BREAKING NEWS: San Francisco OPEN CARRIER found NOT GUILTY by JURY

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Hey-In the United Sates I grew up in ignorance of the law is NO EXCUSE! This should apply to POLICE OFFICERS as well as the general public. If I can be prosecuted for not knowing the law, then that should go both ways!

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If you Google this, Jury Acquits Honor Student Of Gun Charge. How many media outlets reported the story?

NONE. Just the SF Public Defender's Office, OCDO and CalGuns.

Another gun forum had it too.

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xraygil1 wrote:

Hey-In the United Sates I grew up in ignorance of the law is NO EXCUSE! This should apply to POLICE OFFICERS as well as the general public. If I can be prosecuted for not knowing the law, then that should go both ways!

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qualified immunity

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Umm, actually, sounds like I have heard something about malicious intent and malicious prosecution cannot be automatically protected under qualified immunity?

The officers admitted under oath that they staged the photographs ... thismight have beena felonious act as it was 1) a conspiracy between the officers to stage the scene so as to falsely portray the defendant in a criminal act, 2) filing a false police report to suborne the DA's office into a false prosecution, 3) giving false testimony in the furtherance of a crime ...

I hope Banks goes for the civil case at the very least ... false arrest, false prosecution, and that the State Attorney General goes after the officers and their superiors and maybe even proves collusion between the officers and the DA's office.

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Prosecutors have near total immunity in what charges they bring. The officers and thedepartment don't.

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cato wrote:

The officers and thedepartment don't.

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See http://www.cass-news.com/articles/2010/03/17/news/local/doc4b9e76c91e628871240273.txt(state Nebraska CSI officiall being prosecuted for evidence tampering)

SNIP

Special prosecutor Clarence Mock gave a 45-minute opening statement and defense attorney Steven Lefler issued 53 minutes of initial remarks in the bench trial of Douglas County’s chief crime-scene investigator. Kofoed is on trial for a Class IV felony charge of evidence tampering related to the investigation of the 2006 murders of Murdock residents Wayne and Sharmon Stock.

Mock said the prosecution plans to outline how Kofoed intentionally falsified blood evidence and manufactured a false report that led to the arrest of Nicholas Sampson and Matthew Livers. Both Sampson and Livers spent months in jail before they were cleared of the charges. Wisconsin residents Jessica Reid and Gregory Fester were later convicted of the murders. They are serving life sentences in prison.

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CA_Libertarian wrote:

I'm glad the SFPD got caught staging photos of the gun being partially concealed "wedged" in the seat... and how other evidence and trial testimony showed that they falsified their initial police report.

Let's be glad the police in this instance were inept at framing their victim.

The question is: Will the officers be punished for abuse of power and perversion of justice? Or will they be punished for not doing a better job of hiding it? I'd like to see the SFPD brass take some serious actions to show us which it is.

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I'm so glad this case turned out great in favor of the OP. Now all we need to do to take it 2 steps further in future is for the OP to file criminal charges against the police officers for their unlawful actionsin their personal as well as official capacities, i forget about the laws pertaining to deprivation of rights/ violations of due process etc... wait I think I remember one reference USC Title 18 Sect 242 and there are a few others, come on you fellow patriots who are here on the forum also and know these other references.

Secondly start informing jurors of their real power in the courtroom that they have the power to not only rule in favor of the defendent but they can rule on the law itself that the defendent is being charged with violationg in other words jurors can rule against "nullify" bad laws! Yes another way to get rid of bad (unconstitutional) gun laws.Research "Jury Nullification" and seeFully Informed Jury Association FIJA http://www.FIJA.org I'm not surprised at all why judges don't inform jurors of their real power!

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I am glad another good guy beat another fabricated case against a citizen. I hope those so called police officers have a ride in the court system.

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cato wrote:

Police also submitted photographs of Banks’ gun partially wedged into the corner of his seat. During cross examination by Lopez, however, the sergeant admitted that the photographs were taken after he had handled the gun and placed it in that position.

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http://sfpublicdefender.org/media/2010/03/jury-acquits-honor-student-gun-charge/

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Stick a fork in you pal... 'cause you're DONE.

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All I can say at this thread, is "wow".

But then again, part of me isn't surprised. It's not surprising that an SF jury wouldn't convict when the law clearly wasn't broken, even though they might not like the behavior -- SF has a lot of people doing a lot of things other people don't like, and it works (when it does) precisely because we don't throw people in jail until they break the law.

The actions of the police are also, unfortunately, not surprising. Will anything come of this egregious violation? Or is it OK because it -- luckily -- came out in the trial? :quirky

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Wonderful news indeed.