• Airfried@piefed.social
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    22 days ago

    My god they’re going to imprison the poor guy forever without a trial, won’t they?

    • AngryRedHerring@lemmy.world
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      21 days ago

      The feds didn’t get him on murder. My first thought when I saw this is that he has very clever defense attorneys that at least managed to frustrate the state prosecutors by having him plead to a federal non-murder charge that could shut down the State murder case through double jeopardy.

      I can’t remember any other time in my life that I’ve been hoping somebody would get off on a technicality

    • Hueristic_Autistic@lemmy.world
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      22 days ago

      As a conspiracy theorist: The bigger question is, I wonder what they’re distracting us from this week? They’re gonna hold him to use his presence as a distraction when they need one. Other than that, he is a suspected murderer and they’ll use that as the official reason for holding him but we all know, deep down inside, he’s now a tool to be used to distract us.

      So we should all be asking the questions: Who are we invading this week? Where’s the next biggest arsenal shipment heading? Who’s going to be teaming up with Israel this week? Is Germany teaming up with Israel the will of the US or is it defeatism?

      What is going on that they just plopped him into the news?

    • chuckleslord@lemmy.world
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      22 days ago

      The trial in the state can’t move forward until double jeopardy is determined to apply or not. Did you think they just suspended the trial cause evil? Cause I’m not following your statement otherwise

        • chuckleslord@lemmy.world
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          22 days ago

          It’s suspended because there’s no point in holding a trial if it’s going to be overturned on double jeopardy. It’s indefinite since there’s no point in scheduling a follow-up until the question of it being double jeopardy is answered.

          Like, guys, stop attributing motivations to what is arguably the only way forward.

          • ayyy@sh.itjust.works
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            22 days ago

            Only way forward? They didn’t have to file the double jeopardy cases in the first place. They chose to, in order to be evil and harass and torture him with the legal system to the maximum extent possible.

            • Simon_Shitewood@lemmy.ml
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              22 days ago

              His lawyers filed double jeopardy. Unless the prosecution can provide a reason it’s not, they have to drop the case.

              • ayyy@sh.itjust.works
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                22 days ago

                I’m saying they didn’t have to file those double charges in the first place. They chose to, knowing exactly how many problems it would cause for him. On purpose. As a torture method.

                • jj4211@lemmy.world
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                  22 days ago

                  Actually, it’s arguably a huge prosecution mistake in Magione’s favor.

                  The federal charges were restrained by the circumstances of the event. They couldn’t do first or second degree federal homicide, because it didn’t meet any of the criteria of those crimes. Of course life without parole is a possibility, but there’s high chance that a lesser sentence results.

                  Knowing the way the state law works, the DOJ probably should have just let the state case play out, where they could have at least gone for second degree murder, with a significant mandatory minimum sentence if convicted.

                • Simon_Shitewood@lemmy.ml
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                  22 days ago

                  Ok, well, unfortunately Luigi’s lawyers can’t travel back in time to prevent him being prosecuted, so filing for double jeopardy is the only way forward for them.

        • jj4211@lemmy.world
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          22 days ago

          While normally that could be the case, but in this case he isn’t getting released either way.

          The trial moving forward would be the worse scenario for the defendant. The state charges are worse than the federal charges. The later or never the state case gets tried, the better for him.

            • jj4211@lemmy.world
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              21 days ago

              It is totally reasonable to criticize length of detention while denying the right to a reasonable trial in general.

              However this just happens to not be applicable in this specific situation. The guy entered a guilty plea and so will not be released anyway, and he himself requested the case be dismissed causing the delay. If he went along with it, he could have had a trial sooner but wants the delay in hopes of having it dismissed. Which is totally sensible and he has literally nothing to gain by having the trial sooner given that he is almost certainly due for years of imprisonment under his guilty federal plea.

      • Funkt4st1c@lemmy.world
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        22 days ago

        Yes. Yes that is evil.

        Make a decision or release him. It’s literally that easy (im aware courts take longer to do everything but suspending indefinitely is kind of insane)

        • chuckleslord@lemmy.world
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          22 days ago

          “Release him”? Dude, he’s in jail pending sentencing for his federal case. There is no releasing at this point. This isn’t anyone twisting a knife, it’s just not scheduling a new court date until the double jeopardy question is resolved. Y’all need to chill and put your heads on before you react to things.