Tag Archives: Due Process

#BelieveWomen? Charges dropped against cop due to “sophisticated ruse”

This is why we have due process, proggies.

From MyNorthwest: All charges against a former Bellevue (Washington) police officer were dropped Monday when prosecutors stated that he did not commit the crimes he was arrested for, which were part of a “sophisticated ruse” put forth by the accuser.

KIRO Radio’s Hanna Scott reports that the King County Prosecutor’s Office is dropping charges against John Kivlin, and is not pursuing rape charges against another Bellevue cop Richard Newell.

According to court documents the accuser “fabricated evidence and used a sophisticated ruse to deceive Kivlin, law enforcement, prosecutors, and the court in order to have Kivlin taken into custody and charged with additional crimes. The result of the (accuser’s) fabrication was that law enforcement arrested Kivlin for crimes he did not commit, prosecutors filed charges against Kivlin for crimes he did not commit, and the court held Kivlin in custody for order violations which he did not commit.”

Kivlin was arrested in April and accused of assaulting his girlfriend twice. The two reportedly met on Craigslist and began a relationship in 2015. But the woman began making allegations against Kivlin and other Bellevue police officers in 2018. After Kivlin was arrested and released for the assault allegations, he reportedly contacted the woman in violation of a court order in July. He was then charged with witness tampering.

Kivlin was arrested again for contacting the woman in August. But prosecutors say the woman making the allegations was lying this time. After inspecting Kivlin’s phone and billing records, it appears that the woman got Kivlin to text with her using a fake name in August.

Prosecutor’s add that she admitted that rape allegations she previously made in 2009 and 2010 were also false.

Prosecutors said that they are not pursuing previous charges in light of the recent developments and the accuser’s lack of credibility.

The case has also wrapped up Bellevue Police Chief Steve Mylett in allegations. Those allegations are under investigation by the Bothell Police Department and have not been made public. Mylett has been placed on leave. Despite not initially knowing the nature of the allegations, the chief denied them.

The woman who waged allegations against Kivlin and Chief Mylett also accused another Bellevue officer, Richard Newell. No charges were filed against him. He has also resigned from the police department.

DCG

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#BelieveWomen? Pennsylvania girls who falsely accused boy of sexual assault will not be punished, parents of boy sue

From TribLive: The Seneca Valley School District on Monday defended its handling of two sexual assault complaints brought against a male student by five “mean girls” that later reportedly turned out to be false.

The boy’s parents filed a civil lawsuit against the girls and school district in U.S. District Court in Pittsburgh last week.

In a four-paragraph statement released by the Butler County district, school officials defended their actions and said they believe “the lawsuit is without merit.”

“We have followed all applicable laws, and we will vigorously defend ourselves throughout the process,” the district said in response to repeated requests by the Tribune-Review to respond to the lawsuit.

The parents, Michael J. and Alecia Flood of Zelienople, claim their son, only identified as T.F., “was forced to endure multiple court appearances, detention in a juvenile facility, detention at home, the loss of his liberty and other damages until several of the girls reluctantly admitted that their accusations were false last summer.

The boy is being home-schooled due to the bullying he suffered by classmates following the allegations, the lawsuit states.

The lawsuit alleges the boy was further damaged from “gender bias” by school officials and Butler County District Attorney Richard Goldinger’s office, which even after learning the girls’ accusations were false “did not take any action against the females involved,” said attorney Craig Fishman of Pittsburgh, who represents the Floods.

The phrase “Mean Girls,” used in the lawsuit by Fishman, references the 2004 movie of the same name.

The movie details the buds and thorns of the high school experience — deep friendships and happy memories along with painful bullying and gossip that could have a lasting impact.

In the prepared statement released by the district’s media support specialist, Katherine Huttinger, the school district maintained “safety” is its priority.

