Don’t Hold Your Breath Waiting For Hernandez To Testify

AAron smilingThe other day a lawyer for the family of Odin Llyod told the news media he planned – well better that I quote him. “We will also call different witnesses in the civil case, including Mr. Aaron Hernandez, and when we do he will no longer be able to hide behind any sort of Fifth Amendment rights against self-incrimination because he is already convicted of the crime.”

Now I don’t know the lawyer. But I do know when a lawyer is spouting a lot of nonsense and his statement is at the top if the BS pile. Now maybe he just doesn’t understand what he was talking about because his practice is not in the criminal arena but even if that is the case he should know there is no chance that he will ever get Aaron Hernandez to testify.

First, Hernandez’s Fifth Amendment right is still very much alive since his case is on appeal. Until such time as his appeal is heard, his conviction is not final. If he were to die before the decision on appeal, his conviction would be vacated. You may remember the guy, John Salvi, who shot up the two clinics in Brookline where abortions were being performed. He was tried at superior court in Dedham and found guilty. He appealed. During the appeal he killed himself. The guilty findings were set aside.

Assuming Hernandez does not take his own life, which if he did he would not be available to testify in the civil suit, and assuming his conviction is upheld on appeal, then would he be required to testify?

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What Will We Do When The Terrorists Attack? Part Two

(1) syrian soldiersHere’s how the next attacks will come.  They will be by Islamic men from various countries who will have established a strong relationship among themselves overseas. They will have trained as members of a cell. They will have in each cell at least one man taught in the use of explosives, one man who speaks English, and men who are not Arabs. Each man with a specialty will have a back-up person known to the others. They will know like Timothy McVeigh or Tamerlan Tsarnaev how to easily acquire material that can be used as explosives.

They will be, or already have been, put into the United States over our porous borders. If all of one cell does not make it then an alternative will be sent in. No cells will use electronic communications nor will any cell communicate with each other. Once several cells are established near major cities a mechanism will have been established known only to the cell leader or his alternative for keeping in touch with his home contact. Each home contact will have responsibility for one cell and would set up a unique way of communicating with it. The home contact would be in contact with the headquarters group.

Most of these men will not be suicide bombers but in a cell there may be one or two. The majority will be trained in the art of placing a bomb in a crowded place and fleeing immediately from the area to pre-established safe houses. All the video cameras which may show their activities will be useless since they will be disguised and not known to members of the public.

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What Will We Do When The Terrorists Attack? Part One

(1) syrian soldiersYou have to know they are coming. IS and other Jihadist groups like al Qaeda aren’t completely full of dummies who have yet to figure out that we are in their lands killing them while we sit back here in the USA untouched. We’ve been lucky. Our wars against the terrorists have been fought on our terms and on their territories.

At home we have had peace from foreign interventions with minor exceptions since 1812, over 200 years. We had two major attacks by foreigners on us during that time, both were one-offs, a day of attack and that was it.  During the latter part of the 19th Century and early 20th Century certain foreign anarchists entered America and set off bombs. Outside of that we have known peace at home while we war in the lands of other people. Imagine that, in this time when international travel and communications are so easy we are still free from foreign attacks.

Lately we have seen the FBI arrest home-grown terrorists. Usually they a knuckleheads who get caught up by dealing with FBI informants who provide them with the plan, the weapons and then set them up to be caught. It makes for good headlines which the FBI covets but those are not the type of people who are going to cause us any great harm. Most had no chance of ever being able to acquire the weapons or explosives to act on their evil intents.

The FBI is so dependent on informants it is pretty much out of the game as is shown in the Tsarnaev case where it should have acted with more diligence before the Marathon bombing. We have yet to see the FBI catch the 9/11 type terrorists. Those are foreigners who all know each other before they come to the country and when they arrive keep away from others.

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When Will The Suicide Bombers Come?

PetardIt’s a mad world out there. Much of the madness is confined to the Middle East stretching up into Afghanistan and Pakistan. There are some in the Muslim community who believe it is all right to blow themselves up in crowds of people.

I don’t suppose I’m being politically incorrect by saying it is a “Muslim thing” to wrap one’s body in explosives or climb into a car filled with them and setting them off while among others for the purpose of gaining greater glory in another world. I know the president would want you to believe it is an “Extremist thing.” I will let the facts speak for themselves.

