Comm2A to Support Lowell Gun Collector

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This case is garbage. And it will set a precedent if it goes to trial. And it won't be favorable to those in the DA's office.

What are the odds of the charges just being dropped? I would think they are better than average.
 

mlaboss

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So if this case somehow magically gets resolved quickly and without much cost, what happens to the extra money? I suggest you buy the most expensive car you can and everyone who donated gets to put some "speed holes" in it. [smile]
 

jar

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So if this case somehow magically gets resolved quickly and without much cost, what happens to the extra money? I suggest you buy the most expensive car you can and everyone who donated gets to put some "speed holes" in it. [smile]
I'm rooting for a civil rights complaint against the Lowell PD and the DA. If that's imprudent for some reason, I have no problem with my donation going in to Comm2A's general fund.
 

yanici

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Be nice to counter-sue, end up with lawyers paid, plaintiff paid and LTC reinstated and with jingle left over in Comm2A's bank account. That's a win-win-win.
 

Friday

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Donation sent.

Regardless if Stan's case eventually gets dismissed or not, I'm sure Comm2A can put the money to good use.

My Dad and his GF are up from FL. They just keep scratching their heads at the unbelievable number, and unbelieveably stupid laws there are in MA.

Since I'm not in position to move, might as well help the fight for now.
 

Len-2A Training

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This case is garbage. And it will set a precedent if it goes to trial. And it won't be favorable to those in the DA's office.

What are the odds of the charges just being dropped? I would think they are better than average.
I'd guess that they will not drop the charges and will go full tilt unless the judge kills it for them.

If they drop the charges, they leave themselves wide open to a civil rights case for malicious prosecution.

Also if Stan were to announce that he is going to sue them, that will set this case in concrete and there is no backing down (see above). The smart defendant keeps his cards close to the chest until the criminal case is totally resolved. If you doubt me, ask Don Shwarz how it worked out for him! [rolleyes] He announced his intentions and they went to the mat against him. I think it was ~1 year in and out of court fighting the criminal charges . . . even the DA wanted them dropped but the PD said NFW and proceeded. I know that Don did file a civil case but I doubt that he ever won anything.
 

Mattyweb

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Just donated. Go get 'em guys.
And thank you.

It frustrates me to no end that LPD et. al. will have Stan's own tax dollars behind them and against him.

Could someone familiar with the case expand on the charge of 'illegal manufacture of explosives'? What are they claiming he did wrong?
 
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terraformer

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Just donated. Go get 'em guys.
And thank you.

It frustrates me to no end that LPD et. al. will have Stan's own tax dollars behind them and against him.

Could someone familiar with the case expand on the charge of 'illegal manufacture of explosives'? What are they claiming he did wrong?
They accuse him of having more than the prescribed limit of powder, etc.
 

terraformer

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But the authority is to the FD and not the PD on this. [thinking]
Yes, 148 § 15 isn't the right statute IIRC. The one he is charged with is a 2.5 year rights robbing statute. I don't have the specific statute on hand at the moment.
 

drgrant

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Yes, 148 § 15 isn't the right statute IIRC. The one he is charged with is a 2.5 year rights robbing statute. I don't have the specific statute on hand at the moment.
Are they trying to fluff up a bogus charge based on that new "bomb components bill" that just past?

-Mike
 

center442

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Just bumping this thread to keep people aware of it. Once it moves off the first page some folks might miss it.

(Mods, if you prefer I didn't do this, please let me know.)
 

JFR2

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Pardon me if this was mentioned in the last 120'ish posts that I just skimmed over.... So, what kind of car are we going to shoot to raise money for this case?!?!?!?!

-JR
 

atmay

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In for $25 this week, we'll see what the next paycheck brings.

I'll also bring this up at my R&G's meeting this Monday, if I'm not working.
 
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For those of you wondering what the requirements are for a malicious prosecution suit in MA:
1 Massachusetts Proof of Cases Civil § 23:2 (3d ed.)
Massachusetts Proof of Cases
Database updated September 2010

Marc G. Perlin, Davalene Cooper

Civil
Chapter 23. Malicious Prosecution
§ 23:2. Elements of action for malicious prosecution, generally

Actions for malicious prosecution differ from most other civil actions in that the wrong relied on by the plaintiff as the basis of the cause of action is the improper institution of a prior proceeding against the plaintiff by the defendant. While an action for malicious prosecution lies where there has been an improper institution of a prior civil proceeding, the action is perhaps more frequently used where the wrong relied on is the improper institution of a prior criminal prosecution.

To sustain an action for malicious prosecution where the improper institution of a criminal proceeding is relied on, the burden is on the plaintiff to prove that (1) the defendant instituted a prosecution against the plaintiff, that (2) it has ended in the plaintiff's favor, that (3) the prosecution was instituted without reasonable and probable cause, and that (4) the prosecution was instituted maliciously.
As I read more and more on this, I realized how complicated a lawsuit for malicious prosection actually is. Each element is very specific and doesn't mean what it seems to mean on it's face. For example, a nolle pros disposition (where the DA elects not to go forward with a case, usually because the case has some inherent defect) doesn't count as a result "in the plaintiff's favor". Plus, keep in mind there has to be a lack of probable cause shown, so if a judge or magistrate has determined there's PC to charge, you'd be SOL unless you can prove that PC was false all along because of a lying cop or ADA.

Tough road to hoe, but I share you want of some releif for this guy.
 
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IANAL, but yes, I suspect there's little grounds for going after damages. The override objective here is to make sure that this creative use of the statute does not become yet another way to for prosecutors to easily make someone a prohibited person.

I'll just remind everyone how easy this is to do with a statute like 131L. Sure, most people would like to think they'd fight a charge like this, but the reality is different. Faced with the option of a no jail time, no fine plea deal most people will take the deal. Fighting a charge like this brings with it the uncertainty of outcome as well as the uncertainty of cost. Most people look at the option of walking away (although without an LTC) versus the prospect of spending maybe $25k or more AND still possibly being convicted, and they'll almost always chose the former.
 
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