I told you yesterday that I thought Lehigh County Judge Kelly Banach exhibited bias in the prosecution of Christoper Fitzgerald. When she marched into her courtroom on Monday, the first thing she did was demand an apology from his lawyer, who by his own admission had over-reacted to her refusal to give a specific jury instruction that she later gave anyway, in response to questions from the jury itself. her demand, made right before the case was going to the jury, was designed to elicit the apology she got. She had it in for Jack McMahon, and was going to put him in his place. Of course, he apologized. He's no fool. And then he went on to win the case.
Now she's been put in her place. And I doubt she'd get an apology if she asked for it now.
I was discussing this topic at length with fellow blogger Michael Molovinsky yesterday, explaining that McMahon is a proper bastard and every defendant has the right to effective representation.
"I acknowledge your expertise in matters like this," Molovinsky told me.
"You mean on the law?" I asked.
"No, on bastards."
I guess I got put in my place, too.
24 comments:
Two plainclothes cowboys playing tailgating withy a guy. They follow him everywhere. Of course the case was going to fail. It was doomed form the start. The asshole cowboys should be reprimanded by their Department. Or sent to Texas.
The very scary thing about the case that we have to appreciate is that it took the jury almost 7 hours to reach the conclusion that this man was not guilty.
Actually, if you read the comment boards at the newspaper or even here, you'll see why. This is an area that assumes others are guilty until proven innocent, especially if they are black.
MM already has stated that Fitzgerald has joined the "OJ club", and has referred to this young man as a "baby daddy" who knew he was guilty. These are remarks you don't make about white defendants who are acquitted. This just plays into the hands of those who are bigoted. As a Jew who has experienced anti-Semitism and can read the comment boards, MM should know better than most that this area is still very prejudiced.
bernie, although i addressed your misrepresentation on my blog, i will also do so here. i asked why the baby daddy didn't get married, because him being a family man protecting "his family" was his defense. to use only half my quote is unfair. OJ to me represents an obvious guilty person going free, it has no racial connotation to me.
Did not Banach actually end up giving the instruction that McMahon requested, the rejection of which caused his outburst? I believe the jury asked about a self defense element late in deliberations, and Banach gave them a justification instruction.
MM, I do not consider you a racist. But as I pointed out in a comment submitted to your blog, words have power. The OJ reference certainly conveys the impression that yet another black guy got away with a crime. The "baby daddy" remark appeals to those who dehumanize blacks as having no family when the reality is that marriage is on the wane everywhere and Fitzgerald is, in fact, engaged.
"Did not Banach actually end up giving the instruction that McMahon requested, the rejection of which caused his outburst? I believe the jury asked about a self defense element late in deliberations, and Banach gave them a justification instruction."
That is correct, from what I have read. I was not there.
bernie, i have no motivation, whatsoever, to either incite or reduce prejudice, i simply tell it as i see it. junior fritzgerald is a liar, who should have been convicted. if he really thought the guys behind his car were the bad guys, who may well then have weapons, why did he jeopardize his "family" by stopping his car and pulling out a gun, inviting a gun fight. he's lucky that they didn't shoot him, and he's lucky his philadelphia lawyer convinced someone on the jury to acquit. he will be one dangerous cop.
MM... Correction officers are always in danger. Just like law enforcement. In Northampton County they get excriment thrown at them and the work release people some of who are connected to gangs may have reason to "take care" of a guard. The fact that these officers did not identify themselves in this situation was tragic and there was a lot of testosterone flowing. My guess is you replace these two officers with Allentown PD in an unmarked car and in street clothing this would not happen. Why... Fitzgerald would have recognized the officers and knew there was no threat.
