Showing posts with label Murder. Show all posts
Showing posts with label Murder. Show all posts

Wednesday, October 22, 2025

AI is denying your healthcare (and it's getting worse)

More on why I think that Luigi Mangione is a total dickbrain. I mean he's supposed to be this tech genius, but he missed that it's Artificial Intelligence that is causing health care to deny claims. Lots more on this topic, but things would be vastly different if he had gone the AI route rather than blaming a human who was doing a job.

A new, far more evil set of players come up.

But they are harder to hit: especially if he's working solo. 

Wednesday, May 14, 2025

Politics and appearance: Mangione's supporters explained

OK, the US political system is broken. I doubt it was ever functional from 1759 onward. Benjamin Franklin suggested a plan for unifying the thirteen colonies the Albany Congress on July 10, 1754 in Albany, New York. The Albany Plan of Union was rejected. Franklin wrote about the rejection of his proposals: "The colonial assemblies and most of the people were narrowly provincial in outlook, mutually jealous, and suspicious of any central taxing authority."

Joseph Galloway suggested a similar proposal at the First Continental Congress of 1774 but was also rejected. The Articles of Confederation were proposed at the Second Continental Congress and finally accepted in 1781! Of course, the Articles of Confederation were a failure, and its replacement is nearly as bad.

Anyway, the US has had a culture of violence and disunity from the start.


I'm sorry the founders didn't just admit they messed up.

Saturday, April 26, 2025

Is Luigi Mangione a vigilante or a terrorist?

 Ok, I don't think the two are mutually exclusive. In fact, they tend to overlap.

I need to set up some definitions. I will define vigilantism as "collective coercive practices undertaken by non-state actors in order to enforce norms (social or judicial) and/or to take the law in their own hands". 

British criminologist Les Johnston suggests several criteria for defining vigilantism in his article What is Vigilantism?:

it involves planning and premeditation by those engaging in it; its participants are private citizens whose engagement is voluntary; it is a form of autonomous citizenship and, as such, constitutes a social movement; it uses or threatens the use of force; it arises when an established order is under threat from the transgression, the potential transgression, or the imputed transgression of institutionalized norms; it aims to control crime or other social infractions by offering assurances (or ‘guarantees’) of security both to participants and to others.

The punisments meted out by vigilantes can be quite spectacular and symbolic: vigilantes cannot arrest all criminals but can make punishment into a symbol to frighten others. Sanctioning often takes the form of physical punishment, public humiliation or, more rarely, execution. These sanctions are an attempt to control by exemplary punishment. So, the use of lynching is an example of both vigilantism and terrorism.

Terrorism  is "The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons."

What we have is the common factor of violence used to enforce, or create, a norm. Extra-legal or extra-Constitutional use of threats, or physical and psychological violence to punish, or to cause, incite or stoke fear and hate are common to both vigilantism and terrorism.  I would say that it's sometimes hard to distinguish between the two since they share the characteristics of (1) use of force (2) for a political purpose. 

Some might want to say that vigilantism is supposed to enforce the "law", or at least the established order. On the other hand, it is a non-governmental actor using force most of the time in violation of the law. To go back to the lynching example: the Ku Klux Klan (KKK) targeted African-Americans as well as Jews, immigrants, leftists, homosexuals, Catholics, Muslims, and atheists. The KKK used physical assault and lynching, against politically active blacks and their allies, even if the latter were whites. This was all done in opposition to the civil rights movement.

As I said, there is not a clear line between vigilantism and terrorism: both use violence for a political purpose.

Tuesday, April 22, 2025

OK, Luigi Mangione supporters!

 Yeah, I want to see him convicted.

And for some very good reasons, which I am going to try to explain for your sick minds.

Let's start off with what Brian Thompson did was NOT ILLEGAL! Yeah, no law against it. You might have been able to sue him, but you couldn't send him to prison for his business decisions regarding healthcare coverage, but being unethical doesn't make it illegal. The revolting nature of the business decisions of Brian Thompson and UnitedHealthcare, its cruelty, much though we may deplore it, is not a legal basis for murder. And if you have issues with what Thompson did there are methods in the system for you to change it.

