Man prosecuted for defending himself in MA - Article

[P-14]

Vote them out.... Oh wait.

Write some letters... Oh wait.

Well NH is just like MA.... Oh wait.

Cruelty becomes you, Derek. Thank you, sir, may I have another........

 

[Bob P]

I'm so outraged I'm THIS close to sending someone an email about this!

Go for it. They tend to listen to their supporters.

 

[MJM]

Gotta love how the MA "justice" system assumes that a person with no weapon is somehow not a threat justifying deadly force. It's a load of crap.

This. agreed, "justice" is a misnomer; often times the justice system punishes the moral righttness and the opposite of justice is served. knives and guns kill, hands don't

 

[drgrant]

What gets me is the automatic presumption of guilt. The fact that he stabbed someone is being taken as prima facie evidence of his guilt and now HE has to prove it was self-defense. That's not supposed to be how it works boys and girls.

Yes, it is absurd. Granted, MA law basically endorses the "charge everyone for everything, let the courts and lawyers sort it out" type of BS. How one gets treated depends a lot on the PD and how the local DA responds.

This is absurd even by MA standards, the defender didn't even kill the guy. The DA couldn't even cut him some slack and say "We need further investigation to determine whether or not charges should be applied..." It's not as if this guy is a flight risk.... I doubt he has much of a record, either. (unless there is something the news and DA aren't telling us about the guy. )

Apparently in MA self defense has to be incontrovertible to the nth degree before a DA will even grant you the mere presumption of innocence.

-Mike

 

[drgrant]

I feel that if any inflicts physical injury on someone else, regardless of the circumstances, it should be up to the courts, not the police and not the district attorney.

This folks, is the reason our nation is headed straight into the shi**er. People like this cretin. The only way their minds will ever be changed is if they've dealt with a third world justice system.

-Mike

 

[maee]

I'll be honest, I don't actually understand/believe the situation here. So the other guy goes over to his car, pulls open his door, and starts beating the crap out of him? And he stabbed the attacker and is being prosecuted?

In all honesty, either somebody is making some bullshit up or the DA is smoking dope. I bet there are witnesses that contradict his story of self defense. Yes, this is MA, but if you are savagely attacked, even in MA you have the recognized right to defend yourself.

 

[buketduder]

We have atleast one good thing about Self-Defense in CT Law...

When raised as a defense at a trial, the state has the burden of disproving self defense beyond a reasonable doubt (CGS § 53a-12).

 

[M1911]

pathetic. Time For a new A.G.! maybe a decent Dem would have the stones to run against Martha next time around.

While we certainly do need a new AG, that wouldn't help in this case. The DA is the one who has decided to bring charges, and the DA doesn't report to the AG.

 

[terraformer]

We have atleast one good thing about Self-Defense in CT Law...

When raised as a defense at a trial, the state has the burden of disproving self defense beyond a reasonable doubt (CGS § 53a-12).

As it should be.

While we certainly do need a new AG, that wouldn't help in this case. The DA is the one who has decided to bring charges, and the DA doesn't report to the AG.

Don't discount the cops here. Having had some personal experience with evidence reports I can tell you that they could get an indictment on Mother Teresa if they so desired. Anything and anyone can be twisted into supporting any particular point of view when you have no standards or review of these reports. The statie at the scene made some public comments that made it clear he was disgusted.

 

[TomH]

Vote them out.... Oh wait.

Write some letters... Oh wait.

Well NH is just like MA.... Oh wait.

I am wondering though, is there anything more to this story?

 

[Conservativegirl]

When I watched Fox 25 news yesterday morning even the state trooper interviewed said it was a case of self defense. Hopefully, the defense attorney will use that videotape to help exonerate him.

 

[nothing603]

This folks, is the reason our nation is headed straight into the shi**er. People like this cretin. The only way their minds will ever be changed is if they've dealt with a third world justice system.

-Mike

While I agree with your answer here, there are certainly things that should be held up in court and things that should not. America is strongly based on a corrupting justice system. I feel as though if "who-cares-1940" dealt with a third world justice system they would be even in more favor of ours here.

 

[Lank]

Mass is hopeless. So if the old guy drove off while being beaten, would he be charged with assault with a dangerous weapon (the car)?

Would the right thing to do is wait for the police to show up?

 

[cb1]

Don't discount the cops here. Having had some personal experience with evidence reports I can tell you that they could get an indictment on Mother Teresa if they so desired. Anything and anyone can be twisted into supporting any particular point of view when you have no standards or review of these reports. The statie at the scene made some public comments that made it clear he was disgusted.

Yeah I've seen some police reports that were essentially 180 degrees from what actually happened.

 

[M1911]

Don't discount the cops here. Having had some personal experience with evidence reports I can tell you that they could get an indictment on Mother Teresa if they so desired. Anything and anyone can be twisted into supporting any particular point of view when you have no standards or review of these reports. The statie at the scene made some public comments that made it clear he was disgusted.

Agreed.

 

[Bob P]

Yeah I've seen some police reports that were essentially 180 degrees from what actually happened.

I used to handle auto claims many moons ago. There was a long standing joke that if the accident involved a cop, even off duty, the cop could be drunk, blind and running a red light yet the guy he hit was always in the wrong on the police report.

 

[M1911]

I used to handle auto claims many moons ago. There was a long standing joke that if the accident involved a cop, even off duty, the cop could be drunk, blind and running a red light yet the guy he hit was always in the wrong on the police report.

