Opinion: Field day

POSTED: 10/26/12 12:42 PM

The prosecution had a field day yesterday when it responded to arguments defense attorneys in the Vesuvius-case presented on Monday and Tuesday.
As a parting shot, prosecutors presented the criminal records of alleged gang leader Omar J. and that of co-defendant Erno L.
Omar J. was sentenced to 27 months imprisonment in the Netherlands in 2000 for attempted armed robbery and firearm possession. Of the sentence, 6 months were suspended. In 2008 J. was arrested by the French side police. Until November 2009 he was detained in Guadeloupe on the suspicion of drug dealing.
Erno L has a history with the law in the United States. According to the prosecution he was arrested several times between 2001 and 2007 for possession and dealing in drugs. He was also charged for resisting arrest.
The prosecution dismantled the defense argument that weapons found in the house of Omar J. belonged to his deceased grandfather and that his grandmother kept them locked away in her bedroom. But when detectives interviewed the grandmother, the prosecution pointed out yesterday, she denied all knowledge about the weapons.
“Based on his own statements, Omar J. knew about these weapons,” the prosecution stated.
Other weapons were found bricked up behind a wall in a cellar. Omar J. declared that he had put them there together with one of his co-defendants and his murdered brother.
Prosecutors present when the weapons were uncovered noticed that one wall in the cellar was very clean and white and that it has recently been stucco-ed. The other walls look different. The prosecutors therefore do not believe that the weapons have been in their hiding place for two years, as Omar J. wanted them to believe.
The prosecution also shot down a story about Kevin M. a suspect who was arrested by the gendarmerie and later released. Attorney Brenda brooks boasted on Tuesday that the gendarmerie had been able to establish M.’s innocence because he had been wearing an ankle bracelet with GPS-capability. Prosecutors assured the court yesterday that this statement is “completely incorrect” and that the ankle bracelets used on the French side are not equipped with a tracking system. “The attorney is mistaken, or she misunderstood, but her statement is at odds with the truth,” buy cheap diazepam 10mg prosecutors said.
Prosecutors also dismissed the story that Oggy Gumbs had been shot with a .45 caliber gun. “We do not know where the attorney got this wisdom, but this statement is also at odds with the truth. No .45 caliber was found at the scene of that shooting. We are not able to say anything about what was found in the interest of that investigation.”
And that was that: quite some statements that were presented with the intention to make the prosecution and investigators look like a bunch of amateurs simply turned out to be “at odds with the truth.” The prosecutors kept it polite, but most people would call these statements lies.
Here is another one – presented for the benefit of Carlos R., the gang’s alleged gunman.
The defense presented an “alibi” for the shooting at the Tan Tan supermarket on April 20 where Omax Bye was the target. The defense put its client at the funeral of Gerald James at the time of the shooting, but prosecutors pointed to statements in the case file that say something quite different. One witness said that he had seen R. around 4 p.m. at the funeral – hours after the shooting. His mother initially said she had not seen him there at all, and later said that she saw him after 4 p.m. attorney Brooks places R. at 2 p.m. at the funeral. There is no proof for this, the prosecutors said, and it is not in the mother’s statement.
Carlos R. initially did not mention his presence at this funeral at all. He came much later with that story. “We are unable to get away from the impression that this is a conscious attempt to create a false alibi, the prosecution noted.
There were of course many more arguments in play yesterday and they consistently broke down arguments presented by defense attorneys. How much of this will stick in the end – from either side – is obviously up to Judge Rick Smid. Yesterday he announced that he will pronounce his verdict in the case of Charles F. on November 15. Today we will learn whether the other rulings will arrive on the same date or a day later.

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