But you are a bunch of lazy fucks who aren't going to do the serious work needed to change the system. I am trying, but I am on my own.
And you're not helping!

Next, murder IS ILLEGAL. Toss in that just because you don't like something doesn't give you the right to kill outside the law. You are just as bad as the anti-abortion activists who have no problem with killing abortion providers.

And where will it take us if you want to have the fucked up belief that killing someone outside the law is in any way justified? The pictures are of Alan Berg. He had outspoken atheistic and liberal views along with a confrontational interview style. He was known for upsetting some callers to the point they began sputtering, whereupon he would berate them.

Clarissa Pinkola Estés of the Moderate Voice website wrote in 2007: "He didn't pick on the poor, the frail, the undefended: He chose Roderick Elliot and Frank "Bud" Farell, who wrote The Death of the White Race and Open Letter to the Gentiles, and other people from the white supremacist groups... the groups who openly espoused hatred of blacks, Jews, leftists, homosexuals, Hispanics, other minorities and religious groups".

Berg was assassinated by members of the white supremacist group The Order, which believed in killing all Jews and sending all black people to Africa.

As I have pointed out before, your support for Mangione takes you into extreme right wing territory. Toss in that you don't help your cause because you make it plain that Mangione's actions WERE political, which puts him square into the defintion of being a terrorist.

Some people don't get that it isn't how many people you kill that makes you a terrorist, but your reason for killing the people.  If Alan Berg had been killed by someone he pissed off, that wouldn't be terrorism. But the fact that he was killed by the Order because of his beliefs: that he "was mainly thought to be anti-white and he was Jewish."

Let's go to the definition of Lynching:

Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged or convicted transgressor or to intimidate others. It can also be an extreme form of informal group social control, and it is often conducted with the display of a public spectacle for maximum intimidation.

Of course, Emmet Till wasn't lynched by a mob. So, a lynching can also be used to mean an act of violence used to intimidate. And it wasn't just blacks who were lynched. I would suggest looking up Wiley Brownlee.

But, an act of violence done for political reasons fits the description of terrorism: whether you like it or not.

So, is this something you really want to be associated with: especially when Mangione's confession.

Er, "manifesto" is made public? I don't think you will want your internet history coming out when you find out what an arrogant little psycho Mangione happens to be. You may be smart, but you are the epitome of ignorance if you are supporting him.

I would like to think that the light turned on in your head if you read this, but probably not.

After all, do you want to live in a world where people get away with murder?


Monday, April 7, 2025

to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by assassination

Let's start with defintion:
The Federal Bureau of Investigation uses a definition of terrorism that tracks with the Patriot Act. “Terrorism” encompasses “acts dangerous to human life that violate federal or state law” and “appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping.” It distinguishes between international terrorism (acts occurring abroad) and domestic terrorism, which occurs primarily within the U.S.

I'm going to focus on (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping. This is because terrorism requires an intent. Just killing people to kill people doesn't cut it no matter how many people get killed.

On the other hand, we are given a handwritten confession which states an intent:

"Frankly, these parasites simply had it coming. A reminder: the US has the #1 most expensive healthcare system in the world, yet we rank roughly #42 in life expectancy. United is the [indecipherable] largest company in the US by market cap, behind only Apple, Google, Walmart. It has grown and grown, but as our life expectancy? No the reality is, these [indecipherable] have simply gotten too powerful, and they continue to abuse our country for immense profit because the American public has allwed them to get away with it. Obviously the problem is more complex, but I do not have space, and frankly I do not pretend to be the most qualified person to lay out the full argument. But many have illuminated the corruption and greed (e.g.: Rosenthal, Moore), decades ago and the problems simply remain. It is not an issue of awareness at this point, but clearly power games at play. Evidently I am the first to face it with such brutal honesty.”

Let's toss in that he shouted  "It's completely out of touch! It's an insult to the intelligence of the American people!" as he was being escorted into court. Which in my opinion caused him to waive any recourse to Miranda.

I know that he has shown an interest in the Unabomber. There are some other things I have heard mentioned about his possible intent, but I'm not going to bother with that stuff. First off, it's pretty much superfluous given the basic evidence out there (e.g., handwritten confession, possession of the murder weapon, possession of the ID, DNA and fingerprint evidence, etc.).  He's put enough out there to at least put him away for life.

