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View Diary: What the hell is THIS?! [Updated] (226 comments)

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  •  Some comic relief, (9+ / 0-)

    apropos of ludicrous defenses: a friend of mine was called to serve on a criminal jury, where the defendant had been accused of drunk driving. He was just as drunk as anything. He'd been driving the wrong way on the Bay Bridge, in the reverse direction of oncoming traffic. When he was pulled over, he had a stratospheric blood-alcohol content. His defense attorneys alleged (!) that he had been to a Chinese restaurant right before the incident. There, he had eaten a Chinese meal with too much soy sauce. The soy sauce had fermented in his stomach, causing symptoms of intoxication.

    I'm pretty sure my friend was cut during the jury selection. If it had been me, sitting in the jury box, I wouldn't have been able to keep a straight face. So I'd have been cut, too.

    Whereas this was funny, the defense by the school district in Moraga strikes me as a slap, an insult to people of good sense and goodwill.

    It's here they got the range/ and the machinery for change/ and it's here they got the spiritual thirst. --Leonard Cohen

    by karmsy on Thu Nov 29, 2012 at 07:59:37 AM PST

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    •  That sounds like a defense from Monty Python, (2+ / 0-)
      Recommended by:
      karmsy, LSophia

      yet in California, didn't Dan White get basically a mere 5 year sentence for killing the  San Francisco Supervisor Harvey Milk and the Mayor, George Moscone based on the "Twinkie" defense that the junk food made him do it?  Apparently, even the most specious legal defense has a chance of winning in California, so why not argue something completely crazy.  Someone out there might buy it>

      And it feels like I'm livin'in the wasteland of the free ~ Iris DeMent, 1996

      by MrJersey on Thu Nov 29, 2012 at 09:00:52 AM PST

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      •  Dan White, at the time, (1+ / 0-)
        Recommended by:
        Mathazar

        was a sympathetic figure to the public. Harvey Milk, not so much. Dan White was part of the working class, Irish, traditional old-guard of San Francisco. Harvey Milk was one of...those people, just pushing their way in and changing the whole culture of the City to suit THEM. Sure, murder is wrong, but you could sure understand why he did it, right? You could put yourself in the place of the poor guy pulling the trigger.

        It's here they got the range/ and the machinery for change/ and it's here they got the spiritual thirst. --Leonard Cohen

        by karmsy on Thu Nov 29, 2012 at 01:28:34 PM PST

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        •  I can understand why White did it ...... (0+ / 0-)

          White Privilege!  Dan White decided to undo the choice of the voters by assassinating the leadership of San Francisco, by a political decapitation to unseat the established power structure that he happened not to like.  Had he been black, as in a member of the Black Panther Party, he would have been set up for a State and or Federal death squad, but because he was white, he got off with 5 years and the Twinkie defense.  No matter how sympathetic he was, I cannot see a jury outside of California buying that argument.  

          A California jury also set OJ free too, so I guess crazy juries work both ways in the Golden State.  

          And it feels like I'm livin'in the wasteland of the free ~ Iris DeMent, 1996

          by MrJersey on Thu Nov 29, 2012 at 03:58:55 PM PST

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