Killer to be set free due to legal system

[CVSiN]

The decision could free a man who openly admitted that he took an elephant gun in April of 1998 and fired a single shot into Cook's stomach, his former best friend. Two weeks earlier Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997. Payne has said Cook threatened his 12-year-old daughter and girlfriend.


Sorry but if this asswipe threatened my family after being proven capable of doing such a thing Id do a whole lot worse that shoot him....

He should have gotten a commendation for ridding the world of a molester...

 

[DorkBoy]

Originally posted by: Amused

Originally posted by: JulesMaximus
Meh, he killed a child molester. He should be given a medal not prison.

The man he killed was not convicted of anything.

Do you believe that everyone arrested and charged is automatically guilty and should be killed by vigilantes?

Yes!

 

[DorkBoy]

Originally posted by: CVSiN
The decision could free a man who openly admitted that he took an elephant gun in April of 1998 and fired a single shot into Cook's stomach, his former best friend. Two weeks earlier Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997. Payne has said Cook threatened his 12-year-old daughter and girlfriend.


Sorry but if this asswipe threatened my family after being proven capable of doing such a thing Id do a whole lot worse that shoot him....

He should have gotten a commendation for ridding the world of a molester...

Wait until Amused reads this, she'll have something to say

 

[Amused]

Originally posted by: DorkBoy

Originally posted by: CVSiN
The decision could free a man who openly admitted that he took an elephant gun in April of 1998 and fired a single shot into Cook's stomach, his former best friend. Two weeks earlier Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997. Payne has said Cook threatened his 12-year-old daughter and girlfriend.


Sorry but if this asswipe threatened my family after being proven capable of doing such a thing Id do a whole lot worse that shoot him....

He should have gotten a commendation for ridding the world of a molester...

Wait until Amused reads this, she'll have something to say

She?

And I have already addressed this sentiment in my posts above. No need to repeat myself.

 

[Amused]

Originally posted by: DorkBoy

Originally posted by: Amused

Originally posted by: JulesMaximus
Meh, he killed a child molester. He should be given a medal not prison.

The man he killed was not convicted of anything.

Do you believe that everyone arrested and charged is automatically guilty and should be killed by vigilantes?

Yes!

Really? Tell me, what if you were arrested for a crime you did not commit? How would you feel?

Do you know anything of the massive molestation hysteria of the late 80s, early 90s? How many hundreds were wrongfully jailed and their lives ruined based on the suggestive counseling of kids?

 

[notfred]

The decision could free a man who openly admitted that he took an elephant gun in April of 1998 and fired a single shot into Cook's stomach, his former best friend. Two weeks earlier Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997. Payne has said Cook threatened his 12-year-old daughter and girlfriend.

While there's no legal ground for him to get out of jail due to these circumstances, I certainly would feel better living in the same neighborhood as "the guy who shot the child molester" than I would living in th same neighborhood as a child molester.

 

[Xionide]

Originally posted by: DorkBoy
"Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997"

He should be dead and Payne freed for killing a child molester, I hope he gets out.

Agreed

 

[Xionide]

tp

 

[Xionide]

dp

 

[Xionide]

qp

 

[Xionide]

Originally posted by: Amused

Originally posted by: DorkBoy
"Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997"

He should be dead and Payne freed for killing a child molester, I hope he gets out.

One, that is vigilantism, and is illegal for obvious reasons.

Two, the man was never convicted. He never had his day in court.

Killing him was murder, no matter how you try to justify it.

Oh boo fvcking hoo. He threatened his gf and daughter.

 

[Xionide]

fp

 

[rgwalt]

Originally posted by: Amused

Originally posted by: Toasthead

Originally posted by: Amused
Time to fire the DA.

Your cliffs are wrong. He was found guilty of Depraved Indifference by a jury, and not guilty of intentional murder (The DA charged him with both, allowing the jury to pick which to convict him of). The higher court correctly says his crime was not depreved indifference and therefore he must be set free. He cannot be retried for intentional murder because of double jeopardy.

It's the DA's fault for using that charge in the first place. In this case, the legal system is working fine. It is the DA who fscked up and desrves to be fired.

I always thought double jeopardy meant you couldnt be CONVICTED of the same crime twice. The DA could always retry him and say we have new evidence that suggests he DID commit murder ( HIS confession).
Am I way off base here?