 Mangione's actions and intent place definitely, show that he wanted to influence, or effect, the conduct of government through at least one act of violence. 

I would add that Mangione's supporters are his own worst enemies. Its too bad that insurance will not pay for a procedure to remove their heads from the assess.

As someone who has wanted to see healthcare reform in the US for a long time, I am disgusted by the actions of the people who are willing to lionise a person with a serious personality disorder.

The far better course of action would be to use the system to get healthcare reform.

While I would love to see Manione executed, that is the wrong course of action. It would be far better for him to be exposed for what he is (not someone to be idolised). And then stick him away where he may live out his life.

Or another inmate may terminate his life.

Saturday, April 5, 2025

Jury Nullification and the Rule of Law

 Let's start with a definition:

The rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:

  • Publicly promulgated
  • Equally enforced (i.e., no person is above the law)
  • Independently adjudicated
  • And consistent with international human rights principles.

I was going to start this by asking what the Cato Institute and the Climate Defence Project have in common? Why Jury Nullification, of course. But the fact that these two groups that are fundamentally opposed, or should be, agree on this should bring someone to pause on this topic.

The proponents will say that it's not illegal, which isn't really true. It is hard to enforce in the US system because of the US Constitution and its guarantees of right to trial by jury, no double jeopardy, and probably a few other things that demonstrate what a piece of shit blotter it is compared to France's Déclaration des Droits de l'Homme et du Citoyen de 1789, but the latter is much more of a bill of rights than a constitution. The Déclaration defines the relationship between the citizen and the state, which is why France has gone through five republics, a couple of Empires, and a Monarchy or two with it still around.

I don't have much hope for the US Constitution lasting much longer the way things are going.

But I digress to return to a concept which is well suited for the lynch mob than a society which claims to be based upon laws. The strongest argument against nullification points to the core principle of our judicial system: We are a nation of laws, not individuals. Elected officials create the law. They can be replaced with ones who legislate more in lines with popular opinion if they don't. Allowing juries to bypass this system has resulted in more miscarriages of justice than triumphs. In addition, we ask jurors to take an oath to judge based upon the facts; how is embracing nullification consistent with this promise?

Or as Mark Pulliam asks:

What do nineteenth-century anarchist Lysander Spooner,[1] the O. J. legal defense team, some elements of the militia movement,[2] the Los Angeles juries that failed to convict the Menendez brothers of murdering their parents and that acquitted the brutal assailants of Reginald Denny, and the activists who promote the idea of “fully informed juries”[3] have in common?

I would toss in lynch mobs for good measure. Emmett Till is an excellent example of jury nullification in action: two guilty men get away with murder and confess to it afterward.

Jurors are supposed to play an important but limited function: to sift through the evidence (especially conflicting testimony) and apply their factual findings to the relevant legal rules, which are determined elsewhere. Jurors are not lawmakers.

Jury nullification in practise:
The Jury in the Emmett Till Case

Bad things happen when juries step out of that limited role and decide to act as a “conscience of the community”, or some other bizarre concept of "Justice". In the Jim Crow South, all-white juries frequently acquitted defendants accused of lynching blacks and other heinous crimes, not because the evidence was weak, but out of sympathy for, or in solidarity with, the defendant. Conversely, in the O.J. Simpson case, the predominately African American jury arguably engaged in nullification in 1995 when it acquitted Simpson of murdering his ex-wife, Nicole, and her friend, Ron Goldman, despite what most observers felt was overwhelming evidence of Simpson’s guilt. More recently, many Americans were outraged when a San Francisco jury—possibly motivated by nullification—acquitted Kate Steinle’s killer. There are many other examples, such as George Zimmerman, that come to mind.

After all, what is a jury acting outside of the law but a 12-person mob, modern-day vigilantes?  The supporters of Luigi Mangione claim they want him to have a fair trial, yet they ignore that someone was killed without due process. They look up jury nullification in the hope that Mangione will be like Roy Bryant and J.W. Milam. They ignore the handwritten confession, which is more innocently called a "manifesto".

