AND THE SECRET PRE SENTENCE REPORT.
A.K.A. THE SECRET P.S.R.
"YOU KNOW, WE REALLY -- YOU'VE PUT YOUR
FINGER ON SOMETHING THAT IS A CONCERN. WE REALLY HAVE TO BE
CAREFUL - - I MEAN, EVEN WHEN YOU START OUT WITH A CASE
THAT'S BASED ON SPEECH OVER THE INTERNET, YOU OBVIOUSLY GAVE
A LOT OF THOUGHT, AND THE LEGISLATURE HAS GIVEN A LOT OF
THOUGHT TO CRAFTING LAWS THAT BALANCE FREE SPEECH AGAINST
THREATS TO SOCIETY.
I'M NOT QUESTIONING AT ALL THAT THIS IS AN
APPROPRIATE CASE TO BRING. AND AS I SAID, THESE ARE WHAT I
CONSIDER TO BE SERIOUS CHARGES. BUT THE FIRST AMENDMENT IS
LOOMING THERE AS A GLOBAL CONTEXT FOR THE ENTIRE PROSECUTION.
AND, THEN, YOU'RE RIGHT, IT DOES APPEAR, AT LEAST THERE'S
SOME SUGGESTION, THAT KILLERCOP WOULD HOLD SOME
UNCONVENTIONAL VIEWS.
BUT NEITHER IS THAT CRIMINAL -- WHICH NO ONE IS
SUGGESTING AT ALL -- NOR IS IT DANGEROUS." ~Federal Judge A. Howard Matz. Central District, California. Pg 59, APRIL 12, 2002 Case: CR 02-350-AHM
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That's pretty clear, I Think, Don't ya?
A defendant’s Sixth Amendment right to counsel in a criminal
trial includes “the right to the effective assistance of
counsel.” McMann v. Richardson, 397 U.S. 759, 771 n.14
(1970). The right attaches at both the guilt and sentencing
phases. Silva v. Woodford, 279 F.3d 825, 836 (9th Cir. 2002)
But not on appeal!!! And that's a fact.
"Ladies and gentlemen, the charges in this case have to do with threats and have to do with the misuse or intended misuse with the intent to aid and abet the commission of fraud of social security numbers. There is no allegation in this case, and you will not be asked to determine, whether obtaining social security numbers is legal or illegal, having them is legal or illegal, or even communicating them is legal or illegal. There are certain elements that you will hear about at the time I charge you as to the posting of the social security numbers, which requires more than simply having them or getting them in order to have a crime committed. The other part of the case involving threats contains different elements, which I’ll charge you about, too. But those are the parameters of what these charges require evidence to be introduced about. " ~Judge A. Howard Matz.
"The behavior that neither resulted in a conviction nor even an arrest but that was facially unlawful, and in any event a very chilling indication of the consideration as to how likely it is that he would commit further crimes is that he undoubtedly and indisputably set up this killercop.com web site." ~Judge A. Howard Matz.
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