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re: Will DA accept, reject, or grand jury charges?

Posted on 8/26/11 at 11:41 am to
Posted by MightierThePenIs
Member since Jan 2008
1510 posts
Posted on 8/26/11 at 11:41 am to
Where do you get the idea that a police dept and a da's office work in tandem?
Posted by Vol Fan in the Bayou
Member since Nov 2009
4158 posts
Posted on 8/26/11 at 11:41 am to
quote:


You have no idea what you are talking about.


I agree. Hillar very well might have seen the evidence, but I seriously doubt it.

Remember it only takes an accusation from someone for the police to make an arrest. IE: You hit me for mouthing off. I ID you as the hitter tell the police. You will be arrested. Thats it.

Posted by Linkovich
crater lake
Member since Feb 2007
9550 posts
Posted on 8/26/11 at 11:42 am to
quote:

I would be very, very surprised if the BRPD made these arrests without running it by the DA office first.


Most case cases don't get to the DA until after the arrest. This one probably did get run by them, but no matter what was said BRPD could arrest. BRPD gets to pass the buck off for the DA to make a public decision.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/26/11 at 11:43 am to
quote:

Where do you get the idea that a police dept and a da's office work in tandem?


On a high profile case like this?? I would be surprised if the PC hadnt at least had a conversation with the DA about it
Posted by zeebo
Hammond
Member since Jan 2008
5406 posts
Posted on 8/26/11 at 11:51 am to
Prosecutorial civil immunity can be compromised
If they give advice to police pre arrest.
Usually they say, "Do what you think is right."
Sometimes they will discuss a case but it is
Rare and generally not admitted to unless
Pros is ding bat.
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15343 posts
Posted on 8/26/11 at 11:52 am to
quote:

Most case cases don't get to the DA until after the arrest.
Sure. But I think we can agree this isn't "most cases."
quote:

no matter what was said BRPD could arrest. BRPD gets to pass the buck off for the DA to make a public decision.
Again, I agree. But because this is a such a high profile case the BRPD isn't going to just make an arrest and risk the DA nol pros'ing before the end of the week. That would be a serious egg on the BRPD's face. And consider the ridiculous lengths they've gone to so far - DNA tests and home search warrants aren't exactly s.o.p. for these kinds of cases. The BRPD is going through great lengths to jot every i and cross every t. I can't imagine they'd throw that all away and make an arrest without getting some kind of evidence that the DA is willing to go with this.

But hell, I've been wrong before.
This post was edited on 8/26/11 at 11:53 am
Posted by Linkovich
crater lake
Member since Feb 2007
9550 posts
Posted on 8/26/11 at 11:57 am to
quote:

Again, I agree. But because this is a such a high profile case the BRPD isn't going to just make an arrest and risk the DA nol pros'ing before the end of the week. That would be a serious egg on the BRPD's face. And consider the ridiculous lengths they've gone to so far - DNA tests and home search warrants aren't exactly s.o.p. for these kinds of cases. The BRPD is going through great lengths to jot every i and cross every t. I can't imagine they'd throw that all away and make an arrest without getting some kind of evidence that the DA is willing to go with this.

But hell, I've been wrong before.



I guess I just sit on the other side of the fence because I think BRPD was going to hand this shite storm off no matter what. I think because of the media, BRPD grandstanding, etc they are going to hand this off so the axe now falls to the DAs office. That's why I said earlier that the DA is going to take this pile to the grand jury and let it fall on their shoulders. BRPD Chief nor the DA wants this on their shoulders...it's going straight to the GJ.

P.S. Hope I'm not coming off as an arse, just think this political hot potato keeps getting tossed to the next in line.
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15343 posts
Posted on 8/26/11 at 12:00 pm to
No what you're saying is completely plausible.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/26/11 at 12:04 pm to
all we're saying is that we wouldn't be surprised if the PC didnt at least speak with the DA before filing the charges and issuing the arrest and possibly having the DA look at the evidence and give his opinion on the case. There is nothing illegal or unethical about that...that I'm aware of but I could be wrong.

Posted by 32tors88
sulphur
Member since Nov 2006
126 posts
Posted on 8/26/11 at 12:05 pm to
The DA's office might not even have the report yet ,
Posted by Linkovich
crater lake
Member since Feb 2007
9550 posts
Posted on 8/26/11 at 12:06 pm to
quote:

The DA's office might not even have the report yet


All they had to do was look it up on here.
Posted by Vol Fan in the Bayou
Member since Nov 2009
4158 posts
Posted on 8/26/11 at 12:06 pm to
quote:

I think BRPD was going to hand this shite storm off no matter what. I think because of the media, BRPD grandstanding


Never a truer statement!

quote:


P.S. Hope I'm not coming off as an arse, just think this political hot potato keeps getting tossed to the next in line.



I could care less if I am an arse about it or not. The BRPD has made a massive shite pile out of a shite storm.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/26/11 at 12:08 pm to
quote:


The DA's office might not even have the report yet ,


LINK
Posted by zeebo
Hammond
Member since Jan 2008
5406 posts
Posted on 8/26/11 at 1:19 pm to
I doubt they discussed it.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94731 posts
Posted on 8/26/11 at 1:20 pm to
quote:

I predict reject



Are you kidding me? This thing gets pled to the misdemeanor level and resolved in days - days, you understand, possibly a couple of weeks. Nobody wants this at the grand jury. Nobody wins at the grand jury.
Posted by MightierThePenIs
Member since Jan 2008
1510 posts
Posted on 8/26/11 at 1:22 pm to
quote:

I could care less if I am an arse about it or not. The BRPD has made a massive shite pile out of a shite storm.


Actually BRPD has done a damn good job... thorough and by the book.

The shitstorm and the chaos originated and lands squarely where it usually does... ignorant internet superstars such as reside here on the Rant.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/26/11 at 1:29 pm to
quote:

I doubt they discussed it.


Well you're wrong..... I just had lunch with several attorneys and former assistant DA's and they all said 100% for sure that the BRPD and the DA discussed this case and that it's not unusual for them to do so in a case like this.

They also said that the reason for the 2nd degree charges is because the victim became unconscious during the assault. Now it more than likely will be reduced to a lessor charge but for now it is what it is.

Posted by Tiger Authority
Member since Jul 2007
29476 posts
Posted on 8/26/11 at 1:30 pm to
quote:

Actually BRPD has done a damn good job... thorough and by the book.

The shitstorm and the chaos originated and lands squarely where it usually does... ignorant internet superstars such as reside here on the Rant.



yeah right dude, you're living in a bubble
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 8/26/11 at 1:30 pm to
quote:

Nobody wants this at the grand jury. Nobody wins at the grand jury.


They also said that this isnt going to any grand jury either....
Posted by zeebo
Hammond
Member since Jan 2008
5406 posts
Posted on 8/26/11 at 1:35 pm to
I have lunch with myself everyday. I have been prosecutor for
20 years. You do what you think is right is code for, I am not fading heat for this for you, make your own call and I will do the same.
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