Civil disobedience is a grave misconception in the context of a seated juror refusing to follow the law. Civil disobedience is resistance to unjust government action as a last resort. That is when disobedience is the only alternative to becoming a participant in an objectionable act. This will never be the case with a seated juror. A potential juror who objected to service could refuse to report to court or serve on a jury. A person with a moral objection to enforcing a particular law (say, punishing a defendant charged with private drug use or blockading abortion clinics) should disclose that objection during voir dire and be excused from serving in the case.

But, after a juror has reported for service, been screened through voir dire, been seated and sworn to follow the law according to the instructions of the court, there is no room for “civil disobedience.” A juror reneging on his oath is acting outside the legal rules. A renegade juror cheats the parties to the case out of their right to have the matter decided according to the law, on the basis of which the evidence and arguments have been presented.

Although the "jury-power " activists point to historical events where juries refused to enforce laws that they considered unconscionable, there is no assurance that a jury operating outside the law would only acquit in a criminal case; it could just as easily “nullify” the instructions by convicting a person who was technically innocent. Jury nullification strips the individuals who comprise society of their right to have the laws enforced. Nothing could be more tyrannical or despotic than the arbitrary decision of a juror, or jury that has refused to follow their legal obligation.

 The rule of law is essential to the preservation of liberty. Friedrich Hayek, perhaps this century’s pre-eminent theorist of libertarianism, the political philosophy of freedom, believed that the defining characteristic of a free society is the rule of law, meaning legal rules stated in advance, uniformly applied, without excessive discretion. In Hayek’s words: “[W]hen we obey laws, in the sense of general abstract rules laid down irrespective of their application to us, we are not subject to another man’s will and are therefore free.” Thus, it is the universal, non-selective nature of law that allows us to be free. In Hayek’s view, it is precisely because judges and juries cannot pick and choose what laws to enforce in a particular case “that it can be said that laws and not men rule.”

A lawless juror is no more heroic than a rogue policeman violating the law or a politician accepting a bribe. If a juror (or any other member of the political community) feels that a particular law is unjust—and in a society as large and diverse as ours, we can assume that someone, somewhere, feels that every law on the books is unjust—the remedy is to petition the legislature for reform, not to infiltrate the jury and then ignore the law.

Luigi Mangione and his supporters are dangerous to society, and counterproductive to the issue of health care reform. I wonder how much further we would be toward healthcare reform is they had used the system, rather than act as vigilantes.  They should be working to change the law, not capriciously applying it.

Luigi Mangione will be tried based upon the evidence. I hope the jurors are willing to properly apply the facts to the law.

Otherwise, the US system of justice is best exemplified by the trial of Emmett Till's assassins.

See also:
Mark Pulliam, Nullifying the Rule of Law

__ ___, Jury Nullification, good or bad? 

English text of the Déclaration des Droits de l'Homme et du Citoyen de 1789

Friday, March 28, 2025

That's not a laptop in this briefcase--More Mangione

Part of me would think that the powers that be would want to see firearms more strictly regulated after this event.

On the other hand, the MP5, in particular the SP5 or any other variant without a stock, is considered a pistol (as in MachinePistol 5). That means one can carry it concealed! 

And what better way to do that than in a briefcase, which is perfect for CEO personal protection!

From HKParts
There are also holster/harnesses for the 5K. M&L Custom Shop makes them.

Both of these are designed for the professional where concealment and quick deployment of weapon is essential.  So, this isn't going to be something a CEO will be carrying, but the well cared for CEO should have a protection detail in the current political climate.

Of course, if the average civvy wants to tote around an MP5K/SP5K, then there are a few options out there. A few companies make discrete subgun cases which can pass for a laptop/brief case. Not as quck to use as the H&K briefcase, but definitely a way to carry the gun and not get a lot of attention.

Although, I am not sure I would want to carry one of the briefcases around without a fair amount of range time with it. Toss in that it isn't as convenient as it appears at first.

Still, the thought that CEO personal protection can take out a threat is worth considering.

Thompson could have used a PA like leaspeed6 that morning!

Tuesday, March 25, 2025

Don't get your hopes up about Luigi Mangione's defence.

