https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html

--
Andrew Muzi
<www.yellowjersey.org/>
Open every day since 1 April, 1971

On 10/28/2021 8:59 AM, AMuzi wrote:
> https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html

As a cop friend once told me, "They're not Einsteins, Frank."

--
- Frank Krygowski

On Thursday, October 28, 2021 at 8:20:55 AM UTC-7, Frank Krygowski wrote:
> On 10/28/2021 8:59 AM, AMuzi wrote:
> > https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html
>
> As a cop friend once told me, "They're not Einsteins, Frank."
>
>
> --
> - Frank Krygowski
2 years in custody awaiting trial! Why do criminal defendants like this waive their right to a speedy trial? I never really understood that. Ping J.B.

On Thursday, October 28, 2021 at 8:59:20 AM UTC-7, William Crowell wrote:
> On Thursday, October 28, 2021 at 8:20:55 AM UTC-7, Frank Krygowski wrote:
> > On 10/28/2021 8:59 AM, AMuzi wrote:
> > > https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html
> >
> > As a cop friend once told me, "They're not Einsteins, Frank."
> >
> >
> > --
> > - Frank Krygowski
> 2 years in custody awaiting trial! Why do criminal defendants like this waive their right to a speedy trial? I never really understood that. Ping J.B.
I "sort of" knew a local guy who failed to follow Tom Arnold's injunction in the movie "True Lies", wherein Schwartzenegger's pal said: "Can't live with 'em; can't kill 'em." He thought if he waived his speedy trial right, the DA would eventually soften up and reduce his charges from first-degree murder to voluntary manslaughter. It didn't work out that way, however: the DA simply used the additional time during his pre-trial confinement (2 years) to more carefully prepare the case, and steadfastly refused to bargain down from the first-degree murder charge. And the more times the defendant appeared in court for status conferences, the more adamant the DA got. The defendant finally had to plead to the first-degree murder information, and was able to avoid the death penalty (he got life), which he probably could have done at the outset and saved himself a lot of trouble. OTOH, if you're going to be in custody anyway, I guess it doesn't matter too much which jail you're serving your time in.

On 10/28/2021 10:59 AM, William Crowell wrote:
> On Thursday, October 28, 2021 at 8:20:55 AM UTC-7, Frank Krygowski wrote:
>> On 10/28/2021 8:59 AM, AMuzi wrote:
>>> https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html
>>
>> As a cop friend once told me, "They're not Einsteins, Frank."
>>
>>
>> --
>> - Frank Krygowski
> 2 years in custody awaiting trial! Why do criminal defendants like this waive their right to a speedy trial? I never really understood that. Ping J.B.
>

There is no right to a speedy trial. That was back when we
observed our Constitution, ended long ago.

typically:
https://www.pbs.org/newshour/nation/new-yorker-profiled-kaleif-browder-kills-3-years-awaiting-trial-rikers-island

currently:
https://www.newswars.com/judge-holds-dc-jail-officials-in-contempt-of-court-over-alleged-failure-to-medically-treat-january-6-defendant/

The 'get out of jail free no cash bond' rule only applies to
muggers, rapists, shooters, car hijackers and only in
certain jurisdictions.

--
Andrew Muzi
<www.yellowjersey.org/>
Open every day since 1 April, 1971

On Thursday, October 28, 2021 at 9:58:52 AM UTC-7, AMuzi wrote:
> On 10/28/2021 10:59 AM, William Crowell wrote:
> > On Thursday, October 28, 2021 at 8:20:55 AM UTC-7, Frank Krygowski wrote:
> >> On 10/28/2021 8:59 AM, AMuzi wrote:
> >>> https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html
> >>
> >> As a cop friend once told me, "They're not Einsteins, Frank."
> >>
> >>
> >> --
> >> - Frank Krygowski
> > 2 years in custody awaiting trial! Why do criminal defendants like this waive their right to a speedy trial? I never really understood that. Ping J.B.
> >
> There is no right to a speedy trial. That was back when we
> observed our Constitution, ended long ago.
>
> typically:
> https://www.pbs.org/newshour/nation/new-yorker-profiled-kaleif-browder-kills-3-years-awaiting-trial-rikers-island
>
> currently:
> https://www.newswars.com/judge-holds-dc-jail-officials-in-contempt-of-court-over-alleged-failure-to-medically-treat-january-6-defendant/
>
> The 'get out of jail free no cash bond' rule only applies to
> muggers, rapists, shooters, car hijackers and only in
> certain jurisdictions.
> --
> Andrew Muzi
> <www.yellowjersey.org/>
> Open every day since 1 April, 1971
Ha, ha, Andrew, I know you are just joking. All you have to do in order to assert your speedy trial right on a felony is to refuse to waive time at your arraignment. If you don't believe me, ask J.B. As to WHY defendants almost always agree to waive time, I don't know because I did civil practice, and am no expert on criminal. I guess there must be reasons for it, since the public defender almost always talks the defendant into it.

