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by anaconda-dan from St. Charles, MO

Last Post 8 days, 11 hours Ago


Mistrial - apathy and outrage
Apr 4, 2007 | 10:24 AM
Category: News
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Quite a bit of chatter on the web yesterday and today regarding the Kevin Johnson mistrial. Unfortunately, much of it has boiled down to cries of racism and prejudice. Some pretty heated discussions and accusations out there. Regardless, the declaration of a mistrial doesn't mean Johnson walks. The trial resulted in a hung jury while deliberating over a first or second-degree conviction. This isn't all that unusual, this simply shows that the system, as it is in place now, works. When considering cases where the death penalty my be incurred, state law requires a unanimous decision be reached by the jury. It is possible for the jury to become "hung" by one person who for religious or moral reasons, refuses to impose that sentence. Right or wrong, by your way of thinking, that's what we have in place in the state of Missouri. Even in a blatant case such as this, where a confession to the crime has been made, the laws for conviction and sentencing must be followed. It's easier to convict than sentence, in most cases.
Some states do not require a unanimous decision, rather a majority rule can impose sentence. This helps eliminate the possibility of a 'rogue' juror causing disruption in the proceedings.

Kevin Johnson will be tried again. Hopefully convicted and sentenced appropriately. Remember, for all of your outrage, we control how our courts work. So, faking sick to get out of jury duty, not voting, and not getting involved in your community are some of the reasons these things happen. So instead of whining on a blog, or calling people names from the safety of your computer, get involved.
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Member Comments Total Comments: 15
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Mommy2 read my blog view my photos
Apr 4, 2007 | 11:32 AM

Dan, well said. Im trying to understand alot of these blogs. So many of them about racism, white & black, slavery, even about people who do not spell correctly on here. When will it stop? And why cant we all just get along.
deeno read my blog view my photos
Apr 4, 2007 | 11:36 AM

Great blog AD-

Yes, the emotions are up on this topic. I was surprised to see some of the crap posted to my blog on this yesterday.

While I agree the system is “working” with reference to the process, I’m still frustrated that slam-dunk cases like this churn in the system and reduce its credibility. This problem is not limited to Missouri, it's nationwide.
anaconda-dan read my blog view my photos
Apr 4, 2007 | 11:45 AM

Not in all cases. Some states do allow the majority rules vote to avoid the hung jury situation. Although I do agree that the legal system can be incredibly slow in most cases. But who's to blame for that? We allow anyone to sue anyone, at the drop of a hat. We award incredible sums of money for minor transgressions, and we're so concerned about hurting someone's feelings that we tread ever so lightly around the real issues at hand.
Yes, the repercussions of political correctness and the "me" society are shots being heard 'round the world today.

Somethin's gotta give. My guess is that it will be sooner rather than later. I hope so, for all of our sakes.
Get-Real read my blog view my photos
Apr 4, 2007 | 11:55 AM

I think the judge is just as much to blame as the jury,he let them give up to soon. Correct me if I'm wrong.
Get-Real read my blog view my photos
Apr 4, 2007 | 12:00 PM

Just like deeno's blog yesterday,all of these people that want KJ a free man started this race crap on the blog, that's not at all what the blog was about. Why do they feel that race has to be an issue in every thing when it doesn't go their way.
mcdojl read my blog view my photos
Apr 4, 2007 | 12:14 PM

I think they play the race card when they know they don't have a snowball chance in hell in their defense. So they play the race card or better yet the temporary insane. "I was so insane I shot him several times to make sure he was dead." Now that's a kicker.
asmerelda read my blog view my photos
Apr 4, 2007 | 1:02 PM

Well said anaconda. I did notice that it turned into a black and white thing and that is sad.
devas_yb_ecarg read my blog view my photos
Apr 4, 2007 | 1:11 PM

I wouldn't let him go and I am a religious person, I believe as the bible says about capital punishment. So what people are saying is if you get upset because someone has killed a member of your family it is ok to kill them. So the wife could kill KJ and she would get off with 2nd degree murder because she was upset. He admitted to killing him what more does the Jury need.
anaconda-dan read my blog view my photos
Apr 4, 2007 | 1:28 PM

Nobody is saying that.
Don't let blind faith make you blind to justice.
Old Testament justice is somewhat different than what Jesus taught, don't you think?
devas_yb_ecarg read my blog view my photos
Apr 4, 2007 | 2:13 PM

Revelation 13:10 says, "He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword. Here is the patience and the faith of the saints."

In Acts 25:11 the apostle Paul says, "For if I be an offender, or have committed any thing worthy of death, I refuse not to die: but if there be none of these things whereof these accuse me, no man may deliver me unto them. I appeal unto Caesar. Paul admitted that some things were "worthy of death," and that he was willing to "die" if he was guilty of such an offense. If the death penalty is not for today, then why didn't Paul tell us?
Po_Righteous_Teacher read my blog
Apr 4, 2007 | 2:27 PM

Meechum Park has always been a black/white thing!
anaconda-dan read my blog view my photos
Apr 4, 2007 | 2:50 PM

The apostles certainly tried to perpetuate the teaching of Jesus to the best of their ability. I think my reference was really to point out that Jesus wan't quite as 'hard line' as were the charaters in the Old Testament. Therein lies the Christian dichotomy. Loving, caring Jesus vs. fire and brimstone old testament God.
But I digress.
To live as man, we must subject ourselves to the laws of society. Otherwise, we live in anarchy. I'm not sure any of us want that.
Besides, and more to the point, Kevin Johnson was NOT released because of the mistrial. This is what most of the angry bloggers are missing.
mrmgrady read my blog view my photos
Apr 4, 2007 | 3:54 PM

It is a set of unfortunate events that lead to the death of Sgt. McEntee. The jurors obviously could not agree on 1st Degree Murder over 2nd Degree Murder. 1st Degree demands at worst, death penality and would require a unanimous vote (that was not done). 2nd Degree would demand Life without parole.

Now, with the understanding of the death of Johnson's younger brother earlier that day, I would dare to say, Johnson was not of a "cool" mind and was not acting rationally. This does not excuse him from being responsible for his actions in killing McEntee, however, I cannot agree with McCullough on his theory that Johnson was "cool" and "calculating," making "cool, deliberations" while killing McEntee. It does not fit the scenario.

McCullough needs to reconsider the 1st Degree and try to make a deal on 2nd Degree, 25 to Life without parole. It would save the county and State millions of dollars. It would also bring about justice for the McEntee family.
mr_wildflower read my blog view my photos
Apr 4, 2007 | 4:33 PM

I would have a hard Time imposing the death penalty.....but I would have told the lawyers that during the Interview phase of the Trial....not to say I could not have...I just know deciding someones fate is something that would set deep in my sub concious mind......I have been called for Jury duty many times and I know that was asked during the interview stage....
rosie read my blog view my photos
Apr 4, 2007 | 11:12 PM

atta boy danny boy
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anaconda-dan

I'm an introspective nearly 50 white guy. I'm thinking about how I might retire. Tired of giving everything away. All of my 3 kids are gone, I have a smart, good-looking wife, and a couple of shi-tzu's. I scuba dive, play guitar in a rock band, restore vintage Porsches, and try to remain calm. 4th of July and Halloween are my favorite holidays.

Member Since: 9/29/2006


 

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