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Tuesday, December 08, 2009

Federal Prosecutors Live to Tank Another Day in Turner Trial

The jury was split 9-3 for acquittal, said one of the jurors, Richard Gardener, a Nassau County truck driver. He said the jury in Brooklyn federal court was troubled because federal prosecutors abruptly halted the presentation of their evidence after three days in a trial that had been expected to last more than a week.

"He bailed out in the middle of it," Gardener said of the chief prosecutor, William R. Hogan Jr.
- El Paso Inc.

Respectful, layman's legal opinion on yesterday's outcome: Just yesterday, Mr. Hal Turner's trial in threatening three federal judges in the 7th Federal Ciruit ended as a mistrial as a result of a hung jury. The jury did not receive any confidence that the prosecution would honor their implied promise to provide the court with the evidence they apparently didn't have in hand, after all. The controversial and iconoclastic blogger/conservative radio talk show host will get a new trial this coming March.

Disrespectful layman's legal opinion on yesterday's fucking laughable travesty: OK, something stinks to high heaven here and it's not just Fat Harry's prison underwear. There was no paucity of evidence pointing to a pattern of violent hate rhetoric. It's documented all over the farkin' internet. Turner's even up on charges in Connecticut court for threatening the lives of two state lawmakers (both openly gay legislators, meaning Turner could be guilty of a hate crime if convicted).

The juror was right: The prosecution "bailed out." Or rather, they threw the fight, maybe hoping to live to throw the fight another day.

Throw in the other drama blithely forgotten by the MSM and you have the makings of a hush-hush conspiracy. Turner was given legal cover by then US Attorney and Governor-elect Chris Christie, who'd already gone on record at balking at showing up in court to explain his involvement. Add to that the still-underreported involvement of Turner's off and on history as a paid informant with the FBI, which doesn't always work out that well for the Bureau, and you have the makings for something that could be almost as big as Watergate.

This goes so far beyond being a merely important battleground testing the limits of the 1st amendment that it threatens to actually impinge on the free speech of the prosecution. This is the deliberate suppression of evidence, pressure being put to bear on federal prosecutors who should've had a slam dunk case against Fat Harry considering his extensively documented history of hate rhetoric.

And you have to ask yourself: If any of those judges had met the same fate as Judge Lefkow's family, would the outcome in federal court in Brookyln had been any different?

We'll never know but my gut tells me not only yes but Hell yes because it would have made the suppressive parties look even worse than they already do. The NJ FBI field office, an incoming gubernatorial administration and Lord only knows who else had secrets to hide.

So Turner will be retried this March after being given at least a speedy attempt at a fair trial.

Just remember how long Susan Lindauer was remanded in Carswell and kept in federal custody based on a complete lack of evidence against her. Think about how little it took to convict Jose Padilla, an idiotic, wouldbe gangbanger who found himself in over his head.

Then compare that to how much evidence Patrick Fitzgerald's people could've presented at Turner's three round parodic dive of what should've been a ten round fight. I'm not saying Hal Turner's guilty. That's not for me to judge. But the sheer preponderance of evidence that has mysteriously evaporated without even so much as a motion to suppress, evidence that could've and should've been brought up during Turner's trial certainly brings enough to the table to justify a federal case. Yet, considering the paltry and weak circumstantial evidence they'd presented, it's amazing it even got out of the arraignment phase.

Right about now, Fat Harry must be somewhat mellowing on judges.
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