Victims' Family Outraged by Alleged Killer's Dodge Of Death: Edwin Ramos will not face the death penalty for allegedly murdering a father and his two sons. San Francisco Chronicle writer Jaxon Van Derbeken reports that San Francisco District Attorney (and attorney general hopeful) Kamala Harris, will not be seeking the death penalty for the 2008 slayings. Harris made a ridiculous campaign promise never to seek the death penalty. The victims were Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16. Ramos, believed to be an MS-13 gang member, had two gang related offenses as a juvenile for assault of a Muni passenger and attempted robbery of a pregnant woman. Danielle Bologna says that "she is outraged,... She feels that the city of San Francisco has let her and her family down." The San Francisco Districts Attorneys Office spent many months considering whether or not to seek the death penalty in this case. San Francisco has had a long history of not seeking the death penalty. In 1991, Clifford Bolden was the last person to receive the death penalty in San Francisco for 1986 murder of Michael Pedersen. Bolden continues to appeal his conviction.
Appeals Panel Reinstates Overturned Jury Verdict of Excessive Police Force: An appeals panel reinstated a jury's verdict of excessive police force after Chief U.S. District Judge Ernest C. Torres had overturned the verdict. Providence Journal writer Katie Mulvaney reports on the First Circuit Court of Appeals decision to reinstate the jury's findings that a Trooper used excessive force. Jennings' claims the trooper used excessive force while subduing him during the police raid of a Narragansett tribal smoke shop. The tribal smoke shop raid was to prevent the tribe from selling tax-free cigarettes. During the raid, there was a scuffle that required State Trooper Kenneth Jones to maintain his grip on Jennings because he kept resisting. Jennings claims his civil rights were violated because his ankle was twisted until it broke, although it is unclear when his ankle actually broke. On August 24, 2005, Torres overturned the verdict, (story found here) because he found that state police testimony was more credible than Jennings or other defense witnesses. The Appeals court found that Jennings' broken ankle proves there was excessive force.
Not Guilty Due To Asperger Syndrome: William Cottrell was prevented from presenting evidence he has Asperger syndrome during his arson trial. Los Angeles Times writer Carol J. Williams reports that the Ninth Circuit Court of Appeals, which initially upheld the arson conviction because Cottrell's disability did not rise to the level of "gross and verifiable disability" preventing him from understanding what could happen from his initial intention of vandalizing the SUVs with stickers, has revised this holding. In 2004, Cottrell was found guilty of arson for vandalizing and firebombing 125 SUVs. Cottrell believes that his Asperger syndrome proves he is not guilty because it prevented him from forming the specific intent to commit the arson attacks. Williams article explains that Asperger syndrome is a form of autism that impairs a person's ability to interact normally with other and inhibits understanding of facial gestures, body language, and other nonverbal signals. Currently, the U.S. attorney's office is reviewing the case to decide if they will take the case back to the trial court.
Appeals Panel Reinstates Overturned Jury Verdict of Excessive Police Force: An appeals panel reinstated a jury's verdict of excessive police force after Chief U.S. District Judge Ernest C. Torres had overturned the verdict. Providence Journal writer Katie Mulvaney reports on the First Circuit Court of Appeals decision to reinstate the jury's findings that a Trooper used excessive force. Jennings' claims the trooper used excessive force while subduing him during the police raid of a Narragansett tribal smoke shop. The tribal smoke shop raid was to prevent the tribe from selling tax-free cigarettes. During the raid, there was a scuffle that required State Trooper Kenneth Jones to maintain his grip on Jennings because he kept resisting. Jennings claims his civil rights were violated because his ankle was twisted until it broke, although it is unclear when his ankle actually broke. On August 24, 2005, Torres overturned the verdict, (story found here) because he found that state police testimony was more credible than Jennings or other defense witnesses. The Appeals court found that Jennings' broken ankle proves there was excessive force.
Not Guilty Due To Asperger Syndrome: William Cottrell was prevented from presenting evidence he has Asperger syndrome during his arson trial. Los Angeles Times writer Carol J. Williams reports that the Ninth Circuit Court of Appeals, which initially upheld the arson conviction because Cottrell's disability did not rise to the level of "gross and verifiable disability" preventing him from understanding what could happen from his initial intention of vandalizing the SUVs with stickers, has revised this holding. In 2004, Cottrell was found guilty of arson for vandalizing and firebombing 125 SUVs. Cottrell believes that his Asperger syndrome proves he is not guilty because it prevented him from forming the specific intent to commit the arson attacks. Williams article explains that Asperger syndrome is a form of autism that impairs a person's ability to interact normally with other and inhibits understanding of facial gestures, body language, and other nonverbal signals. Currently, the U.S. attorney's office is reviewing the case to decide if they will take the case back to the trial court.
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