CREATOR OF TRIAL PETITION REPLIES STATING THE BASIS FOR THE PETITION

After I reposted the article regarding the petition asking for Casey to be tried in federal court for the murder of Caylee, the author of the petition sent a reply stating his basis for asking for the trial.

futtheshuckup

May 13, 2012 at 12:37 am  

Firstly, I want to thank you for posting this information about my petition. Secondly, I would like to leave a summary of the points contained in the petition itself in case anyone has a question about it. The petition is unique in that it addresses something no other petition has before – the policy that DOJ uses to determine whether or not they will take a case that has already been tried by a state, the Petite Policy, that was established in 1960 in US v. Petite.

Others have addressed the dual sovereignty doctrine, which is a doctrine that allows someone to be tried by the federal government after being tried by the state; the case of record there is US v. Lanza, 1922. Essentially, it says that double jeopardy only applies to one particular sovereign such that a person may only be tried only once by any given sovereign. The federal government is a separate sovereign from all of the states, which all have their own sovereignty. This is why the federal government can try a person after they have faced charges at the state level; they are a separate sovereign from the state where the trial took place.

The dual sovereignty doctrine says that they can charge someone with federal crimes after state proceeding while the Petite Policy says whether or not they will do that. The petition addresses that policy.

The Petite Policy of the United States Department of Justice ( http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/2mcrm.htm#9-2.031 ) states: “This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act(s) or transactions involved in a prior state or federal proceeding.

This policy precludes the initiation or continuation of a federal prosecution, following a prior state or federal prosecution based on substantially the same act(s) or transaction(s) unless three substantive prerequisites are satisfied:”

1. the crime involves a substantial and enduring federal interest.

The petition maintains that the protection of those Americans who, because of physical, psychological, or mental deficiencies, cannot protect themselves is and always has been both a substantial and enduring federal interest. Many government programs have been created for just that purpose, and America’s children constitutes one of those groups.

2. The prior prosecution must have left the stated federal interest demonstrably unvindicated.

One way this prerequisite can be met is by showing that the jury disregarded evidence in coming to their verdict. Statements given by jurors after the trial prove that they, in fact, failed to go over the evidence.

Another way this prerequisite can be met is if there was an unavailability of evidence. Judge Perry kept out a lot of evidence that should have been made available to the jury but was not because of his rulings. The petition cites an example of this.

A third way this prerequisite can be met is if the crime constituted egregious conduct, which the murder of a child certainly is egregious conduct.

Fourthly, this prerequisite can be met if it can be shown that “…the prior prosecution was manifestly inadequate to protect its….resource.” The petition addresses the prior prosecution’s failure to provide a deterrent to others who might attempt to murder their children in the way Ms. Anthony did, and in order to protect our children, it is necessary for the federal government to send a message of deterrence by prosecuting Casey Anthony.

3. The government must believe that the defendant’s conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact.

Murder is a federal offense, and there are other charges that are associated with this crime that the federal government could charge her with in addition to or to the exclusion of murder. The petition asks the DOJ to charge any and all offenses associated with this crime.

The evidence is also there to obtain and maintain a conviction; moreover there is other evidence that can be allowed in on the federal level that was not on the local level that goes towards doing both those.


JOINING FORCES WITH CAYLEE’S WARRIORS

As some of you out there may have noticed, there has been a movement by Justice for Caylee and Caylee’s Warriors to boycott the new book by Defense Atty Jose Baez. I have been having a short conversation with one of the members about the problems they are having in getting a voice to get the word out.

To assist them in their cause, I have decided to resume webcasting within the next few days on my blogtv.com channel.

http://www.blogtv.com/people/murtwitnessonelive

It will take me some time to get up to speed, but once I am on a regular schedule I will post broadcast times. I will attempt to do the marathon broadcasts I used to do early in the coverage of the case as well as schedule road trips to go to places of interest.

Stay tuned

MURT

REPEAT BEHAVIOR

The so called blog war saga has taken a recent turn toward qualifying as bullying rather than seeking a truth or exposing a troll. In a revisit to tactics used against me, demeaning images of the target of this war are now appearing in post after post by one side of this war.

 

Again I must stress that I am not taking sides in the ongoing battle but rather am watching the developments as they occur with increasing concern. That concern is due to the fact that I respect the person who is seeking the truth and the work she has done so far with her blog and forum over the years covering true crime.

I do fear that her effort to cover what she considers a fraud in the true crime circles is leading her down the slippery slope of bullying. I am not sure what the source is for some of the things she claims but to personally attack the individual rather than deal with specific evidence of what she alleges will only serve to label her as a bully.

Her target will then win the war by default not having to do anything but remain silent while her predator walks into the trap.

 

Stay tuned

 

MURT

@FIND-SIERRA

Every once in a while a random tweet catches my eye. This time it was a series of tweets by someone trying to locate 15 year old Sierra LaMar. This another missing child among thousands of others. It has been 37 days since she went missing. There are all sorts of internet sites besides the twitter account that caught my attention:

This is the main website: http://findsierralamar.com/

Besides the main website there are several others:

https://www.facebook.com/Find.Sierra.LaMar

https://www.facebook.com/profile.php?id=100003821213285

 

It is nice to know that there are efforts out there to find missing children and that those efforts are not beset by trolls, cyber bullies and other misfits. I pray for her safe return.

