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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.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.
I'd guess that they will not drop the charges and will go full tilt unless the judge kills it for them.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.
They accuse him of having more than the prescribed limit of powder, etc.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?
Are they trying to fluff up a bogus charge based on that new "bomb components bill" that just past?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.
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.1 Massachusetts Proof of Cases Civil § 23:2 (3d ed.)
Massachusetts Proof of Cases
Database updated September 2010
Marc G. Perlin, Davalene Cooper
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.