Ok heres the info on it:

There are three essential protections included in double jeopardy: protection from being retried for the same crime after an acquittal; protection from retrial after a conviction; and protection from being punished multiple times for the same offense.

He was tried for two charges: Depraved indifference, AND intentional murder. The Jury found him guilty on the charge of depraved indifference, and aquitted him on the charge of intentional murder.

Double jeopardy means you cannot be TRIED for the same crime twice. He has been tried once, and aquitted of the crime of intentional murder.

5th Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subjected for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

So since he was aquitted him on the charge of intentional murder, he cannot be retried for that charge. It doesn't matter that the depraved indifference charge didn't stick.

I wonder what kind of sentence he would have received if he was convicted of intentional murder? He has served 6 years, and if his defense attorny is right, he does not have a history of voilent crime. How many years is a human life worth?

R

 

[Amused]

Originally posted by: Xionide

Originally posted by: Amused

Originally posted by: DorkBoy
"Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997"

He should be dead and Payne freed for killing a child molester, I hope he gets out.

One, that is vigilantism, and is illegal for obvious reasons.

Two, the man was never convicted. He never had his day in court.

Killing him was murder, no matter how you try to justify it.

Oh boo fvcking hoo. He threatened his gf and daughter.

Says he. What other evidence do you have that this indeed happened? How do you not know that the guy simply had a murderous knee-jerk reaction to having a charged (but not convicted) child molester living nearby?

Oh boo hoo? Is that what you want to hear when someone makes a false claim against you and then kills you based upon it?

These questions are WHY we have this thing called a LEGAL SYSTEM. It is a way of determining guilt or innocence. Running over and shooting someone is NOT the way to handle such things.

 

[JDub02]

If what he says is true and the child molester neighbor did threaten his wife and kid .. I can't say I blame him much.

 

[Xionide]

Originally posted by: Amused

Originally posted by: Xionide

Originally posted by: Amused

Originally posted by: DorkBoy
"Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997"

He should be dead and Payne freed for killing a child molester, I hope he gets out.

One, that is vigilantism, and is illegal for obvious reasons.

Two, the man was never convicted. He never had his day in court.

Killing him was murder, no matter how you try to justify it.

Oh boo fvcking hoo. He threatened his gf and daughter.

Says he. What other evidence do you have that this indeed happened? How do you not know that the guy simply had a murderous knee-jerk reaction to having a charged (but not convicted) child molester living nearby?

Oh boo hoo? Is that what you want to hear when someone makes a false claim against you and then kills you based upon it?

These questions are WHY we have this thing called a LEGAL SYSTEM. It is a way of determining guilt or innocence. Running over and shooting someone is NOT the way to handle such things.

Yes and the legal system constantly proves itself to be reliable and to serve just cause. Maybe if OJ were behind bars I would agree. Maybe if tom green (the polygamist) wasnt behind bars I would agree. But if this guy did in fact soddomize some 8 y/o girl then he definately deserved it. If he threatened his family he definately deserved it. I doubt he would just wake up one day and be like "well my best friend was just accused of child molestation so I am going to go shoot him and say he threatened me". Hell he even admitted to shooting him, he was probably proud of it.

In a legal system were its obvious that politions are probably getting paid by the RIAA to set new laws and mollest our ammendments and twist them as to they see fit I have no faith in our legal system.

If you disagree then sit on a telephone pole and spin.

 

[Xionide]

How is this anyones fault he is being let out. He went through the court system and the jury said he was not guilty on the murder charge. Isn't that legal? I mean I doubt they just decided to let him go without seeing real evidence that the 8y/o girl was mollested.

 

[Amused]

Originally posted by: Xionide

Originally posted by: Amused

Originally posted by: Xionide

Originally posted by: Amused

Originally posted by: DorkBoy
"Cook had been arrested and charged with sodomizing and molesting an 8-year-old girl in July of 1997"

He should be dead and Payne freed for killing a child molester, I hope he gets out.

One, that is vigilantism, and is illegal for obvious reasons.

Two, the man was never convicted. He never had his day in court.

Killing him was murder, no matter how you try to justify it.

Oh boo fvcking hoo. He threatened his gf and daughter.

