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Old June 19, 2013, 10:36 PM   #151
Dashunde
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I'm thinking they are pressing forward with this to help insulate the school/town from a civil suite - if guilty of some charge related to the event then it takes a little wind out of the civil side down the road.

They should seek a change of venue and a jury trial.

Anyone know what actual "evidence" they have to support the charge? Or is it just the cops word.
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Old June 25, 2013, 03:32 PM   #152
Al Norris
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Ms. Charlo Greene, the WOWK reporter, has emailed me an update to the story. Pay attention to the video attached to the written report.

Prosecution Attempts Gag Order in Jared Marcum NRA T-Shirt Case - WOWK 13 Charleston, Huntington WV News, Weather, Sports

If I didn't have any questions about this story, beforehand, I sure as do now!
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Old June 25, 2013, 05:07 PM   #153
Aguila Blanca
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Just ... WOW!

Quote:
Meanwhile, Jared met with prosecutors who withdrew their petition for a gag order, on the condition that Jared's parent waive the confidentiality that bars the prosecution from speaking freely about his case, due to him being a minor.

Jared, who is now facing the possibility of up to a year in jail, or juvenile confinement and up to a $500 fine for an obstruction charge that police say hinges on the fact that he refused to stop talking when they arrived at Logan Middle School to arrest him on April 18, is expected to be back in court on July 11.

Jared's attorney Ben White says he will continue working to have the charges against Jared thrown out.

The prosecutors and arresting officer refused to answer any of WOWK's questions.
So the persecutor wants to be allowed to speak about the case, but he only wants to speak about what HE wants the public to hear, not about what the public wants to know.

That "something rotten" seems to have relocated from Denmark to West Virginia.
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Old June 25, 2013, 06:36 PM   #154
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This quotation from Jared's father says it well:
"It was for Jared's better interest is what I was told, which seems to be a bit odd to me," Lardieri said. "These are the same individuals that are trying to prosecute him, so as far as them knowing what is in his better interest, I have a lot of questions about that."
Umm.... yeah.
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Old June 25, 2013, 08:55 PM   #155
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Thanks, Al. This just gets curiouser and curiouser. I'd love to find out what the general public out there feels about the real troublemakers in this mess.
I'd be surprised if there were different from mine ... that there are a group of "adults" who are acting like children and they need more than a little "time out" ... they need removal!
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Old June 25, 2013, 08:56 PM   #156
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In many states, juvenile proceedings are confidential. A prosecutor cannot divulge anything unless there is a waiver and, in some states, perhaps not even then (confidentiality non-waivable). That aside, a prosecutor has to be careful about what he or she says about a pending case.

Some courts do not allow video cameras into courtrooms and, even where they do, this does not usually extend to juvenile proceedings. This may be the reason for the arrest threat because the reporter wanted to take a camera to the third floor, presumably where the hearing was being held.

Having said that, attempting to get a gag order in this type of situation involving free speech seems thuggish and stupid. I'm thinking the prosecutor is feeling some public pressure while being squeezed from the other side by the police and school authorities.
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Old June 25, 2013, 09:32 PM   #157
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I just wrote a check to Jared's attorney, and I'll drop it in the mail in the morning.

Hope I have the right Ben White.
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Old June 25, 2013, 09:39 PM   #158
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The prosecutor's, police's and school's problem now is about how they'll all feel getting beaten by a 14 year old kid. They're beyond the point of no return now and feel they just have to win at all costs. The thing is, the more exposure they're creating is just going to make their image worse. I hope the kid's lawyer, the judge and the jury slap the prosecution down a few pegs. It's getting beyond ridiculous.
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Old June 26, 2013, 12:19 AM   #159
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Logan has been known to be corrupt in its officials, and in the back pocket of those at the state house in Charleston who are mostly anti-gun people. There are several in Charleston who want the kid prosecuted for daring to use free speech and push it.
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Old June 26, 2013, 12:36 AM   #160
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KyJim, I'm aware of the restrictions many courts impose (with very good reason) on the press. What needs to be remembered is that in the last video, the reporter was in the court lobby. Not any particular courtroom. Remember also, they were there to file a petition to view the proceedings, but were not even allowed to file. Charlo was threatened with arrest and kicked out by a bailiff.

Did the reporter make a nuisance of herself by videoing some of the players as they went about their business (in a public space)? I suppose you can say she did. You can also say she was just doing good reporting.

Regardless, I think I know why the prosecution wanted the gag order. They dropped the petition (gag order), so that they can get permission (waivers) to tell their own story... That bothers me (see below).

The step-father, Allen Lardieri, is better known as BlackRifleAR15 on YouTube. Among his other videos are these, talking about his son, Jared:

My 14yr old son arrested over a NRA t shirt UDATE 1 - 2 months ago.
Ginny Simone from the NRA NEWS - 1 month ago.
Jared has been CHARGED with obstructing an officer - 1 week ago.
WHY DO THEY WANT TO LOCK UP OUR KIDS? - 1 week ago.
Our interview with Piers Morgan - a few hours ago.

If Jared is an honor student (as expressed in one of the videos), exactly what story does the authorities want us to hear?
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Old June 26, 2013, 09:18 AM   #161
Dashunde
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Quote:
They're beyond the point of no return now and feel they just have to win at all costs. The thing is, the more exposure they're creating is just going to make their image worse. I hope the kid's lawyer, the judge and the jury slap the prosecution down a few pegs. It's getting beyond ridiculous.
I can not imagine why a prosecutor would throw himself so deeply into the mud over what appears to be a simple case of a kid mouthing off, not shutting up, in the presence of the officer who was called to an incident that was clearly caused by a teacher who didnt understand the school policy in the first place.

