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Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

Discussion in 'Anon Sparrow' started by anonsparrow, Dec 6, 2010.

  1. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I agree. In first year crim class my study group and I had B*** of a time trying to grapple with "attempts"... i say it could raise consitutional issues for being too vague (but again, that's CDN Const jargon). I guess attempted assault might be trying to catch a situation where someone tries to punch someone and missess... in a case like that there is sufficent culpability to at least argue for a criminal sanction. But short of that you are so right... freedom of conscience should mean that people should be able to think and even 'intend' to any thing they want... so long as they don't do it!
  2. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    And .. i just read what u had posted earlier. you were bang on. you a lawyer?
  3. willhaven720 Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    <8
  4. BLiP Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Thanks Sparrow. You ever feel like an antipodean Christmas, come on down. We're going to be having a barbeque at the beach for Christmas dinner.
  5. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    The D.C. Superior Court website says that a non-jury trial is scheduled for the criminal charge at 9 A.M. on Feb. 22, 2011.
    https://www.dccourts.gov/pa/pages/CRTVCaseSummary.jsp?case_id=4732323
  6. Sponge Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I expect a non-jury trial would be more speedy but I'm curious to know from a lawyer's point of view that the pros and cons are in a case like this.
    Tikk?
  7. tikk Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Thanks for pointing out that it's a non-jury trial, I should've realized that. In that case, the reasoning in the judge's decision will have to comport with the discussion had here previously on the precise elements of attempted stalking, and perhaps why, after hearing testimony by Belotte regarding how she was actually fearful and apprehensive, the prosecution didn't bring a case for just "stalking," sans attempt. I believe that any conviction under attempted stalking is appealable as a matter of law, given that it's fundamentally impossible, and possibly raises due process concerns (as pointed out by anonpterodactyl, it is effectively a thought crime). Whatever Sparrow did is either stalking or not--"attempted stalking" is not the same as "almost stalking," which it appears is how the prosecution is handling it.

    As for jury vs. non-jury trial, here, I think the fact that Sparrow's defense, at least in part, relies on the fact-finder understanding a extremely fine yet academic matter of law, the understanding of which necessarily constrains one's understanding that attempted stalking may only be accomplished in an extremely limited set of circumstances. It would be difficult for two jurors to wrap their heads around the concept much less twelve. But then, I think that this much is already obvious, given on the type of testimony the prosecution will be relying, so who knows what a judge will do.
  8. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Wouldn't it be more like if someone tried to punch someone in the back of the head but misses and the intended target didn't notice, but later someone told him that he was almost punched in the back of the head?
  9. tikk Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Yeah, that's definitely nearer to the perfect hypothetical. In GA v. Rooks (266 Ga. 528), a man was convicted of attempted stalking for repeatedly telephoning the workplace of his ex-wife, despite only reaching her co-workers. As the concurrence rightly pointed out, the defendant's conduct satisfied the statute for stalking, since he had every reason to believe that the co-workers would communicate with the ex-wife.
  10. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Hopefully that testimony will include Kim/Vicki because no matter how much Moxon coaches them, they will still sound like a Scientologist; you know, like those screaming heaving ex wives club on Anderson Cooper.

    What I wanna know: Will Kim and Vicki get declared for a fail, and if so, will they join in, in a new and improved D.C. Org protesters lineup? lol
  11. amaX Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I know why you protest this cult, Sparrow. There is always this constant hope that what you're doing will wake someone up and also stop someone from making the worst mistake of their life.

    Good luck to you, my friend.

    You know you always have an open invitation to hit the streets of downtown Clearwater.

    <3
  12. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    IN Canada (cannot stress that enough lol) For criminal "assault" i don't think it matters if the would-be victim knew or not in any way ...as long as there was an intentional touching that was non-consensal. Injury is immaterial for basic assault. Hence "attempted assault" there would be an intentional attempted-touching that would have been non-consensual. Whether victim knows or not, or is injured or not is irrelvant. So a swing and a miss satsisfies the elements of the offence regardless of wether the victim was looking or turned the other away: presuming of course, that in either situation he was not consenting to be touched. For aggravated assault, then the severity of the inury and matters of 'causation' start to matter. For tortious assault and battery then injury and mental distress, once established as being "caused" by the defendant's tortious act, get considered at the damage assessment stage. US state law(s) be different

    For attempted stalking, like tiki, i cannot think of any act -to satisfy the AR- that would indicate someone was preparing to stalk or was doing something stalker-like without actually stalking.
  13. tikk Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I had in mind the common law definition of assault (we both share our common law with England) which doesn't require touching even, only the causing of the apprehension of touching. Criminal aw definitions vary widely, some require touching some don't.
  14. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Ahh I see what u r saying. In Canada we have a Federal Criminal Code that explicitly ousts all common law crimes: except for contempt of court. So we only learned the crimes and case law that stem from our statute. (which, yes, is like 4 billion pages long).
  15. andonanon Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    The ironic thing about this is that sparrow got in trouble because he cares about scientologists as human beings. He respects them enough to address them as individuals and call them by name. If he had just been shouting slogans at the building there would be no case.
  16. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Can anyone shed any light on these last two entries for us non-legal types?