There was a time when Israel had to confront this problem. It found the only way to do it was to build a big wall and to set up check-points to ensure that no one could smuggle explosives into their country. The wall started in 2002. Without it Israel was open to this naked aggression which was growing year by year. In the decade of the 1990s Israel suffered 22 suicide bombings; in the five years 2001 to 2005 it experienced 136; from 1990 to 1999 164 individuals were killed; there were 599 killed in the 5 years from 2001 to 2005.

The wall brought an end to them. It hasn’t happened since 2008 that someone has strapped a bomb to his or herself for the purpose of murdering Israeli Jews. To paraphrase Robert Frost: “good walls make safe neighbors.”

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More FBI Gardner Museum Garbage: Reporter’s Failure to Ask Right Questions

Gardner - RembrandtThe favorite story-teller for the FBI in the Boston area has come up with another yarn to show our FBI special agents and their DOJ associates in action.  She has a direct connection to the Boston FBI and DOJ who feed her stories in exchange for covering-up their nonsense or doing their duty work. She’s the one who received from the Boston prosecutor’s secret grand jury testimony and published it for the purpose of undermining a person who the prosecutors had a particular animus toward. It helped to hurt that guy but it also sent a message out that anyone who testifies before a grand jury in Boston can have his or her “secret” testimony leaked and nothing will be done about it.

She is now spinning for the FBI its investigative work in tracking down the art work stolen from the Gardner Museum trying to turn a sow’s ear into a silk purse. The interesting thing about it is that it shows the FBI and the DOJ to be little more than a bunch of bunglers who for lack of any information as to the whereabouts of the art work have fallen for a scam by some petty gangster.

What the FBI has come up with is what I call “a suspect of convenience.”  I came up with that term after working with some cops who would focus on one person for lack of a better suspect and twist and turn every piece of information to fit the suspect. That’s the reason we’ve had so many people who were innocent sent to prison; lacking the real criminal they grab someone else and try to squeeze him into the real criminal’s suit.

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Israel: The Most Ungrateful Nation

(1) American-FlagNathan Sharansky who was a dissident under the Soviet Union and who now lives in Israel has been given op-ed space in the Washington Post to issue a stinging attack on the United States President Barack Obama.

Sharansky was released from the Soviet Union in 1986 and he went to live in Israel. His attack on President Obama is one of the follow-up attacks initiated by Benjamin Netanyahu and the Republican senators. The purpose of these is to have the United States do all in its power to cripple the Iran government and its people by going to war against them. The idea that President Obama would seek a peaceful settlement with Iran is driving them to distraction.

Sadly, there is no sign of gratitude for all the American people have done for Israel over the years. It is a prime example of “what have you done for me  lately.” Israel has been so used to having us serve as their prat boy that it unleashes an untoward attack on us for not following its demands. How could any nation be so ungrateful?

Sharansky is one of the oldest in the Israeli group which has been telling us that Iran is about to acquire bomb any day now. For years he has urged that the United States puts its armed forces in harm’s way. Israel seems to feel no need that it use its own forces.

Here is a quote from him in 2005. The only problem is that we may only have a few more months before Iran becomes a nuclear power. That would place the Jewish state in mortal danger.”  Ten years and counting he has been calling wolf and urging us Americans to bring war and destruction to Iran based on the Iran’s imminent acquisition of a nuclear weapon.

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Saving Terrorist Dzhokhar

marathon bombingNancy Gertner former federal judge who leans left questioned whether Dzhokhar’s trial was necessary because he offered to plead guilty to life in prison. The simple answer to that is it absolutely was necessary. Without a trial we would forever be inundated by conspiracy theorists suggesting he had nothing to do with the bombing (if in fact there was a bombing and not something that occurred on the back lot of a movie studio) and was coerced into pleading guilty. It was positively essential the evidence of the bombing and his guilt be presented to the jury and the public. Kudos to the Boston U.S. attorney for not falling into that trap.

Her real point which she gets to later follows the newspaper’s big press to influence the jury to save terrorist Dzhokhar. She writes: “He was 19, just barely past the date at which the law acknowledges an adolescent’s immature brain. But while the law recognizes 18 as the cutoff point for the death penalty, neuroscience suggests that the period of relative brain immaturity stretches into the early 20s.