Stay Tuned

MURT

 

 

 

SNIFFING OUT THE BLOOD TRAIL

Somewhere in cyberspace, an internet lioness is hunting out her prey. This lioness is part of a pack of predator lionesses seeking the same prey. The prey has been elusive until now. The pack is getting closer. Perhaps the prey is tiring of the hunt and is secretly letting the predators close in.

Or is the prey the bait for a hunter? A hunter able to strike from a long distance away. Undetected by the prey. Undetected by the predators.

Stay tuned

MURT

FISH STORIES AND BLOG WARS. THE NEVER ENDING EXPANDING DEGREE OF ACCUSATIONS CIRCULATING IN THE RADIONEWS VS AMELIA SOBEL SAGA.

I have been paying rapt attention to the Radionewz blog as well as to various comments by Amelia Sobel over this ever growing blog war that seems to have cropped up between these two internet notables and their supporters.

This war/saga started with accusations back and forth of lies and misconduct on the various internet blogs and websites, grew to profiting off of a dead child and is now getting to the point where lawsuit threats are flying around like buzzards on road kill.

There are even accusations of violations of the Hepa laws regarding unauthorized access to medical information and the writing to those medical officials treating a disorder offering “medical advice.”

There is even the accusations of “tax violations” thrown in for good measure, reminding me of another blogger who accused half the citizens of a Midwest county of every sin and law breaking imaginable along with tax violations thrown in for good measure. Since this blog fest also involves a dispute between the female gender, it seems more likely this is nothing more than a bitch fest than any effort at finding any truth.

I half expect that some weeks or months from now all these feuding felines will kiss and make up and then find someone else to pick on. Absolutely nothing would surprise me at this point.

And the beat goes on.

Stay tuned

MURT

IS THIS THE AUNT CRAZY THE CRAZY NIECE WROTE ABOUT?

There is a “crazy niece” in Ohio that wrote about her “aunt crazy” in Illinois. I wonder if this t shirt belongs to that “aunt crazy”?

You never know

 

Stay tuned

 

MURT

 

DEATH WISH II. ANOTHER CYBER BULLY WISHES DEATH UPON SOMEONE ON TWITTER

The Radio Newz blog has been interesting to read over the past few weeks as the articles have dealt with defamatory slander and other cyber bullying and yet another individual wishing someone to die publicly on twitter

http://radionewz.net/2012/05/ceelo-green-wishes-death-upon-people-in-a-tweet/comment-page-1/#comment-3196

 

It seems that when a bully gets frustrated that their target will not back down they will resort to posting that they would wish their target dead. In this case, the bully even included the children of the victim to die as well. One has to wonder about the mental state of a person like this and thus worry about any children they might come in contact with in real life. One woman who wished ME dead has grand children. I would be deeply concerned about the welfare of ANY child whom may be visiting her or be visited by her.

As Radio continues to write these articles, they are stark reminders of what I went through and what others are now going through.

 

Stay Tuned

 

MURT

CITIZENS FOR CAYLEE SAYS: “Baez Book Deal – NO WAY JOSE! ” IN LATEST BOYCOTT EFFORT

The continued anger over the acquittal of Casey Anthony is demonstrated once again with the advent of a new boycott by the Citizens for Caylee group as well as other associated groups as the news that defense atty Jose Baez is writing his version of events during the course of the Casey Anthony saga.

http://citizensforcaylee.wordpress.com/baez-book-deal-no-way-jose/

The case of Caylee Anthony is most unusual in that groups formed early to assure that there was nobody “making money off a dead child.” The center if the groups ire are Casey, and the members of the defense team as well as that of the Anthony family who attempt to reap financial gain from the death of Caylee.

I know of no other case where this kind of sustained anger and resulting action by dissenters has taken place. It will be interesting to see how long the intense anger lasts and if their efforts will be successful.

 

Stay Tuned

 

MURT

TAMPERING WITH CONTENT. MAINSTREAM MEDIA REPORTERS NOW EMULATING BLOGGERS?

One of the most common problems with bloggers is their tendency to alter content either deleting dialog or other contents from material they quote or source in their articles to simply creating content out of thin air.

There is a local case here in Central Florida that seems to indicate that the so called ethics of the main stream “professional journalist” has gone out the window with the clear and rampant altering of  a 911 telephone call made by George Zimmerman who is facing prosecution for the shooting a young black male and bringing to the forefront Florida’s stand your ground law.

A THIRD NBC employee has been fired for altering the contents of that call. What makes this significant is that these are reporters ON THE MAIN STREAM MEDIA and not bloggers.

http://movies.yahoo.com/news/nbc-fires-miami-reporter-over-edited-911-call-040611588.html

This is also NOT a new problem. For some strange reason people tend to trust the mainstream media more and are more willing to believe whatever comes out of a “professional journalist” than from an “amateur blogger.” It is now clear that it is a misplaced trust. Readers and viewers tend to forget that reporters and other PROFESSIONAL journalists are people as well. They are ambitious people in a HIGH PAYING and HIGHLY COMPETITIVE business. They are also people with big egos similar to that of movie stars and other entertainment professionals. These are ego driven people who thrive in the limelight of their profession and are always vying to be the next Walter Cronkite or Barbara Walters at an anchor desk somewhere on a big shot network. To accomplish this goal these so called professionals are willing to place innocent victims in danger or ruin their lives all in the pursuit of higher ratings and a better resume.

As more and more firings by the networks of their reporters and editors for this kind of deception become public, there will soon be nobody for viewers or readers to trust when trying to get to the truth of matters of interest. That is the true cost of what these ego driven deceivers have done in the process of their reporting.

Stay Tuned

MURT

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