MM, He was acquitted unanimously. This was no hung jury, despite the attempt by the judge to remove all evidence of a defense. Justification is a defense. I believe someone who is being tailed continuously has a right to defend himself, especially when his child and the woman he loves is in his car. He pulled over to allow the cops to pass. They chose instead to pull right behind him. At this point, i believe he was justified in brandishing a weapon. So did the jury. All 12. I'll agree he was lucky he had a good lawyer.Most black defendants would be unable to afford one. You're entitled to your opinion, but the OJ and baby daddy references were out of line and appeal to those who are racists.
I think an interesting comparison to how many Detectives there are in Northampton County vs. Lehigh is at hand Bernie. It also should be noted that the results seem to be better with Morganelli's squad than with the small police force Martin employs.
bernie, i didn't hear that the acquittal was unanimous, but know that the decision took 5 hours. please cite the unanimous source. the other car was behind him for three blocks, not "continuous" he didn't pull over, he stopped in the middle of the road and got out with his gun. there was nothing racial about the OJ reference, and the baby daddy was actually in reply to you, and your parroting his attorney with the woman "he loves" blather, i then suggested that he get married.
@10:53, actually, all those claims are from you. ironically, a number of your harassment and libel victims are people of color. although you claim that your misrepresentations are libel proof, your day with martin is approaching. maybe you should hire that philadelphia lawyer.
MM, In a criminal case, the verdict of a jury must be unanimous or it is a hung jury. All 12 must agree, one way or the other. This was not one or two holdouts. These are the people who sat there and listened to the evidence. The decision may have taken seven, not five, hours. We can advance all kinds of reasons for this. I would argue that their question demonstrated what they were talking about. They wanted to know about justification, precisely the same subject on which Banach refused to charge and called Att'y McMahon a lunatic for suggesting. After she reversed course and charged them on the defense, things were resolved rather quickly.
Your remarks about OJ and baby daddy reference crossed a line you should not cross, at least not in my opinion. I made my points about how that just appeals to bigots. You explained.
MM, please do not reply to the Blog Mentor. I will delete his comments as I see them. He is unwelcome here or most anywhere.
Yet you defend Ron Angle who showed what a bigot he is on "Business Matters".. Is it any wonder he was condemned by the President of the local NAACP.
I was at the taping. There were four guests. Two black, one Latino and Ron. Ron was told several times by the Latino to be quiet and maybe he'll learn something. I lpearned that bigotrs come in all shapes and forms, and include Latinos and blacks. Jude Denis is clearly a bigot, something I knew long before this show aired. During the show, she castigated white supremacists and her black companion discussed how unfortunate it is that many blacks ahave colonized minds. The Latino noted that fellow Latnios consider Cubans the Jews of the Latinos, which is a slam both at Cubans and Jews. It was very enlightening. There were three bigots on that show, and the one who was not is Ron Angle,. After it was all over, the colonized mind drove off in a brand new Lexus.
Bernie totally OT but congrats to Dat and best as he continues his basketball career! Great to see him succeed and love to read you brag a bit!
The Banker
Thanks, Banker. Don't tempt me or I'll post a video. I did not see him play for about two months and was blown away when I did this past weekend. His entire team is scary and includes a dude from Emmaus.
Saw the show with a few people. It was unfortunate to see Mr. Angle act the way he did. The women were trying to enlighten him on how institutionalized and endemic racism can be in a society. All he could do was babble on about,"Ya have a black president", and say how he made a success out of himself. Their well made points flew right over his head.
Racism is not something that ends with a black President or a law. Especially when the color of ones skin has been associated with it for centuries. We have come some way but have along way to go.
Hopefully, the show can bring on more enlightened individuals with an open and intelligent mind to discuss this important tissue. Mr. Angle came off as demeaning and dismissive. You do him a disservice by pretending to be stupid and not getting their points. You are smarter than that and you know it. You would be better served and a better friend if you explained to him what they were trying to say. Sad performance.
The most bigoted people on that show were the two black women and the Latino. That was hardly my own sentiment.
Even commenters on Lehigh Valley Live noted his racist remarks. He can't help himself. He is what he is, whatever that is.
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