“The number-one priority of the Seneca Valley School District is the safety and well-being of our students, staff, parents and volunteers who enter our buildings. We have policies and procedures in place to protect individuals, and we communicate to all employees on these policies and work hard every day to provide a safe and caring learning environment for all,” the statement said.

The school district noted it still has not been served with the lawsuit.

“Because this situation involves a lawsuit and ongoing litigation, and also because of federal privacy laws protecting student information, the school district cannot comment further on the details of the lawsuit or the situation,” the statement concluded.

The Floods seek unspecified civil damages against the girls’ parents, the school district and Goldinger’s office.

h/t Twitchy

DCG

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Steven Crowder back on Texas Christian University campus, counseling now available for triggered snowflakes

On October 2 Steven Crowder posted the above video. Crowder went to Texas Christian University (TCU) and set up his “Change My Mind” table. The goal was to have students discuss the myth of rape culture with him and convince him that “rape culture” does exist in this country.

The video is long yet offers a glimpse into the mindset of college students today. Some of my favorite statements from these young skulls of mush:

  • “I’m honestly not talking about empirical data at all, and I don’t think we should look at it. Empirical data is bullsh*t.
  • “I usually believe the woman until proven otherwise.” (Said by a male student who doesn’t believe that’s how our laws should work but we should believe her for the “most part.”)
  • Crowder later accuses said male student of an act and the male student says, “Where’s your evidence? Crowder: “Why does that matter?” Male student: “You have to have evidence.”
  • Later in this exchange Crowder tells male student:“You did say believe the women until otherwise.” The male student says you need to “disprove” the accusation.
  • Crowder explains due process. The male student then says, “I think I might have misspoken.”
  • Crowder has another discussion with a different male student who really doesn’t want to discuss rape culture. He would rather discuss the method of dialogue that Crowder chose.
  • This male student has a hard time “articulating” rape culture because it’s very complicated.
  • Crowder tries to get him to explain the nuances of rape culture and this male student eventually says,“I’m not going to be able to articulate it, I don’t have any facts, I don’t have figures, I don’t have anything.”
  • The male student later says, “My point was, I really didn’t want to talk about rape culture, because I’m not prepared, I don’t know what to say about it. I don’t know how to articulate that I think it’s an issue. I don’t even know how to tell you I came to think it’s an issue. It’s just something I learned along the way.

Keep in mind that these students voluntarily sat down with Crowder for a conversation. They made that choice.

Yet because of Crowder’s mere presence, the kids now might require counseling. TCU tweeted the following:

  • “Today, Steven Crowder chose to challenge our students on a public sidewalk in front of the university. While the Constitution gives him the right to express his views, the sentiments he expressed do not align with TCU’s values.”
  • His views adversely affected many members of our campus community. The health and safety of the Horned Frog Family is of utmost importance and we encourage individuals to contact campus resources for support. https://counseling.tcu.edu  https://titleix.tcu.edu/  https://campuslife.tcu.edu

Oh you precious snowflakes. It’s pathetic that TCU thinks students need counseling services over someone setting up a table asking for a discussion.

Think about this: These kids now might need counseling because they heard an opinion that’s different from theirs.

After watching this video, I think many can agree that the government indoctrination system has been a success.

DCG

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People are using an app to report sexual assault anonymously

JDoe app

What could possibly go wrong?

Seems to me that due process is becoming a thing of the past in this #MeToo era.

From NY Post: In the wake of #MeToo, more than 1,000 people have downloaded an app aimed at rooting out repeat sex offenders by allowing victims and witnesses to report the crimes anonymously and join forces against the sickos.

Called JDoe, the free app launched on the Apple and Android app store in April. It works by prompting users to report when and where an incident took place, along with the name of the perpetrator and any details of the crime.

The information is then stored in an encrypted database. Users cannot see the names of other victims or of perpetrators, but the app’s algorithm scans for patterns. If a repeat offender turns up, accusers receive separate notifications along with information on pursuing joint legal action through JDoe’s network of attorneys, if they desire.

