|
| View previous topic :: View next topic |
| Author |
Message |
adkindo
Retired Number
Joined: 16 Jun 2005
Posts: 40345
Location: Dirty South
|
 Posted: Thu Mar 17, 2022 4:12 am Post subject: |
|
|
My take on it (from a non-attorney perspective) is there was clearly some level of.....corruption is not the right word....maybe questionable ethics out of Kim Foxx's office. Very connected and political individuals were working behind the scenes to get Smollet off the hook.....and Foxx basically made it all go away without even requiring Smollet admit wrongdoing. All that said, I think that is where the investigation should have went....Foxx and her office. If there were ethics violations....then file them. If there were criminal charges (which is unlikely or at least unlikely to have enough evidence), then file them. I never was 100% comfortable with them finding a way to go back after Smollet.....even though I feel no pity for him and think he deserved what he got from a right and wrong standpoint....but the result probably does not justify the means IMO.
Honestly, I think the guy had an easy out. He could have admitted he lied, but claimed he took the action because he thought Trump's "MAGA movement" was such a threat, and it needed to get attention before someone got hurt for real. The liberal media would have been very understanding.....with an apology this would all be over....and he would likely have a path back to a career eventually. |
|
| Back to top |
|
 |
LongBeachPoly
Franchise Player
Joined: 14 Jul 2012
Posts: 16215
|
| Posted: Thu Mar 17, 2022 4:30 am Post subject: |
|
|
| adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
|
| Back to top |
|
|
Dr. Laker
Franchise Player
Joined: 12 Apr 2002
Posts: 17156
|
| Posted: Thu Mar 17, 2022 7:09 am Post subject: |
|
|
| LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
If you have means, justice is different for you. Ken Lay (Enron) was vacationing in Colorado when he died. He was allowed to remain out on bail before his sentencing and because his appeal was filed before he died, his death vacated his conviction. $99,000,000.00 of Lay's assets were then shielded from government seizure. I contend he took himself out to save the assets for his family.
_________________
On Lakersground, a concern troll is someone who is a fan of another team, but pretends to be a Lakers fan with "concerns". |
|
| Back to top |
|
|
adkindo
Retired Number
Joined: 16 Jun 2005
Posts: 40345
Location: Dirty South
|
| Posted: Thu Mar 17, 2022 8:06 am Post subject: |
|
|
| LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
|
| Back to top |
|
|
numero-ocho
Franchise Player
Joined: 27 Jul 2004
Posts: 18248
Location: Los Angeles, CA
|
| Posted: Thu Mar 17, 2022 8:41 am Post subject: |
|
|
| adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
I was never invested in seeing him do jail time and was surprised he when was sentenced. He was likely released pending appeal due to the non-violent nature of his crime and lack of criminal record.
Even if his conviction is overturned on appeal and there's a chance it might be like it was for Cosby; I just don't want to see Smollett stand in front of a camera again proclaiming his innocence and that he's a victim. Even though Cosby isn't serving any more time nobody is saying that proves he's innocent.
_________________
"Suck it up. Don't be a baby. Do your job." - Kobe Bryant |
|
| Back to top |
|
|
LongBeachPoly
Franchise Player
Joined: 14 Jul 2012
Posts: 16215
|
| Posted: Thu Mar 17, 2022 9:24 am Post subject: |
|
|
| adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
Large chunk ok.
At least there’s something left to appeal. What’s actually left to appeal if you already did 100% of the time? |
|
| Back to top |
|
|
adkindo
Retired Number
Joined: 16 Jun 2005
Posts: 40345
Location: Dirty South
|
| Posted: Thu Mar 17, 2022 12:38 pm Post subject: |
|
|
| LongBeachPoly wrote: | | adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
Large chunk ok.
At least there’s something left to appeal. What’s actually left to appeal if you already did 100% of the time? |
I assume the 150 days in jail is nothing compared to having the multiple felonies on his record for the rest of his life. |
|
| Back to top |
|
|
ContagiousInspiration
Franchise Player
Joined: 07 May 2014
Posts: 13823
Location: Boulder ;)
|
| Posted: Thu Mar 17, 2022 12:44 pm Post subject: |
|
|
Didn't read into it but "Probation" violations can get a person sent back to jail or prison or federal penitentiary depending upon the conditions
He has 30 months probation iirc
What happens when he violates it? |
|
| Back to top |
|
|
LongBeachPoly
Franchise Player
Joined: 14 Jul 2012
Posts: 16215
|
| Posted: Thu Mar 17, 2022 3:03 pm Post subject: |
|
|
| adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
Large chunk ok.
