gun nannies will even think this is messed up

[alkemyst]

First off, am I the only one wondering who the fuck is the concerned family member and why they didn't tell him he was heading for an arrest?

Convicted for Transporting Guns While Moving, N.J. Gun Owner Seeks Justice

Friday, December 03, 2010

In a case that has drawn national attention, a New Jersey gun owner has been sentenced to seven years in prison for having two unloaded, cased handguns in his car trunk while moving to a new home.

In January 2009, Brian Aitken had recently returned to New Jersey after living in Colorado, and was in the middle of moving from one residence in New Jersey to another, when a concerned family member called police in response to a comment he’d made about his personal life. A search of Aitken’s car by the police revealed two handguns. The handguns—legally purchased in Colorado—were unloaded and contained in a locked box inside a duffel bag. (Aitken was being careful during his move; in fact, he’d contacted the New Jersey State Police to learn about the state’s requirements.)

Despite his care, Aitken was arrested and prosecuted under New Jersey gun laws, which are highly restrictive and even more highly confusing. In New Jersey, it is generally illegal to possess a handgun without a “permit to carry,” but there are many exceptions to the requirement, such as possession in the home. One of the exceptions allows transportation of an unloaded and cased firearm “between one place of business or residence and another when moving.”

Unfortunately for Aitken—who refused to accept a plea bargain because he believed he had done nothing wrong—the judge in the case refused to instruct the jury about the exceptions, despite repeated requests from Aitken’s attorney and even from the jury itself. Lacking that information, the jury convicted Aitken and he received a harsh prison sentence.

Aitken’s attorney, Evan Nappen, called the case a “perfect storm of injustice.” (The NRA Civil Rights Defense Fund supported Aitken’s defense at trial.) At press time, Aitken is serving his sentence while his appeal is pending. He is also seeking a pardon or commuted sentence from Gov. Chris Christie. In a letter to the governor supporting Aiken’s clemency request, pro-gun Assemblyman Michael Patrick Carroll rightly noted that even if Aitken had committed “wholly technical violations [of] wholly problematic laws,” “not every violation of the law warrants an indictment, let alone incarceration.”

We can only hope this case will wake up more New Jersey lawmakers to the impact of their posturing on honest citizens.

 

[jhu]

I bet this gets an appeal.

 

[Londo_Jowo]

Repost

http://forums.anandtech.com/showthread.php?t=2120490

 

[Zebo]

How can a right be granted or abrogated? Heller should have tossed this and he should file a civil rights violation against broke ass NJ while he's at it.

 

[Red Dawn]

Woke up this morning with a Blue Moon in your eyes

 

[alkemyst]

Repost

http://forums.anandtech.com/showthread.php?t=2120490

fight the good fight son, fight the good fight!

 

[sandorski]

He should win on appeal. Seems pretty clear he did not break the Law. Assuming the article is accurate.

 

[Freshgeardude]

seems like the judge booted his whole defense without reason, even after the jury was questioning for it

fuck the judge, get this guy out of jail.

hope he sues for big

 

[Lanyap]

The judge in question.

Former N.J. judge not reappointed by Gov. Christie says he was kicked off bench unfairly
Published: Thursday, June 17, 2010, 7:30 PM Updated: Thursday, June 17, 2010, 9:07 PM

CHERRY HILL — Is a teacher’s aide who has sex with a 16-year-old student a predator?

Is it torment to calves if a man receives oral sex from them? (<wut? )

Former Superior Court Judge James Morley Thursday said his answers to those questions in two controversial cases unfairly cost him his job.

"The governor has seen fit not to reappoint me, and that’s his prerogative," Morley said. "No objective, fair-minded and reasonably well-informed person could read those transcripts, individually or in combination, as providing a reason for denying me tenure."

Morley, sitting in Burlington County, had said he did not believe the teacher’s aide was a predator and the evidence did not fit the state’s animal cruelty statute in the case of five calves.

Speaking at a friend’s law office in Cherry Hill, Morley, 62, of Moorestown, said he wanted to restore his reputation and "set the record straight." His seven-year term on the bench expired Wednesday.

The former judge, who noted "thousands of cases" had come before him, said he was informed by the governor’s chief counsel on June 8 that he would not be renominated "because the governor had concerns about (my) comments and reasoning in the two cases."

Morley said no one has appealed his rulings in either case or publicly complained about them, and he noted the lead prosecutor in both told the governor’s office he had reached "the correct result in each."

Previous coverage:
• Justice Wallace grateful for colleague support as term ends

• Mount Holly teacher's aide gets five years for sex with student

• Court drops animal cruelty charges against former Burlington cop


The governor’s office declined to discuss specifics Thursday.

"We thank Judge Morley for his service on the bench," said Michael Drewniak, Christie’s spokesman. "We certainly understand his disappointment, but the governor has made his decision."

In the case of Donna Goebel, a 45-year-old teacher’s aide and mother, Morley had said he did not think she was a predator for having sex with a 16-year-old boy, basing his comment on the circumstances of the case. He also said that but for the woman being a teacher’s aide, the relationship would not have been a crime because the age of consent in New Jersey is 16.

But Morley also stressed Thursday and in court that what Goebel did was both wrong and a crime. In October, he sentenced her to five years in prison for second-degree sexual assault, a crime that carries a five-to-10 year term.

Morley additionally defended his September decision to toss out animal cruelty charges against the man who allegedly had oral sex with the cows. In the absence of a state law on bestiality, prosecutors had only animal cruelty charges to bring against former Moorestown officer Robert Melia. That brought Morley a dilemma.

"I’m not saying it’s okay," he had said in court. "This is a legal question for me. It’s not a question of morals."

Morley ultimately threw out the four animal-cruelty charges because he said the evidence did not support the charge. After Melia’s arrest in the alleged sexual assaults of three girls, a search of the defendant’s computer revealed videos of him allegedly receiving oral sex from the cows. He is awaiting trial on 48 other counts.

A former State Commission of Investigation director, Morley said he’s now retired and considering options.

Besides Morley, Christie governor has opted to dismiss Supreme Court Justice John Wallace Jr. Although Morley was dismissed with little fanfare, Wallace’s failure to receive tenure caused a huge outcry in the legal community.

http://www.nj.com/news/index.ssf/2010/06/former_superior_court_judge_no.html

 

[Dr. Zaus]

Sounds like a good judge.

 

[alkemyst]

He should win on appeal. Seems pretty clear he did not break the Law. Assuming the article is accurate.

depending on what the 'concerned' relative told the police.

 

[alkemyst]

Well IMHO I can agree with Morley on the case of the 16 year old. This is more and more popular now with the whole cougar/milf/gilf in our society. There is no way a 16 year old boy can have a long term relationship, meeting up uncoerced to various places and have sex constantly. Fuck some of these kids bring the chick to their football games at school.

In regards to the calves. Like the judge I don't agree with it. It's demented, but there was no harm done to the calf. If the prosecutor was going for a beastiality charge then the case would have probably ended differently. It's not up to the judge to say "well you came in here for a speeding ticket, but I am finding you guilty of that meth they didn't mention in court today"