Says he. What other evidence do you have that this indeed happened? How do you not know that the guy simply had a murderous knee-jerk reaction to having a charged (but not convicted) child molester living nearby?

Oh boo hoo? Is that what you want to hear when someone makes a false claim against you and then kills you based upon it?

These questions are WHY we have this thing called a LEGAL SYSTEM. It is a way of determining guilt or innocence. Running over and shooting someone is NOT the way to handle such things.

Yes and the legal system constantly proves itself to be reliable and to serve just cause. Maybe if OJ were behind bars I would agree. Maybe if tom green (the polygamist) wasnt behind bars I would agree. But if this guy did in fact soddomize some 8 y/o girl then he definately deserved it. If he threatened his family he definately deserved it. I doubt he would just wake up one day and be like "well my best friend was just accused of child molestation so I am going to go shoot him and say he threatened me". Hell he even admitted to shooting him, he was probably proud of it.

In a legal system were its obvious that politions are probably getting paid by the RIAA to set new laws and mollest our ammendments and twist them as to they see fit I have no faith in our legal system.

If you disagree then sit on a telephone pole and spin.

Just because the system has flaws due to human nature does NOT make vigilantism a better way to go. Vigilantism is, and always has been FAR more flawed than our current justice system.

There are a LOT of "ifs" in your post that can never be answered because this guy denied his victim his day in court. The jury found him guilty in the killing of the accused molester, meaning verbal threats were either not provable, or NOT justification for murder, but probably BOTH.

It is the DA's fault for pressing the WRONG charges against him. The man is clearly guilty of murder.

The only justification for murder is an imminent threat. Going over to someone's house and shooting them is NOT a case of imminent threat.

 

[Xionide]

How do you know there wasn't imminent threat?

 

[Amused]

Originally posted by: Xionide
How do you know there wasn't imminent threat?

http://www.gregpalast.com/detail.cfm?artid=6&row=1

Last autumn, one of my neighbours, Kenneth Payne, fortified by the courage available at one of our local bars, loaded his shotgun, walked across the road to the trailer home of best buddy Curtis Cook and emptied both barrels into Cook's stomach.

Sounds like pre-meditated murder to me and FAR from an imminent threat.

 

[DorkBoy]

Originally posted by: Amused

Originally posted by: Xionide
How do you know there wasn't imminent threat?

http://www.gregpalast.com/detail.cfm?artid=6&row=1

Last autumn, one of my neighbours, Kenneth Payne, fortified by the courage available at one of our local bars, loaded his shotgun, walked across the road to the trailer home of best buddy Curtis Cook and emptied both barrels into Cook's stomach.

Sounds like pre-meditated murder to me and FAR from an imminent threat.

doesn't matter, he had a good reason

you would also blame the 8 year old for getting molested wouldn't you

 

[Amused]

Originally posted by: DorkBoy

Originally posted by: Amused

Originally posted by: Xionide
How do you know there wasn't imminent threat?

http://www.gregpalast.com/detail.cfm?artid=6&row=1

Last autumn, one of my neighbours, Kenneth Payne, fortified by the courage available at one of our local bars, loaded his shotgun, walked across the road to the trailer home of best buddy Curtis Cook and emptied both barrels into Cook's stomach.

Sounds like pre-meditated murder to me and FAR from an imminent threat.

doesn't matter, he had a good reason

you would also blame the 8 year old for getting molested wouldn't you

Fine. I am now making the claim you just IMed me and admitted you molested 50 young boys. Do I get to get drunk and pump two shotgun blasts into your belly?

Please say yes.

 

[Calin]

What the hell is wrong with you? It looks like you are considering yourselves judge, jury and executioner. What I would like to know, how many of you are christians?

Calin

 

[SuperTool]

That's hillarious. So his is released because he wasn't convicted of a serious enough charge? Don't you then have to release every murderer who plea bargained for manslaughter?

 

[fyleow]

Originally posted by: Xionide
How is this anyones fault he is being let out. He went through the court system and the jury said he was not guilty on the murder charge. Isn't that legal? I mean I doubt they just decided to let him go without seeing real evidence that the 8y/o girl was mollested.

How does him mollesting an 8 year old girl have any bearing on this case? Murder is murder.