Funny, but this comment has gotten lost in the shuffle. On the other hand, it doesn't look too good for KFA to be expending all this energy on a client with "overwhelming evidence" against him. She would be working on mitigations if she was a barrister in the UK. Septics are a little more liberal in allowing BS in the court system.

 Karen Friedman Agnifilo, may have been providing some insight into her legal strategy when she said, "the evidence is going to be so overwhelming" that an insanity defense is on the table.

 So, of course, she's going to be filing every motion imaginable and hoping not to piss off the court. Some Judges don't take kindly to attorneys who waste the court's time on defendants the attorney KNOWS happens to be guilty.

But, why should KFA give a rat's ass?  She's got the go fund me cash and it's her's even if Mangione does plead out to get the needle.

Think I'm BS'ing you? This clip has it straight from the horse's mouth. Start at around 45 seconds in for an eye opener.


And I agree with much of what everybody is saying. But I think one thing I just want to point out is it looks to me like this -- there might be a not guilty by reason of insanity defense that they're going to be thinking about, because the evidence is going to be so overwhelming that he did what he did.
Karen Agnifilo Friedman, Anderson Cooper 360 Degrees, Aired December 10, 2024 - 20:00   ET  https://transcripts.cnn.com/show/acd/date/2024-12-10/segment/01

Cut the BS--Mangione is going to trial with all the evidence being legally obtained.

 OK, My legal qualifications are: JD from the University of Maryland, LLM University of Exeter, England. Admitted to the PA bar in 1990, retired in 2023. Admitted to the DC bar,  EDPA (Fed), and MDPA (Fed). That said, I can give a legal opinion.

The picture is of the Blair County, Police Criminal Complaint, which can be found here:
https://www.pacourts.us/Storage/media/pdfs/20241209/233900-mangione12924.pdf

According to this document, the police were responding to a report of a male who resembled the person wanted for the shooting of Brian Thompson. 

 Mangione removed the mask and the police said they recognised him from the media. Then Mangione gave the police the fake ID used at the NYC hostel. Any searches according to this would be incident to arrest or an inventory search.

You get what the police will probably say in the clip of the press conference which starts at 10:50.

Unless the defence can come up with something substantial, Mangione's arrest appears to be legal based upon what I see here.


 More court documents can be found here:
https://www.thebaltimorebanner.com/community/criminal-justice/luigi-mangione-court-documents-gun-charge-ME4VXEHIOFBK7FIO5STIXXWAPQ/

Wednesday, March 19, 2025

Was Luigi Mangione's DNA collected illegally?

Rosalind Franklin By MRC Laboratory of Molecular Biology
 OK, this is called touch or trace DNA since it is found on an object. It doesn't need to be something that the cops gave him, since someone leaves this DNA pretty much everywhere. Yes, the Fourth Amendment analogue in Pennsylvania law has a broader guarantee of the right of privacy, but how intrusive was this would be my question? The police could just as well  get this DNA from the food he was eating at McDonald's as well as from something they gave him.

His defence could question the science, but that requires Mangione providing a sample of his DNA. Also, PA law says:

§ 58.2 . Authority of law enforcement officers.
The General Assembly has declared that nothing contained in the act shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and utilize DNA samples for law enforcement purposes. See section 506 of the act (35 P. S. § 7651.506). Failure to comply with this subchapter does not
form the basis for suppression of otherwise admissible evidence.

And Pennsylvania's law on DNA evidence (CHAPTER 58. DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT) specifically mentions 18 Pa.C.S. § 2502 (relating to murder) as a reason for collecting DNA.

It sounds to me like this may be an attempt to diminish the size of the mountain of evidence which incriminates Mangione.

I mean, he was caught with the ID used to stay at the NYC hostel, the murder weapon, and his DNA links him to the crime scene. Of course, the defence wants to see this evidence suppressed. 

My opinion is that it will be allowed unless the defence can discredit the science, which would probably require Mangione to submit a DNA sample.

Tuesday, March 18, 2025

Luigi Mangione's defence fund.

I was listening to an interview with one of the people from his "defence fund". She said that they wanted him to have the best defence possible,

That got me thinking because his best defence right now is to hope for a really good deal from the prosecution. Which isn't a very likely possibility from the Feds.

