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Started By
Message
re: A jury decided they were not guilty. A judge sentenced them to life in prison anyway
Posted on 11/28/23 at 4:00 pm to GumboPot
Posted on 11/28/23 at 4:00 pm to GumboPot
quote:
That doesn't seem right.
quote:
In 1998, Gibson (police officer) was shot in the abdomen with his own gun in a wooded area outside a Waverly apartment complex while allegedly intervening in a drug deal. Just before he died, Gibson told another police officer that two Black men had shot him following a scuffle. He described one as having short, sparse hair and the other dreadlocks; the 9-year-old witness, Shannequia Gay, also described one suspect as having dreadlocks. Richardson had cornrows at the time while his alleged accomplice, Ferrone Claiborne, had no hair. Claiborne was also sentenced to life in prison.
A state grand jury indicted Richardson and Claiborne for capital murder; Richardson reached an agreement with the commonwealth, pleading guilty in exchange for prosecutors reducing his charge to involuntary manslaughter. Claiborne pleaded guilty to a misdemeanor charge of accessory after the fact. In March 2000, the court sentenced Richardson to five years in prison. Claiborne served no jail time.
A year later, a federal grand jury indicted Richardson and Claiborne separately on crack cocaine distribution and gun charges related to Gibson’s death. Both were convicted of the drug offenses, but the jury acquitted them of murder.
Despite the acquittals, the federal judge lengthened Richardson and Claiborne’s sentences to life in prison, deciding their guilty pleas in state court were "clear and convincing evidence" that they "killed [Officer Gibson] under circumstances that would constitute murder."
LINK
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Posted on 11/28/23 at 4:09 pm to CleverUserName
They pled guilty in state court so the judge took that into consideration. I'm no lawyer and have no idea if that's correct but looking at our current kangaroo court system, what's correct and according to the law is completely irrelevant. Just one more thing that's been lost.
Posted on 11/28/23 at 4:24 pm to Warboo
quote:
They killed a police officer. How did they get railroaded due tell?
There was absolutely zero evidence that they killed anyone, which is why they were acquitted.
Posted on 11/28/23 at 4:25 pm to Eurocat
So the judge is saying frick the jury’s verdict then.
Posted on 11/28/23 at 4:26 pm to CleverUserName
quote:
You mean to tell me the entire story is that a jury found two black guys innocent of all counts.. everything… and the judge just said, “whatever… I’ll just do what I want and sentence them to life in prison!”
Yea. I find that a little hard to believe.
Why don’t you read any of quoted parts of the story? Or the actual story linked in my post and the OP?
Posted on 11/28/23 at 4:33 pm to 4cubbies
quote:
Why don’t you read any of quoted parts of the story? Or the actual story linked in my post and the OP?
quote:but not these two
It should be noted that an executive clemency request to President Barack Obama was also denied. During his final hours in office, President Obama granted clemency to 330 inmates. He commuted the sentences of 11 Virginians.
Posted on 11/28/23 at 4:41 pm to Eurocat
quote:
Eurocat
Now do Derek Chauvin
Posted on 11/28/23 at 4:59 pm to 4cubbies
quote:They confessed in exchange for lighter sentencing.
There was absolutely zero evidence that they killed anyone
The confession to state charges was later used in Federal Court as evidence of murder. Was the original confession coerced? Sounds like it.
This post was edited on 11/28/23 at 5:29 pm
Posted on 11/28/23 at 5:20 pm to Eurocat
1996 Watts case, USSC ruled 7-2, that judges could do this.
Ginsburg, Beyer, Souter, Scalia, Thomas, O'Connor and Rehnquist in agreement. You don't find those names together that often.
In a 7-2 per curiam opinion, the Court held that a jury's verdict of acquittal does not prevent a sentencing court from considering a defendant's conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence
Ginsburg, Beyer, Souter, Scalia, Thomas, O'Connor and Rehnquist in agreement. You don't find those names together that often.
In a 7-2 per curiam opinion, the Court held that a jury's verdict of acquittal does not prevent a sentencing court from considering a defendant's conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence
Posted on 11/28/23 at 5:22 pm to Eurocat
Were they Trump supporters?
Posted on 11/28/23 at 5:24 pm to 4cubbies
quote:You mean besides pleading guilty to killing someone?
There was absolutely zero evidence that they killed anyone
Posted on 11/28/23 at 5:34 pm to 4cubbies
quote:
There was absolutely zero evidence that they killed anyone, which is why they were acquitted.
You should probably volunteer to give them conjugal visits ....
Of course there's no chance of them stealing your bike, so...
Posted on 11/28/23 at 5:37 pm to Epaminondas
quote:
You mean besides pleading guilty to killing someone?
Because an innocent person has never done this before?
Posted on 11/28/23 at 5:39 pm to 4cubbies
quote:
Is it really that hard to believe that two black guys were railroaded for killing a white cop?
They did kill a cop you stupid frick
Posted on 11/28/23 at 5:39 pm to Warboo
Jury found them not guilty of the murder charges. Could be a case of jury nullification, but still the result of the trial is a not guilty verdict.
In our system that decision should be sacrosanct whether the judge likes it or not.
In our system that decision should be sacrosanct whether the judge likes it or not.
Posted on 11/28/23 at 5:40 pm to RollTide1987
quote:
Because an innocent person has never done this before?
they wouldn’t have pleaded guilty if the facts were in their favor. They did it and now some nonprofit is trying to twist the story just like the “muh *innocence* project” stories frick off
Posted on 11/28/23 at 5:41 pm to CleverUserName
quote:
You mean to tell me the entire story is that a jury found two black guys innocent of all counts.. everything… and the judge just said, “whatever… I’ll just do what I want and sentence them to life in prison!”
Yea. I find that a little hard to believe.
As others mentioned, they were convicted for the crack cocaine, and they were sentenced for that conviction. (Specifically, the guilty verdict being for conspiring to distribute 50 grams or more of cocaine base).
The concerning issue is how sentencing was carried out. After someone is convicted a judge creates a point score to determine the sentencing. This judge added points to the score based on
quote:
“[they] killed [Officer Gibson] under circumstances that would constitute murder under 18 U.S.C. § 1111” U.S. v. Claiborne, 388 F. Supp. 2d 676, 679 (E.D. Va. 2005)
As others have noted, that is unfortunately the current law of the land. While a conviction requires proof of each and every element of an offense beyond a reasonable doubt; sentencing only requires proof by a preponderance of the evidence. This logically creates a situation where someone can be "not guilty" but still held somewhat accountable for behavior.
I don't have easy access to historical data, but I believe the crack conviction would have them at a base level of 26 for sentencing guidelines. The cross reference to the murder charge puts them at a base level of 43. So in round numbers we are talking about moving from 63-150 months to life.
The original appeal has all the information. It at LINK. You can ignore the ineffective assistance of counsel portions for this part of the discussion.
Posted on 11/28/23 at 5:41 pm to TigerintheNO
It's bad law.
Posted on 11/28/23 at 5:41 pm to Eurocat
Our legal system is absolutely bonkers sometimes.
Posted on 11/28/23 at 5:55 pm to GumboPot
quote:
That doesn't seem right.
This. Shouldn’t be able to hold actions you weren’t found guilty of against a person.
I understand using past convictions and a pattern of repeat behavior but this is some bullshite
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