am wondering if there is someway to charge and convict Rittenhouse in the same way.
Yarnie
(90 posts)But, KR isn't a cop, for one thing, so that may be the big difference.
If the DOJ could bring charges in any murder case after an acquittal, then the prohibition on double jeopardy would be meaningless.
Scottie Mom
(5,812 posts)IMO, you do not have to be a cop to violate someone's civil rights.
Yarnie
(90 posts)was considered to be a violation of civil rights, then when would double jeopardy apply?
Scottie Mom
(5,812 posts)Yarnie
(90 posts)I see what you're saying now. I just don't think there will be a DOJ prosecution.
Scottie Mom
(5,812 posts)I would hate to be him, however. IMO, he is going to be looking over his shoulder for the rest of his life.
Scottie Mom
(5,812 posts)The "Porter" referenced in this was an old friend of mine, a major criminal defense attorney in San Bernardino, and he defended Gwaltney, the CHP officer charged twice with the murder or Robin Bishop. Porter hung the state jury twice and and then got a dismissal when the state tried a third time to try Gwaltney. I sat in on -- only as an observer -- the 2nd state trial that Porter did. However, the federal court convicted Gwaltney of the violating the civil rights of Bishop:
https://www.legacy.com/us/obituaries/ivdailybulletin/name/george-porter-obituary?id=23962212
George Porter on a few days of the Gwaltney trial had seats reserved in the courtroom. One a few of those days, I occupied a seat and watched him try that case. Like Rittenhouse, I found Gwaltney to be guilty as hell. However, it is not the place of a defense attorney to judge guilt or innocence. That is the purview of a jury.
Yarnie
(90 posts)I was in the courtroom a couple of years ago, for a much different case. (It was animal abuse/hoarding.) Found it fascinating. Your friend must be a very interesting person to talk to.
Scottie Mom
(5,812 posts)However, watching him in a courtroom was far more fascinating. He was one of the best trial attorneys I have ever seen.
Learned a lot from him.
Ocelot II
(115,686 posts)Scottie Mom
(5,812 posts)Look at the ACLU site and what they are involved in.
Ocelot II
(115,686 posts)that would apply, 18 USC 249, the hate crimes statute (the others all relate to government actors such as police), it is unlawful "to willfully cause bodily injury or attempt to do so with fire, firearm, or other dangerous weapon when 1) the crime was committed because of the actual or perceived race, color, religion, national origin of any person, or 2) the crime was committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person and the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction."
It might be a stretch to try to prosecute him under this statute since his victims were all white, even though the underlying protest related to the shooting of a black man by the police.