For those who don't know it, the feds have a 93% conviction rating. Mostly because they don't try cases they can lose. Federal practise can best be described as "Let's make a deal". In other words, you had better have something juicy you can offer the AUSA handling the case. They might knock down the charges so that Mangione gets life (which is indeed life since there is no time off for good behvaiour in the Federal system).

We used to get people to become cooperative when I worked for the US Attorney in DC by threatening to make the charges federal, since that would mean a "solid" sentence anywhere in the US Prison system.

But that's an aside since I was thinking that maybe some of those big, anonymous donors were health care companies who want to see Mangione have the best defence possible, since he is probably going to go down hard.

And the reality is that he's not as good of a defendant as people want him to be. As I have pointed out, even his mother thinks he could have done it!

To be honest if all of his supporters would shut the fuck up and work on this issue, I'm pretty sure that there would be change. But what have they done about this?  Have they supported serious health care reform?

Obviously not.

Saturday, March 8, 2025

Searching Mangione with suspicion makes it constitutional.

 I'm with Jim Giza who is a former marine and a 23-year police veteran with the Baltimore Police Department. He was one of the first officers to qualify as a both a member of his Agency’s SWAT unit and Hostage Negotiation Team. He later served as Program Coordinator for the Johns Hopkins University Police Executive Leadership Program, where he planned and coordinated a unique educational program for the United States Secret Service.

I hope that the stop-and-frisk of Luigi Magione, which apparently is what it was, meets the U.S. Supreme Court’s criteria of reasonable suspicion and articulable justification for confronting an American citizen, searching same for possible weapons, and arresting that individual for illegally carrying a firearm (“Luigi Mangione faces tough legal challenges, says Baltimore lawyer with ties to family,” Dec. 11). In Magione’s case, he was charged not only with illegal carrying but also possession of an illegal gun — what is known as a “ghost gun.”

I also hope the police report documenting the stop-and-frisk is based on more than a tip or that it “looks like him.” It will be up to a judge to entertain a possible argument by a defense lawyer that Magione’s arrest was illegal by not meeting the stop-and-frisk criteria promulgated in Terry v. Ohio. If not, any so-called evidence seized or charges filed will be null and void.

Whether a challenge to the arrest will be made, time will tell. The extradition question may not be even be the offing. It goes without saying (but I will say it anyway) that it is tough being a cop in a free society and high-profile cases like this one can prove it.

As I said in a previous post, police officers are given latitude to search a suspect for weapons, which they found in this case.

The only reason the defence wants to try and challenge this is that Mangione was caught with the murder weapon, a substantial amount of cash, and his "manifesto", which is basically a confession. Not that there isn't other evidence tying Mangione to the crime scene, but this significantly hinders the case,

Luigi Mangione "the biggest staged perp walk"?

I kinda had to wonder if his lawyer ever heard about a guy called Jack Ruby when she made that comment. I mean she's supposedly a really well qualified criminal defence lawyer.

Anyway,  I wake up to this headline:

EXCLUSIVE:  Diddy and Luigi Mangione are TARGETS after brutal stabbing at Brooklyn prison as insiders claim gangs plan to 'make an example of them'

Seriously, any criminal defence lawyer worth their money SHOULD know that a high profile client like Mangione will be a target: despite the adulation he's getting from the masses. I was wondering how long it would take before this became an issue.

The prison consultant went on to say that from his experience, high-profile inmates are advised to be "careful about who they are associating with" because anyone in MDC will have an "agenda". He added that Diddy's and Luigi's teams would warn them to keep to themselves and avoid problems, such as minding their business and not taking any bait if called out.

"Some will admire them [Diddy and Luigi], but you will just need one person to make an example out of them." Justin stated.


Well, I hope she's gotten her hands on all that money the little scumbag has raised, then she can laugh all the way to the bank if the law of Karma rules here.

Hey, what kind of trial did Brian Thompson get when Mangione popped him?

Friday, March 7, 2025

The REAL ISSUES in the Luigi Mangione Case as I see it.

 OK, despite the amount of people who want to deny the mountain of evidence that this kid did it, the media is pretending he has a chance of being found not guilty. But I'm going to agree with another lawyer who said he's seen juries do crazy things.

Anyway...