    Date Text

    12/16/2010 Motion for Leave to file Reply Memorandum in support of Motion for Preliminary injunction Filed submitted 12/16/2010 17:11 wjw. Attorney: MOXON, Mr. KENDRICK L L (382087) Receipt: 183080 Date: 12/17/2010

    12/16/2010 Motion for Preliminary Injunction Filed submitted 12/16/2010 17:09 wjw. Attorney: MOXON, Mr KENDRICK L L (382087) Receipt: 183075 Date: 12/17/2010
  17. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    from wikipedia:
    A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.

    In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:

    That there is a substantial likelihood of success on the merits of the case,
    That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
    That the balance of harms weighs in favor of the party seeking the preliminary injunction
    That the grant of an injunction would serve the public interest.
    The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.
  18. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    ftfy
  19. anon4eva Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I still cannot believe this bullshit is actually going to trial, D.A is an asshat to waste tax-payers lootz on this, judge and court time and most of all--SPARROW being subjected to this harassment by the judicial system.

    Why would any reputable attorney pursue this? Wonder what MOX has on D.A?--mmm tin foil.....
  20. Bipolart Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I have a good feeling about this. Sparrow will be vindicated.
    If not, I still have that Sparrow-on-a-stick.
  21. subgenius Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Built in motivation to grind any case to its max by all concerned, police, court, corrections, lawyers, prosecution and defense: job security.....its all about the money.....
    and for those who are elected there is the additional motive of playing to the constituency instead of any notion of justice.....
  22. DamOTclese Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    AS will be convicted of stalking, no question. The Jury will observe the videos that the crime syndicate will show them and while there is no evidence of actual stalking and while there is no evidence of any legitimate threat, AS's screaming behavior outside of Scientology business offices will be judged by Jury members to be punishable and they will convict him.

    AS crossed the line long ago, he stopped being an advocate for human rights and for getting people out of the clutches of the criminal cult, and he became a violently, marginally sane sidewalk screamer, not with a message about self-liberation and truth, but an incoherent message of a sidewalk loon.

    For AS, from looking at his own videos, for him it stopped being fun, it became serious, and it stopped being about Scientology customers, it became a challenge to elicit a response.
  23. anon4eva Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Well said--- I am saddened by the obvious intent of preventing Sparrow from protesting regularly. And to have the dirty work or strong arm tactics being predicated by those sworn to serve the county, taxpayers and not to do the bidding of a greedy, dangerous, mind-fucking cult!!!
  24. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    By far the weirdest thing Scientologists in Clearwater did at sparrow's last protest was to tell the police he was screaming.

    I have seen all of sparrow's vids. He has shouted in many of them, but never once have I heard him scream.
  25. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Either you watched completely different videos than I did, or you are mad as a fish. I vote the latter.
  26. anonsparrow Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011


    Wow that's awesome. How much do I owe you for the psycho-therapy? You have taught me so much about myself that I didn't know.

    Reviewing my videos I see how serious I have become. I became what I resisted. And now I'm succumbing to your challenge to elicit a response from me. What a sad state of affairs this has all become.

    <fart>
    • Like Like x 1
  27. adhocrat Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    lol
  28. anon4eva Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    LOL @ FART!

    Good luck Sparrow-don't let it (or THAT comment)-bother you. You are bound to beat that bullshit.
  29. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I miss you, I hope you are well considering the circumstances
  30. tippytoe Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    2d8g7rbjpg.gif
  31. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Okay, cool. Thanks, Damn. I disavow myself of this iNsANe FUcKiNG CriMiNAL aNoNsPaRrOw.

    May he rot in jail for SCREAMING about injustices.
  32. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    Everyone likes anonsparrow.
  33. Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    I seriously would like to pee on you now

    • Like Like x 1
  34. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    AnonSparrow will probably get nailed for inciting people to riot and violently hang bankers from street poles. Whaddya think, DamOTcles? amidoinitrite?
  35. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    not a fan.
  36. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011


    yep. and yep.
    said something about that thousands of years ago.
  37. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    lrn2freedomofspeech
    kthx
    btw, there's no jury rtard
  38. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    If you're not a fan then are you an air conditioner?
  39. Anonymous Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    You sir, obviously have missed the point entirely. Which begs the question, wef are you doing here?
  40. bAnon Member

    Re: Anon Sparrow - Criminal Trial Scheduled to begin Feb. 22 2011

    runoutofcake-550x302.jpg

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