Chainlink Admin: Please disble further comments from my last post about San Hamel

Replies to This Discussion

Permalink Reply by Adam Herstein on June 6, 2013 at 12:17pm

I know it can feel better to have a full trial, but trust me, it's not the right route. First of all, the trial has the chance of the assailant getting off as not guilty. He could get off on some technicality – he did refuse a breathalyzer test. Another thread stated he has a good lawyer, and there is no doubt he will be looking for any and all possible technicalities to get him off. In addition, the trial would just be a waste of time and money for the state, even though a judgement of guilty is likely. Plea bargains are SOP for drunk driving cases, and he will likely still serve jail time. It would also get him off the streets faster. Justice still can be served via a plea bargain.

I will not be signing the petition.

clp said:

Thanks Tony.  I agree.   Both cases involve fighting our own irrational fear.  Fear of biking in traffic, fear of running in a crowd.

Incidentally a northside cyclist has put a petition on line that all Chainlinkers should sign immediately.   We want to make sure that this guy receives a FULL TRIAL with no chance of a plea bargain.  The story behind the on-line petition is here.

...A retired 72-year-old cyclist is leading a charge to prevent city prosecutors from accepting a plea bargain in the case against the driver...Robert Kastigar, a North Park resident, had never met Cann...But Kastigar said he had to do his part in standing up for the young cyclist...

Permalink Reply by Doug Haynes on June 6, 2013 at 12:24pm

You're missing the point; it is about the charges he will have to face and the charges he will be found guilty of.  Personally I want him to have to face, and carry with him, a homicide conviction vs. one for manslaughter.  

Adam Herstein (5.5 mi) said:

I know it can feel better to have a full trial, but trust me, it's not the right route. First of all, the trial has the chance of the assailant getting off as not guilty. In addition, the trial would just be a waste of time and money for the state, even though a judgement of guilty is likely. Plea bargains are SOP for drunk driving cases, and he will likely still serve jail time. It would also get him off the streets faster. Justice still can be served via a plea bargain.

I will not be signing the petition.

clp said:

Thanks Tony.  I agree.   Both cases involve fighting our own irrational fear.  Fear of biking in traffic, fear of running in a crowd.

Incidentally a northside cyclist has put a petition on line that all Chainlinkers should sign immediately.   We want to make sure that this guy receives a FULL TRIAL with no chance of a plea bargain.  The story behind the on-line petition is here.

...A retired 72-year-old cyclist is leading a charge to prevent city prosecutors from accepting a plea bargain in the case against the driver...Robert Kastigar, a North Park resident, had never met Cann...But Kastigar said he had to do his part in standing up for the young cyclist...

Permalink Reply by Duppie on June 6, 2013 at 12:37pm

Adam, Do you work in the legal field? You do speak with certain authority that makes me think you do.

Adam Herstein (5.5 mi) said:

I know it can feel better to have a full trial, but trust me, it's not the right route. First of all, the trial has the chance of the assailant getting off as not guilty. He could get off on some technicality – he did refuse a breathalyzer test. Another thread stated he has a good lawyer, and there is no doubt he will be looking for any and all possible technicalities to get him off. In addition, the trial would just be a waste of time and money for the state, even though a judgement of guilty is likely. Plea bargains are SOP for drunk driving cases, and he will likely still serve jail time. It would also get him off the streets faster. Justice still can be served via a plea bargain.

I will not be signing the petition.

clp said:

Thanks Tony.  I agree.   Both cases involve fighting our own irrational fear.  Fear of biking in traffic, fear of running in a crowd.

Incidentally a northside cyclist has put a petition on line that all Chainlinkers should sign immediately.   We want to make sure that this guy receives a FULL TRIAL with no chance of a plea bargain.  The story behind the on-line petition is here.

...A retired 72-year-old cyclist is leading a charge to prevent city prosecutors from accepting a plea bargain in the case against the driver...Robert Kastigar, a North Park resident, had never met Cann...But Kastigar said he had to do his part in standing up for the young cyclist...

Permalink Reply by Adam Herstein on June 6, 2013 at 12:41pm

I can't tell if you're being sarcastic or not, but no, I do not work in the legal field.

Duppie 13.5185km said:

Adam, Do you work in the legal field? You do speak with certain authority that makes me think you do.