At least there’s something left to appeal. What’s actually left to appeal if you already did 100% of the time? |
I assume the 150 days in jail is nothing compared to having the multiple felonies on his record for the rest of his life. |
But you can't make decisions for other people.
If what he wanted to do was appeal the 150 jail time, it'd be pointless to fight that if he'd have to serve the entire sentence any ways by the time the appeal process is over.
That is a valid point for someone looking to appeal the 150 day jail time.
I mean, there's no loss to the city. If he loses the appeal, he does the full 150 days at a later time.
But there's a loss to him. If he wins the appeal, he would have served the entire 150 days anyways.
So they have to weigh the interests of the city vs. the interests of Smollett. The city can wait to get his 150 days of jail. There's no rush for him to serve it immediately. |
|
| Back to top |
|
|
adkindo
Retired Number
Joined: 16 Jun 2005
Posts: 40345
Location: Dirty South
|
| Posted: Thu Mar 17, 2022 4:31 pm Post subject: |
|
|
| ContagiousInspiration wrote: | Didn't read into it but "Probation" violations can get a person sent back to jail or prison or federal penitentiary depending upon the conditions
He has 30 months probation iirc
What happens when he violates it? |
I am sure there are details that was not reported, but what was reported made it seem like it would be difficult to violate his probation. He had no domestic travel restrictions, had no employment requirement and could report monthly by phone. The probations that I have been aware of from people I have knew in the past included travel restrictions limited to their county without special permission from their PO....and they had to report in person at least one a month while their PO would do surprise visits at their home or work as often as they desired.
The way most people violate probation is to either break the law again, not report to their PO, not maintain employment or fail a drug test. Smollet is not a criminal, so it was unlikely he would break the law again......it is beyond convenient to call in to report, and I am not sure how they could do random drug testing if he does not have to report in person or continues to reside in the county. |
|
| Back to top |
|
|
Omar Little
Moderator
Joined: 02 May 2005
Posts: 90323
Location: Formerly Known As 24
|
| Posted: Fri Mar 18, 2022 6:44 am Post subject: |
|
|
| LongBeachPoly wrote: | | adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | LongBeachPoly wrote: | | adkindo wrote: | | Quote: | Byron York
@ByronYork
Judge orders release of Jussie Smollett pending appeal, after serving 6 days of 150-day sentence.
9:34 PM · Mar 16, 2022 |
On the surface, seems weird. I assume many people incarcerated have open appeals. |
| Quote: | | Smollett’s attorneys had argued that he would have completed the jail sentence by the time the appeal process was completed |
This is very true. He's appealing the 150 days in jail. If they keep him in jail through the entire appeals process, then he'll end up serving the 150 days anyways. So he'd have nothing to gain for appealing. |
I really just do not buy the argument....anyone that appeals their sentence will likely spend a large chunk of time in jail even if their appeal is successful. Personally, I could care less if he spends a day in jail. |
Large chunk ok.
At least there’s something left to appeal. What’s actually left to appeal if you already did 100% of the time? |
I assume the 150 days in jail is nothing compared to having the multiple felonies on his record for the rest of his life. |
But you can't make decisions for other people.
If what he wanted to do was appeal the 150 jail time, it'd be pointless to fight that if he'd have to serve the entire sentence any ways by the time the appeal process is over.
That is a valid point for someone looking to appeal the 150 day jail time.
I mean, there's no loss to the city. If he loses the appeal, he does the full 150 days at a later time.
But there's a loss to him. If he wins the appeal, he would have served the entire 150 days anyways.
So they have to weigh the interests of the city vs. the interests of Smollett. The city can wait to get his 150 days of jail. There's no rush for him to serve it immediately. |
Correct. There’s no legal value to a defendant’s right to appeal if he serves all or substantially all of an appealed sentence. That’s not usually a problem for the people who get death or many years, as there is plenty of time for appeals without the loss of most of the liberty or their life that is in their punishment. Which brings us to the 150 day sentence, which is a punishment more than a public safety issue, so there’s no danger to the public if he’s let out pending. And the ramifications of skipping out on that make him very little as a flight risk.
_________________
“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” ― Elie Wiesel |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