I, my brother, my friends were 17 when we joined the military rather than being drafted. Perhaps we, and millions like us, should have notified the draft boards that we were not available to serve during “the period of relative brain immaturity.” I guess because of that immaturity we weren’t smart enough to do that. I also think that points to what many seem to believe that if wars were fought by old men there would be less of them.

Gertner finds lots of company in the media and with politicians and clerics who want us to be merciful when it comes to executing someone who in an act of war, designed to advance the cause of those who are at war with America, murdered Americans. I hope these people don’t have a problem when our 17-year-old American soldiers execute those in foreign lands with whom we are at war with.

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Dzhokhar Tsarnaev Jury Tampering:

P1010073Cornell University Law School defines Jury Tampering as: “The crime of attempting to influence a jury through any means other than presenting evidence and argument in court . . . .”

18 U.S. Code 1504 is titled “Influencing juror by writing”  It reads: “Whoever attempts to influence the action or decision of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his duties, by writing . . ., in relation to such issue or matter, shall be fined under this title or imprisoned not more than six months, or both.”

This came to mind when I read an article in the Boston Globe on April 13 about the foreperson of the jury that is in the process of deliberating the fate of Dzhokhar  Tsarnaev. It did not name her but in a rather unusual manner set about to describe all that was known about her and also the answers that she gave to the questions asked of her in court. In answer to one question she said: “I don’t like being the center of attention, . . . ” Despite her preference she is now having been the subject of this article.

The trial is still continuing, as you know, because having found Dzhokhar guilty the jury has to decide whether he is to be executed or spend the rest of his life in prison. This foreperson will lead the jurors in making that decision. I found the write up quite unusual because I don’t think I’ve ever seen a juror picked out for special attention during a trial like this.

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Aaron Hernandez: A Preventable Tragedy


Hernandez Jurors

NC asked: Who was the person that commented on this site that the prosecution was gumming up this case? Who said that the judge was going to direct a verdict?”  I have to plead guilty to both charged.

NC had chided me on other occasions when I suggested Judge Garsh would direct a verdict. He noted all the factors that tied Hernandez into the murder which could not be overlooked. He was right. Although in my defense, after hearing Hernandez’s girlfriend Shayanna Jenkins testify, I wrote her testimony was contrived and if the jury gets the case her lawyered-up testimony alone was enough to ensure Hernandez’s conviction.

Since you can’t argue with success there is no doubt that the prosecutors approach to the case was the right one. They must have known that from their prior dealings with Judge Garsh that throwing in everything they had was the only way to assure a victory. I noted in my post immediately before the verdict that if the jury kept in mind the big picture, which apparently it did despite closely examining all the bits and pieces of evidence, the result would be a guilty.

Congratulations to the prosecution team and the Massachusetts State Police for the win. I’m sure while the jury slowly sifted through the evidence they suffered as greatly as they did when the judge kept critical pieces of evidence from the jury’s view. In the end a skillful investigation and thorough prosecution secured the day. Congratulations also to the jurors who tried our patience but plodded on to the right result.

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Aaron Hernandez’s Slow Jury

AAron smilingI have followed the Aaron Hernandez trial on Twitter at the hash mark #aaronhernandez. Three groups of people seem to be using it: those who know little about the trial but ask good questions; those who pose as knowledgeable but range from smart to pretenders; and the ham- and-eggers who waste everyone’s time with dumb comments.

The jurors are in their seventh day of deliberation having spent near 35 hours going over the multitude of evidence that was dropped upon them in the case. The jury watchers are getting impatient. One, a reporter, is suggesting that the judge light a fire under them by giving them a charge called the Tuey/Rodriguez telling them to get on with it since they are as well equipped to decide the issue as any group of 12 who will ever be assembled to do so.

The big problem with that suggestion is that there is no evidence such a charge is needed. That only should be given when the jury is deadlocked, that is, where the vote gets stuck at a specific number such as 9 to 3 and no one has moved from his or her position for a while. We learn that is the case when the jury advises the judge that they are at loggerheads.

Here, except for a note requesting a smoking break, there has been no word from the jury for about four and a half days of deliberation. That suggests the jurors are not deadlocked. What it does suggest is not known.

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