There’s no need to wait for other victims to surface, however. JDoe also provides a way for users to anonymously report individual incidents to police or legal services providers.

In either scenario, the accused are not notified through the app that they have been reported.

Company founder and CEO Ryan Soscia, 24, says he began developing JDoe in 2015, shortly after learning that a group of teammates and friends had been assaulted by the same trainer.

“What we [at JDoe] really try to focus on is enabling people to pursue justice together,” Soscia tells The Post. “We’re trying to democratize legal services.”

He describes the app’s identity encryption as something “Edward Snowden would approve of.”

As the app’s user base grows, Soscia plans to develop a map feature that visually displays incident reports. His team is also working on a feature that will alert users if they enter an area with multiple incident reports.

In addition, Soscia plans to grow the app’s survivor-support services such as referrals for mental health care providers. “We’re looking to provide almost a Yelp-like service,” he says.

“There’s power in realizing you’re not alone,” he says. “And that could be powerful throughput for the justice system.”

DCG

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Mr. Paul Goes to Washington – Watch Live

mr-smith-goes-to-washington-1
Remember Jimmy Stewart in the Frank Capra classic movie, Mr. Smith Goes to Washington?

Sen. Rand Paul (R-Kentucky) is doing the same thing RIGHT NOW on the Senate floor.

Rand Paul
Sen. Paul is filibustering the POS regime’s appointment of John Brennan as CIA Director because the administration won’t disavow drone killing American citizens on US soil without due process. In fact, the POS’s attorney general Eric Holder three-times refused to answer the question whether it is constitutional for the the United States to use a drone to kill an American citizen on U.S. soil, even if said citizen does not pose an “imminent [national security] threat”.
This is unconstitutional and Sen. Paul said he’s had a enough of unconstitutional actions by this regime and will talk until he can’t do it any more.
Sen. Paul is getting great support from Sens. Mike Lee (R-Utah), John Barrasso (R-Wyoming), and Ted Cruz (R-Texas).
Will any other senators step in when Paul has to quit? Flood your senators’ phone lines with that question.
This is democracy in action, folks!
Sen. Paul and other supporting speakers are also using this occasion to give the American people an excellent crash course on the threats posed to our liberty by the Obama regime’s drones, as well as the fundamentals of the U.S. government as designed by our Founding Fathers — separation of powers into three co-equal branches, the Constitution, the Bill of Rights (especially the Fourth Amendment), and the importance of due process.
Read more in the Washington Times.
Watch Senator Paul live on CSPAN here.
H/t my friend Robert K. Wilcox
~Eowyn

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Indiana Becomes a Police State: Supreme Court Overrules 4th Amendment

Indiana state flag


A man’s castle is no longer his own.
Once upon a time, the Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
The 4th Amendment was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. In 1961, in Mapp v. Ohio, 367 U.S. 643, the Supreme Court of the United States ruled that the 4th Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
Alas, all that is no more.
The Supreme Court of the State of Indiana just ruled that it is unlawful for you to resist an unlawful entry into your home.
Dan Carden reports for NWI.com, “Court: No right to resist illegal cop entry into home,” May 13, 2011:

INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry.

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

The court’s decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment. When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court’s decision is consistent with the idea of preventing violence. “It’s not surprising that they would say there’s no right to beat the hell out of the officer,” Bodensteiner said. “(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer.”

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court’s decision runs afoul of the Fourth Amendment of the U.S. Constitution. “In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally — that is, without the necessity of a warrant, consent or exigent circumstances,” Rucker said. “I disagree.”

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling. But Dickson said, “The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad.”

This is the second major Indiana Supreme Court ruling this week involving police entry into a home. On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.

For the Indiana Supreme Court’s ruling in pdf, click here.

Indiana Supreme Court Justice Steven David


Justice Steven David, who wrote the majority opinion, was a military lawyer and colonel in the US Army.
H/t beloved fellow Will.
~Eowyn
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