He was caught with more than enough evidence that links him to the crime, which is why his lawyers keep harping on his arrest and search being unconstitutional.  He had the murder weapon, the ID used in NYC, and his manifesto, which is pretty much a confession. I'm not going to go into the law of confessions, but it would be nice if all these talking heads would start mentioning that.

Mistrials and Jury nullification. OK, a mistrial doesn't result in an acquittal--it does result in a new trial. Also, as long as there is one juror who is willing to find the defendant guilty, there will be a hung jury. So, 11 jurors can ignore the law and evidence, while one wants to convict. And a hung jury results in a new trial.

Of course, the judge and prosecution should be weeding out the people who would engage in jury nullification. While not toally illegal, it is contrary to the judicial process where the juror is supposed to apply the law according to the facts. Here is a sample jury instruction that addresses that matter:

6.1 Duties of Jury to Find Facts and Follow Law 

            Members of the jury, now that you have heard all the evidence, it is my duty to instruct you on the law that applies to this case.  A copy of these instructions will be available in the jury room for you to consult.

            It is your duty to weigh and to evaluate all the evidence received in the case and, in that process, to decide the facts.  It is also your duty to apply the law as I give it to you to the facts as you find them, whether you agree with the law or not. {my emphasis} You must decide the case solely on the evidence and the law.  You will recall that you took an oath promising to do so at the beginning of the case.  You should also not be influenced by any person’s race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances.  Also, do not allow yourself to be influenced by personal likes or dislikes, sympathy, prejudice, fear, public opinion, or biases[.] [, including unconscious biases.  Unconscious biases are stereotypes, attitudes, or preferences that people may consciously reject but may be expressed without conscious awareness, control, or intention.] 

            You must follow all these instructions and not single out some and ignore others; they are all important.  Please do not read into these instructions or into anything I may have said or done as any suggestion as to what verdict you should return—that is a matter entirely up to you.

The federal case is a good point for getting a conviction since the feds win most of the cases they take to trial. I call US Federal practise "Let's make a deal", because unless you can come up with something that interests the Feds, they will hammer your ass.

And in this case, it's the death penalty.

I don't have a lot of time for this kid or his supporters, which should be pretty apparent by now.

Thursday, March 6, 2025

Luigi Mangione--I'm going to say it again

 OK, if all the people who are denying the mountain of evidence against this spoiled, rich kid who probably has a personality disorder would shut the fuck up and work toward something positive, like health care reform, it would make sense.

But they aren't.

Instead they are supporting a murderer for some fucked up reason.

Supporting this scumbag is getting fuck all done for health care reform.

Got it????

Wednesday, March 5, 2025

Innocent until proven guilty?

 OK, I get it. According to the US Constitution there is a presumption of innocence until proven guilty, or at least a judge makes a conviction if the defendent pleads guilty.

BUT

In this case, we have video evidence tracking him that day. He's ID'd and caught with the murder weapon and the ID he used to check into that NYC hostel. I think there's some DNA evidence linking him to the crime in there as well.

And his manifesto is basically a confession, which pretty much takes it out of any exception out there.

It's pretty hard to deny the kid is guilty. And he's not really a very sympathetic defendant.

Hell, even his mother said she could she him doing it!

Unless you have a thing for rich, spoiled brats who might have a personality disorder and wish that he isn't guilty despite the rather overwhelming evidence to the contrary.

So, I'm guessing that his supporters are upset that their insurance is denying the procedure to get their heads surgically removed from their asses.

Oh, and for people talking about Luigi's search being illegal--there's something called "search incident to arrest".

Which is something I'm suprised all those "experts" out there aren't mentioning, but US legal education is crap.

Anyway,

Search Incident to Arrest.—The common-law rule permitting searches of the person of an arrestee as an incident to the arrest has occasioned little controversy in the Court.240 The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest.241 The dispute has centered around the scope of the search. Because it was the stated general rule that the scope of a warrantless search must be strictly tied to and justified by the circumstances that rendered its justification permissible, and because it was the rule that the justification of a search of the arrestee was to prevent destruction of evidence and to prevent access to a weapon,2

Let's see, the cops are interrogating a suspected murderer who might be armed...

Of course, the defence wants this evidence suppressed. I mean he's caught red handed with the murder weapon and a confession.

