AWB violation overturned in Dedham

[Drix]

I seriously hope they nail these guys balls' to the wall.

I know it won't happen, there's no accountability in the people's republic, but it would be nice to see that the police can't run around falsifying evidence and get away with it- if they can what is the point in our court system?

 

[drgrant]

This is less of a 2A victory and more like a victory against police misconduct. The police should be sanctioned for deliberately mishandling evidence in order to obtain a conviction.

Isn't that some kind of felony? Probably never enforced, though.

-Mike

 

[arsco]

deliberately mishandling. Is an understatement.

Malicious destruction of property and fabricating evidence. Wouldn't they need an 07 to manufacture a "new" firearm

 

[rwl1955]

This is less of a 2A victory and more like a victory against police misconduct. The police should be sanctioned for deliberately mishandling evidence in order to obtain a conviction.

will be interesting to see if any disciplinary action is taken. How about damage to the clients personal property? Will the client/lawyer sue DPD for damages/illegal arrest?

 

[amm5061]

will be interesting to see if any disciplinary action is taken. How about damage to the clients personal property? Will the client/lawyer sue DPD for damages/illegal arrest?

Can't sue the state if the state doesn't let you....

 

[Len-2A Training]

Dedham is the County Seat where the case was heard. Nobody is stating the town the alleged non-offense occurred in as the attorney stated that other charges are still pending against his client. It turns out that JC Arms hired and paid for this defendant's attorney! Awesome thing to do. Joe is a standup guy for certain.

 

[amm5061]

Dedham is the County Seat where the case was heard. Nobody is stating the town the alleged non-offense occurred in as the attorney stated that other charges are still pending against his client. It turns out that JC Arms hired and paid for this defendant's attorney! Awesome thing to do. Joe is a standup guy for certain.

If you read through the comments, there's a cryptic message about what PD it was. Norwood PD seems to be the culprit here, not Dedham.

And yes, bravo to JC Arms! I might just have to pick up a lower from him.

 

[joe1231913]

Guys...it was in Dedham District Court, Dedham was not the PD who made the charge.

Also, I am the manufacturer of JC Arms receivers...I provided testimony refuting the charge. Attorney Couture did an outstanding job. Also, I should mention the legal defense for the defendant was paid BY ME, THE MANUFACTURER of the gun!

No further details can be released about the case right now.

 

[rwl1955]

Guys...it was in Dedham District Court, Dedham was not the PD who made the charge.

Also, I am the manufacturer of JC Arms receivers...I provided testimony refuting the charge. Attorney Couture did an outstanding job. Also, I should mention the legal defense for the defendant was paid BY ME, THE MANUFACTURER of the gun!

No further details can be released about the case right now.

Good job, so I apologize to Dedham PD for assuming it was them. Norwood? I was born and raised there, left in early 90's but ex still lives there and Daughter graduated from NHS. I think Len was friendly with the former COP.

 

[rwl1955]

Good job, so I apologize to Dedham PD for assuming it was them. Norwood? I was born and raised there, left in early 90's but ex still lives there and Daughter graduated from NHS. I think Len was friendly with the former COP.

Can't wait for more of the gory details.

 

[Len-2A Training]

Good job, so I apologize to Dedham PD for assuming it was them. Norwood? I was born and raised there, left in early 90's but ex still lives there and Daughter graduated from NHS. I think Len was friendly with the former COP.

No, the current chief was one of my police academy instructors and I've spoken with him at some CMR hearings in the past. I do think of Bill Brooks as halfway decent wrt 2A, at least compared to many other MA chiefs.

It wasn't Norwood PD according to the attorney's post. I can't parse out where the guilt lies however from his cryptic response (quoted below):

2A Attorney Everyone is asking about which PD is was... Due to the sensitive nature of the case and the remaining pending charges I can not give out detailed information all that I can say is that the offending Department has "nothing to do with metal... nor wood...

 

[bill o]

Guys...it was in Dedham District Court, Dedham was not the PD who made the charge.

Also, I am the manufacturer of JC Arms receivers...I provided testimony refuting the charge. Attorney Couture did an outstanding job. Also, I should mention the legal defense for the defendant was paid BY ME, THE MANUFACTURER of the gun!

No further details can be released about the case right now.

Thay makes more sense. The current Dedham chief isn't exactly a gun guy, but he doesn't go out of his way to hassle anyone either.

 

[not new guy]

Thanks, Len.

 

[Bfatz]

Guys...it was in Dedham District Court, Dedham was not the PD who made the charge.

Also, I am the manufacturer of JC Arms receivers...I provided testimony refuting the charge. Attorney Couture did an outstanding job. Also, I should mention the legal defense for the defendant was paid BY ME, THE MANUFACTURER of the gun!