Several years back the Globe did an investigative article on car accidents involving MA state troopers. They have hundreds of car accidents per year (not surprising, considering the amount of driving they do). In the years that the Globe investigated, not a single state trooper was found responsible for a car accident -- it was always the other driver.

 

[AppleSeeds]

The right thing to do would be to stand there and take the beating/possibly get murdered. That way your death could be used an excuse to pass more ridiculous laws.

 

[MisterHappy]

IIRC, when the ADA was on TV, it was stated that he "had a 3 1/3" folding knife"...presumably, this is to set the stage for a "problem" WRT the Boston ordinance regarding blade length.... If not that, to show how wicked a weapon he was carrying! The Powers that Be have to be harsh with this sort of abberant behavior.

(Remember, this is in a city where a woman was strangled by an escalator grabbing her scarf in a T station, and there was no one with a pocket knife to cut her free.)

Knives are the gateway weapon to Icky Guns (tm).

If a person is so paranoid that they have to carry a huge, 3 1/2 folding knife, where will the madness stop?

The quoted comments above are much closer to "main-stream" thought in the greater Boston area than many on here would like to think, and that many on here from other parts of the country would believe. I generally have a pocket knife, but the majority of the people that I know, members of my club excluded, would never think of it. Self reliance / preparedness for "surprises, etc., is no longer mainstream. After all help is just a cellphone call away, right?

 

[JackDaniels]

Bet those scumbag pigs go home to their families without blinking an eye. I could never be a cop in MA. The "its just my job" BS is NOT an excuse. You are a coward if you accept money and put food on your family's table by stealing it from someone else's who was defending his life. Shame on you.

 

[Blitz1]

God forbid you should be able to defend yourself. Pathetic.

 

[Lank]

Several years back the Globe did an investigative article on car accidents involving MA state troopers. They have hundreds of car accidents per year (not surprising, considering the amount of driving they do). In the years that the Globe investigated, not a single state trooper was found responsible for a car accident -- it was always the other driver.

I accidently (totally my fault) rubbed bumpers parking in a CVS years ago with an off duty MA State Trooper. I nudged him so lightly I wasnt even sure I hit him. In < 0.2 seconds, he flew out of his car with a badge demanding my license. I gave license and reg to him and he called the local cops. 10 mins later the local cop returns with my paperwork and gives me a verbal warning..I guess calling the police for very minor fender benders is a no no, even if you're a cop. I never heard about an insurance claim or anything ever since

 

[terraformer]

So, this is becoming more clear now.
The "victim" (Michael McDevitt) is a personal injury attorney. He is going to be charged with A&B on a person over 60. Mr. Colum Flaherty, the dangerous 3.5 in pocket knife wielding "attacker" was at a significant disadvantage, when his "victim" is an attorney, in dealing with the cops on the scene. I really hope someone gets a clue here.

http://www.thebostonchannel.com/mostpopular/25684605/detail.html
http://www.boston.com/news/local/ma...0/man_who_stabbed_driver_claims_self_defense/

 

[drgrant]

So, this is becoming more clear now.
The "victim" (Michael McDevitt) is a personal injury attorney. He is going to be charged with A&B on a person over 60. Mr. Colum Flaherty, the dangerous 3.5 in pocket knife wielding "attacker" was at a significant disadvantage, when his "victim" is an attorney, in dealing with the cops on the scene. I really hope someone gets a clue here.

So the attacker (the road rager) is an ambulance chaser? That just about says it all right there... talk about stacking the odds in his favor.

-Mike

 

[Jose]

 

[Admin]

So, this is becoming more clear now.
The "victim" (Michael McDevitt) is a personal injury attorney. He is going to be charged with A&B on a person over 60. Mr. Colum Flaherty, the dangerous 3.5 in pocket knife wielding "attacker" was at a significant disadvantage, when his "victim" is an attorney, in dealing with the cops on the scene. I really hope someone gets a clue here.

http://www.thebostonchannel.com/mostpopular/25684605/detail.html
http://www.boston.com/news/local/ma...0/man_who_stabbed_driver_claims_self_defense/

Karma is a bitch.

 

[grew]

This really wants me to start up a charity that essentially raises money and gets great Lawyers to help defend people that get stuck in horrible situations such as this. I am furious at the way this situation has been dealt with.

 

[italianppf2]

It says that he had a heart condition. I hope everything goes in his favor.

 

[Bob P]

So, this is becoming more clear now.
The "victim" (Michael McDevitt) is a personal injury attorney. He is going to be charged with A&B on a person over 60. Mr. Colum Flaherty, the dangerous 3.5 in pocket knife wielding "attacker" was at a significant disadvantage, when his "victim" is an attorney, in dealing with the cops on the scene. I really hope someone gets a clue here.

http://www.thebostonchannel.com/mostpopular/25684605/detail.html
http://www.boston.com/news/local/ma...0/man_who_stabbed_driver_claims_self_defense/

The ambulance chaser claimed Flaherty opened the door - that's likely why they charged him. It's still BS though as it's clear McDevitt was the instigator. My issue with SOME lawyers (I've been accused of painting with a broad brush - can't have that now) is that their huge egos tend to cause them to think the world revolves around them and they act irrationally when they find out it doesn't.

 

[Palladin]

how many lawyers does it take.......