On Thursday, October 28, 2021 at 9:58:52 AM UTC-7, AMuzi wrote:
> On 10/28/2021 10:59 AM, William Crowell wrote:
> > On Thursday, October 28, 2021 at 8:20:55 AM UTC-7, Frank Krygowski wrote:
> >> On 10/28/2021 8:59 AM, AMuzi wrote:
> >>> https://cwbchicago.com/2021/10/bicyclist-who-threatened-to-shoot-man-who-blocked-his-path-in-boystown-pleads-guilty.html
> >>
> >> As a cop friend once told me, "They're not Einsteins, Frank."
> >>
> >>
> >> --
> >> - Frank Krygowski
> > 2 years in custody awaiting trial! Why do criminal defendants like this waive their right to a speedy trial? I never really understood that. Ping J.B.
> >
> There is no right to a speedy trial. That was back when we
> observed our Constitution, ended long ago.
>
> typically:
> https://www.pbs.org/newshour/nation/new-yorker-profiled-kaleif-browder-kills-3-years-awaiting-trial-rikers-island
>
> currently:
> https://www.newswars.com/judge-holds-dc-jail-officials-in-contempt-of-court-over-alleged-failure-to-medically-treat-january-6-defendant/
>
> The 'get out of jail free no cash bond' rule only applies to
> muggers, rapists, shooters, car hijackers and only in
> certain jurisdictions.

That PBS article has a bizarre ending: "But Browder never got his day in court. The man who had accused him of stealing a backpack years before had returned to Mexico, and refused to come back to testify. Without a complainant, there was no case. And without a case, there would be no lawful declaration of Browder’s innocence."

There is never a "lawful declaration of innocence." A verdict of "not guilty" simply means the state failed to meet its burden of proof of guilt beyond a reasonable doubt. A jury does not return an "innocent" verdict. A lot of non-innocent people win at criminal trials because the prosecution goes south, and some actually innocent people are found guilty because the defense goes south.

NY has a peculiar speedy trial rule that resulted in Browder being held for three years, and there is never enough detail in these articles to know how or if it was gamed by the DA, and I'm not going to the effort to find out, because that smells like work. I do know the family settled a civil suite for $3.5M, so there was something amiss -- probably. The rule was reformed after the Browder suicide. I don't think Browder waived speedy trial, but like William says, defendants do that sometimes because they're not ready. I don't do criminal either, but I've sat through a lot of this stuff.

-- Jay Beattie.

On 10/28/2021 12:24 PM, William Crowell wrote:
> OTOH, if you're going to be in custody anyway, I guess it doesn't matter too much which jail you're serving your time in.
>

I wonder. Among certain segments of the population, there may be
connoisseurs of jails just as with anything else!

--
- Frank Krygowski

On 10/28/2021 3:53 PM, Frank Krygowski wrote:
> On 10/28/2021 12:24 PM, William Crowell wrote:
>> OTOH, if you're going to be in custody anyway, I guess it
>> doesn't matter too much which jail you're serving your
>> time in.
>>
>
> I wonder. Among certain segments of the population, there
> may be connoisseurs of jails just as with anything else!
>

There's extreme variety among jails and between jails and
prisons as groups.

One of the most extreme divisions is between CA State
facilities and their now misnamed 'Death Row' (executions
being no longer trendy). Men plead _up_ and commit serious
crimes after incarceration in hopes of securing a death
sentence which has no real risk of execution but the DR
facilities, health care, activities and amenities are very
much better than those for mere lifers or long-termers.

--
Andrew Muzi
<www.yellowjersey.org/>
Open every day since 1 April, 1971