Permalink Reply by Duppie on June 6, 2013 at 12:43pm

Just like you do not complain, ever, I am not sarcastic, ever.

Adam Herstein (5.5 mi) said:

I can't tell if you're being sarcastic or not, but no, I do not work in the legal field.

Duppie 13.5185km said:

Adam, Do you work in the legal field? You do speak with certain authority that makes me think you do.

Permalink Reply by Adam Herstein on June 6, 2013 at 2:16pm

Great read; thanks for posting this!

Davis Moore said:

This blog lays out some very thoughtful reasons why a plea bargain can be an appropriate resolution, and why pushing the State's Attorney's office to not consider one via political pressure is actually undesirable.

http://ridingagainstthegrain.com/2013/06/04/plea-bargains/

Permalink Reply by Adam Herstein on June 6, 2013 at 3:01pm

I can assure you that all of my work is entirely legal. :-)

Serge Lubomudrov said:

Adam works in the illegal field, perhaps. And I'm not even ironic.

Permalink Reply by h' Zerocats on June 6, 2013 at 5:00pm

The petition came about when it was kind of a blind-leading-the-blind situation, before the victim's family (thankfully) secured legal representation. It's interesting that Lisa C pointed out the exact same thing that Adam expressed last week, and received several "thank-you"s, but Adam ends up gettng bullied for it. Says much more about the bullies than about him... 

Adam Herstein (5.5 mi) said:

Great read; thanks for posting this!

Davis Moore said:

This blog lays out some very thoughtful reasons why a plea bargain can be an appropriate resolution, and why pushing the State's Attorney's office to not consider one via political pressure is actually undesirable.

http://ridingagainstthegrain.com/2013/06/04/plea-bargains/

Permalink Reply by Duppie on June 7, 2013 at 10:42am

Lisa is a legal professional, and as such I carefully listen to her (and others that have experience in the legal profession) on his issues like this and she helps me make up my mind.

Adam, on the other hand, is just another poster with an opinion. But to come to that conclusion I first had to know whether he had a legal background, so I asked.

How is this bullying?

h' 1.0 said:

The petition came about when it was kind of a blind-leading-the-blind situation, before the victim's family (thankfully) secured legal representation. It's interesting that Lisa C pointed out the exact same thing that Adam expressed last week, and received several "thank-you"s, but Adam ends up gettng bullied for it. Says much more about the bullies than about him... 

Adam Herstein (5.5 mi) said:

Great read; thanks for posting this!

Davis Moore said:

This blog lays out some very thoughtful reasons why a plea bargain can be an appropriate resolution, and why pushing the State's Attorney's office to not consider one via political pressure is actually undesirable.

http://ridingagainstthegrain.com/2013/06/04/plea-bargains/

Permalink Reply by Davo on June 7, 2013 at 2:44pm

I understand you position and I am in no way in the legal field. But I wonder if this illustrates of how messed up our legal system is in that Plea Bargaining is SOP for drunk driving. I think that is a disgrace and I wonder if that is the reason why you hear of people having multiple DUI's. And for the most part these multiple DUI's come from people with really nice cars. We really have it too easy in america when it comes to obtaining and keeping a drivers license.

Adam Herstein (5.5 mi) said:

..... Plea bargains are SOP for drunk driving cases, and he will likely still serve jail time. It would also get him off the streets faster. Justice still can be served via a plea bargain.

I will not be signing the petition.

Permalink Reply by Ian on June 10, 2013 at 8:44pm

I think this petition is ineffective and misguided. I am opposed to it. I will explain why, if asked, at the REI discussion Tuesday at 6:30. Thank you Brendan Kevenides for allowing me to be a part of this event.

clp said:

Thanks Serge and Tony.  I agree.   Both cases involve fighting our own irrational fear.  Fear of biking in traffic, fear of running in a crowd.

Incidentally a northside cyclist has put a petition on line that all Chainlinkers should sign immediately.   We want to make sure that this guy receives a FULL TRIAL with no chance of a plea bargain.  The story behind the on-line petition is here.

...A retired 72-year-old cyclist is leading a charge to prevent city prosecutors from accepting a plea bargain in the case against the driver...Robert Kastigar, a North Park resident, had never met Cann...But Kastigar said he had to do his part in standing up for the young cyclist...

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