No further details can be released about the case right now.

Class A guy Joe....Cheers to you and God Bless..

 

[rogues]

It depends on how your parse Andrew Couture's response. Specifically saying "nor wood" seems important considering Dedham district court covers 7 towns from what I understand - Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. Saying it the way he did makes me think he's saying it was Norwood. I want to be wrong.

 

[amm5061]

It depends on how your parse Andrew Couture's response. Specifically saying "nor wood" seems important considering Dedham district court covers 7 towns from what I understand - Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. Saying it the way he did makes me think he's saying it was Norwood. I want to be wrong.

That's what I got out of it, too. Someone else further down in the comments references Norwood as well.

 

[greencobra]

We need Rights Enforcement Agencies to combat(or replace) the blatantly illegal and aggressive Law Enforcement Agencies.

isn't this what the aclu is for?

 

[Hardwired]

According to the defense attorney, they took a fixed mag AR, broke the fixed magazine in the process of trying to remove it, replaced it with their own property, and then declared it an assault weapon to support their prosecution of this guy. How is that not misconduct? It's the equivalent of the cops confiscating a semiauto TEC-9, doing a little filing on it, and then presenting it to the court as a machinegun.

Or take off a fixed stock and slap on a hunk o plastic reciprocatious bum stock. Walah, an MG.

 

[amm5061]

isn't this what the aclu is for?

 

[glide]

Sleazy move

Fixed it for you

 

[HorizontalHunter]

I'm surprised they didn't also pursue a charge on a "collapsible" stock using this method.

The PD should be made to replace the property they damaged.

Bob

 

[glide]

Whoever the cops were, just remember they went out of their way to put you in a cage for a very, very long time for doing absolutely nothing wrong.

 

[Uzi2]

This is less of a 2A victory and more like a victory against police misconduct. The police should be sanctioned for deliberately mishandling evidence in order to obtain a conviction.

No, the police should be IMPRISONED for falsifying evidence.

 

[MAJoe]

Guys...it was in Dedham District Court, Dedham was not the PD who made the charge.

Also, I am the manufacturer of JC Arms receivers...I provided testimony refuting the charge. Attorney Couture did an outstanding job. Also, I should mention the legal defense for the defendant was paid BY ME, THE MANUFACTURER of the gun!

No further details can be released about the case right now.

Bravo sir. Bravo.

Was the prosecution arguing using the law, or the Healy edict? From the post, it sounds as if they were using her interpretation of the law? That would make it the first time?

 

[Len-2A Training]

Bravo sir. Bravo.

Was the prosecution arguing using the law, or the Healy edict? From the post, it sounds as if they were using her interpretation of the law? That would make it the first time?

Exactly the question that I have.

 

[E.Stoner]

What a cluster-F. People need to go to jail for this.

 

[mjbff]

It depends on how your parse Andrew Couture's response. Specifically saying "nor wood" seems important considering Dedham district court covers 7 towns from what I understand - Dedham, Dover, Medfield, Needham, Norwood, Wellesley, and Westwood. Saying it the way he did makes me think he's saying it was Norwood. I want to be wrong.

covers all of Norfolk county

 

[Dadstoys]

Its more likely they were showing that the mag wasn’t “fixed”. I would be surprised if their arrest reports didn’t indicate the removed magazine was broken and they used one of their own to demonstrate how it could be removed.

Maybe I missed it but is there something to substantiate police misconduct?

Dave

No different that taking a hacksaw to the barrel and then charging him with an NFA violation.
They physically altered the weapon with what sounds like a considerable effort and most likely tools to make it non compliant.

 

[compleckz]

I think the point of the PD fitting the 30-round mag, was their (INCORRECT AND UNIFORMED) way to try and determine if the firearm would be classified as an "assault weapon".

Ya know, the whole capability to accept an external high-capacity magazine, and the whole interchangeability of parts nonsense.

They may be stupid, but I don't think this counts in any way as fabricating evidence.

Further charges are pending, and I would assume one of those charges is what led to the initial arrest, and the discovery of the firearm in question, upon confiscation for the other charges.

 

[drgrant]

I think the point of the PD fitting the 30-round mag, was their (INCORRECT AND UNIFORMED) way to try and determine if the firearm would be classified as an "assault weapon".

Ya know, the whole capability to accept an external high-capacity magazine, and the whole interchangeability of parts nonsense.

They may be stupid, but I don't think this counts in any way as fabricating evidence.

Further charges are pending, and I would assume one of those charges is what led to the initial arrest, and the discovery of the firearm in question, upon confiscation for the other charges.

If they damaged the gun/mag it's pretty obvious that this was tampering and not a cursory investigation of the firearm.