This kid has already proven four professionals all lack good judgement and should not retain their jobs;
the instigating teacher who misunderstood the policy,
the principal who was slow to resolve the issue without police help,
the cop who could not effectively manage the kid (who was in the right) without arrest,
and the prosecutor who is now the true fool here - the one who had the opportunity to evaluate the entire event at his own pace - is still backing the results of three previous failures.
Absurd is the only word for it...
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Old June 26, 2013, 09:25 AM   #162
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Al Norris, if you could provide a verified address for the legal team, I'm sure more than a few of us would be willing to contribute, a la AB.
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Old June 26, 2013, 02:47 PM   #163
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I never post in this section, so this is all news to me... everything I can find on the subject makes this all sound so wrong...

my boss & I had this discussion when his son was in high school, about how slanted the teaching was, when it came to politics...
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Old June 26, 2013, 02:59 PM   #164
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MLeake, here you go:

Benjamin F. White, Attorney At Law Pllc
170 Court Street, Charleston, WV 25301
304-720-2085 or 1-800-BF WHITE
melissaf@bfwhite.com

I would suggest if you are thinking of donating, for Jared's defense, that you pay for the call. Calls to that 800 number will be added to Jared's defense expenses.
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Old June 27, 2013, 03:39 PM   #165
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Update on WOWK link says the charges have been dropped!
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Old June 27, 2013, 03:57 PM   #166
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Thanks, Al, but now I guess I'll wait to see if there are actually going to be any more legal fees... It would be nice if there were not.
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Old June 27, 2013, 05:52 PM   #167
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Quote:
Update on WOWK link says the charges have been dropped!
Yes, and I would say that after the Judge threw out the reporter, he started getting heat, right along with the prosecutor, who saw their chance of advancing any higher in the court being flushed down the proverbial toilet. I have never heard of anyone being arrested because they were talking, which is in direct violation of the 1st Amendment, thus they would be abridging Jared's right to freedom of speech.

It is truly something deplorable about the way that some authorities and government figures think they can do what they want, and the Constitution doesn't count.
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Old June 27, 2013, 08:27 PM   #168
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I'm glad to hear that. Next step is getting his school record straightened out.
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Old June 28, 2013, 08:04 AM   #169
Dashunde
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I'm curious about the civil suit they may bring... this school and perhaps the cop need a good spanking by way of spending countless hours in miserable depositions.
Aside from defamation of character, what else would it appear they have grounds to sue for?
Wrongful arrest?
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Old June 28, 2013, 01:08 PM   #170
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We don't know what's going on with the school, only that the juvenile charges have been dropped. That does open up the possibility for a common law false arrest suit against the deputy and a suit under federal law for deprivation of civil rights (which allows an award of attorney fees).

Sometimes when charges like this get dismissed by agreement with the prosecutor, it is done with a stipulation of probable cause. The person arrested stipulates the officer had probable cause to arrest. This is done to keep from exposing the officer to civil liability. I personally think this borders on unethical behavior on part of the prosecutor because it is unethical to use a pending or threatened criminal action to gain an advantage in a civil action. We don't know if there was a stipulation in this specific case.
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Old June 28, 2013, 01:49 PM   #171
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There may have been an uproar after the judge ordered the reporter thrown out of the court house. The defense lawyer says there will be a civil suit.

Another link:

http://www.ammoland.com/2013/06/char...#axzz2XXKxae4A
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Old June 28, 2013, 04:56 PM   #172
Dashunde
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Quote:
I personally think this borders on unethical behavior on part of the prosecutor because it is unethical to use a pending or threatened criminal action to gain an advantage in a civil action.
It is a bit of reverse extortion isnt it? "I wont throw you in jail, but you must agree not to sue us later".

This week has been win-win as far as I can tell...
This kid is off the hook,
that goofy Heidi had her blog series shut down
and the Huffington Post hasnt published the rest, so far.
Did I miss anything?

Happy Friday All
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Old June 28, 2013, 07:32 PM   #173
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From the article:
Quote:
With Jared's criminal charges taken care of, Lardieri and White say they plan on moving forward with a civil suit against the Logan County School District.
That seems to substantiate the charges being dropped if they won't sue the cop, meme (stipulating that the officer had probable cause to arrest). As said, it's pretty common in such cases.
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Old June 28, 2013, 10:14 PM   #174
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If it were in my community, I'd be all over the fire/police commission at city hall to FIRE THE COP and DISMISS THE CHIEF!

I'm not anti-cop ... but I'm extremely anti-overbearing, thug cop! This cop was stupid and is not a good example of what I expect from people who work for me!
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Old June 29, 2013, 08:57 AM   #175
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Since I've been to Logan a few times, I doubt they have a great labor pool to hire from for their police force (and I doubt much better for the school). Even though its the county seat, the city of Logan is built on a river valley between two steep mountains, and not very wide. In actuality, you would expect Barney Fife as their deputy. It's not nice to say, but true. Also, there has been a lot of corruption in Logan, from the courts to the police, and is on the news here, all the time, and I live in southern Ohio.
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