As I said, the people who support him need their heads surgically removed from their anuses.

Sunday, December 8, 2024

Constructively channel your hate for the Healthcare industry.

  I kept talking about voting for Jill Stein and third parties in the last election. There's a reason for that: LIke Bernie Sanders, Jill Stein had medicare for all as part of her platform. Sure fake progressives whose names aren't worth mentioning talk about it, but they don't do anything. 

But the duopoly is not home to progressives.

That should be obvious if you are actually paying attention. The media is also part of it since how often have you heard the term "medicare for all" used on it? There's a reason Bernie Sanders was popular when he went on that Fox Townhall.

I wonder what would have been the outcome had the clown who killed Brian Thompson put his energy into supporting the Green Party? Would we have the much needed break in the duopoly control of US politics? 

Don't wish the execs dead: wish for the end of the duopoly control of US politics. Having strong third parties is the only way issues will be addressed in a serious manner



Better yet, work for for the change.

Saturday, December 7, 2024

Why facial recognition alone may not be able to identify health care CEO suspe...

OK, this goes on the possibility of the image not being in the database, which isn't that much of a stumbling block.


It ignores that DNA phenotyping. That'e the technology where they can create images of what a person could look like. Combine that with facial recognition. You get the picture.

But the real point is that generating an image isn't the sum total of the evidence. It only provides possible suspects. Or why you shouldn't worry about this technology: unless you are the criminal.

He wasn't a pro since he did it in public. There is a witness standing between the shooter and the victim. And definitely not if its true the gun was something used by veterinarians.

More CCTV, less crime.

Yes, this is a dig at John R. Lott because if one can show that a premise can be shot down if there may be other reasons for a trend. In this case, CCTV providing clues and evidence which lead to prosecution in crimes.

"Two hundred images, or more, have been gathered of the suspected gunman," CBS News law enforcement contributor and former NYPD Deputy Commissioner Rich Esposito told CBS News New York, "It's not easy to escape surveillance, especially in Midtown Manhattan where you have hotels, retail stores, lots of places with private cameras throughout the area."

Facial recognition software is pretty sophisticated, which this AI loathing Luddite will concede. So far, the best way to avoid being picked up by facial recognition is to avoid cameras. But that task may soon become near impossible.According to Cynthia Rudin, Gilbert, Louis, and Edward Lehrman Distinguished Professor of Computer Science; Departments of Computer Science, Electrical and Computer Engineering, Statistical Science, Mathematics, and Biostatistics & Bioinformatics; Duke University:

I think you could not realistically change your face to fool state-of-the-art facial recognition. I think during the pandemic they changed the systems to rely heavily on the shape of people’s eyes, because so many people were wearing masks over their noses and mouths. I don’t honestly know how people could realistically change the shape of their eyes to fool these systems. If you wore sunglasses and then did something to your face (maybe wear a mask or crazy dramatic makeup) then it would be harder to detect your face, but that’s cheating on the question—that’s not changing your face, that’s just hiding it!

But let’s say you did something dramatic to change your face—something really, really dramatic—so that a face recognition system wouldn’t recognize you. Perhaps it would be some kind of plastic surgery. Well, then what? As soon as your face ends up on the internet with your name (think of a friend tagging you on social media or you giving a lecture that appears online), then all the facial recognition systems that look for people on the internet will be able to identify you anyway.

And now your face won’t match your driver’s license or passport, so traveling will be really difficult for you. So, honestly, why bother? In any case, I’m glad you asked this question, because it shows how futile it is to avoid other people capturing our biometrics. Asking our governments to create laws to protect us is much easier than changing our faces dramatically all the time.

So, while Brian Thompson's killer thinks he may have been clever wearing something covering his face, he left his eyes uncovered. Toss in there are now a couple of pictures of his whole face showing. LE has a pretty good idea of his movements.

My point is that LE can use surveillance technology to track criminals' movement. Get pictures of the criminal's movements. Toss in DNA for good measure and it gets harder and harder to commit the "perfect crime".

Guns are superfluous.

See:
https://gizmodo.com/how-much-do-i-need-to-change-my-face-to-avoid-facial-recognition-2000533755