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FACT: OJ Aquitted FACT: The prosecutor wasted millions of dollars when any fool knew that due to many reasons that I will not post on here, he would be aquitted. Maybe you think that that is good value for the taxpayer but I don't. I hate to bust your bubble Alice but every day all across this country there are criminals that are not prosecuted because the case cannot be won, not because they are not guilty.
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Is this a suggestion that the state should not have pursued charges against Simpson?
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Getting back to the OP. Did you ever consider the fact that the prosecutor did not wish to pursue the store owner because he felt that the jury would be sympathetic to him?
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Commonwealh's Attorney Ferguson is quoted in the article as having said the following:
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“Mr. Durden was confronted with a very dangerous situation created by Roop and was legally justified in using deadly force as he genuinely believed that Roop had a firearm and that his own life was in danger,” Ferguson wrote.
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“The physical and forensic evidence support Mr. Durden's account of the incident.”
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And...
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“In addition, from a practical standpoint, I am convinced that a Suffolk jury would not convict Mr. Durden of criminal misconduct under the facts of this case.”
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Is not the phrase "under the facts of the case" rather important here? Is there any indication that Mr. Durden was guilty of criminal misconduct? Risky and probably unwise behavior, no doubt, but criminal misconduct?
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...the general public is not aware of all aspects of these cases...
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That's largely true here, also.
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...so it becomes a woulda, coulda, shoulda excercise in futility.
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That depends, I think, on the objective of the discussion. The OP suggested that the decision could aid in decisions whether to shoot. But the Commonwealth's Attorney's decision offered nothing on what a man
should have done, and what
could happen is always a key part of decision making. For those reasons, I don't thing the
decision helps in any other situation. However, the few reported facts do indicate to me that Durden's actions that morning were not the wisest available to him.