Saturday, February 18, 2012

WalMart FALSE ARREST shoplifting conviction Judge McJimpsey wmt walmart.com Black female age 17 Dorman Center Spartanburg

Please sign https://www.change.org/p/vincent-sheheen-wrongful-shoplifting-arrest-walmart Judge McJimpsey

Erika McJimpsey

Judge
(864) 596-2038
City of Spartanburg
Municipal Court
P.O. Drawer 1749
Spartanburg, S.C. 29304
  The young girl Monday 13 Feb 2012 Case, Walmart Dorman Center Spartanburg, South Carolina; did not attempt to be a "look out " for the other 3 female shop lifters at Wal-Mart. This is what she did through my Thursday night Dream Casting 1. She ( Black Female 17, looks 12) did what any innocent, shocked ( see erratic rat swimming in water maze; No platform - YouTube video) startled person would do; Panicked! The same pattern erratic movements is what a mouse does in a maze when it doesn't know what to do. 2. She fled the group, but kept looking and returning to the group. B) She was Not being a "look out" for many reasons - 1.We the jury could not see her face or view her body language, but 2. Any basic threatening combat ( potentially threatening ) situation a "look out" would not kept a large bag on their shoulder restricting movement and speed. 3. Also, it would have been used to load more stolen items. 4. Several minutes had passed during the commission of this crime. C) under the hand of one hand of all - the officer would have had to 1. prove conspiracy - that the "Lookout" was reasonably going to benefit from the theft - materially or momentarily which did NOT display in the law or even attempt to do verbally, Showing Police malicious, misconduct by misrepresenting the law that we the jury were never allowed to see. 2. Under the instruction of the law the officer implied, He would have to had arrested the other passersby that stopped within a few feet of the 3 female robbers as well, in clear-view of the stuffing of bras. 3. We were instructed to apply the law, but not provided a copy of it. There are 50 different shoplifting laws in each state. D) A time stamp was not on the 3 video recordings. 1. Several minutes passed during the commission of the crime by the other 3 women. 2. It is not reasonable to assume a shocked young girl is going to a) even attempt to prevent her peer group instantly, from stealing. b) flee the store, Walmart, when she was driven their by them -thieves of no. E) the officer, "sees these all the time"; every person he arrests is automatically - guilty. We the jury had you do nothing more than, cause you to punish an person that was protecting themselves in best they could in a threatening situation. The Wrongfully Convicted - DID NOT MAKE ANY ATTEMPT TO FACILITATE THIS CRIME.


Ways to improve chances of a fair trail - 1. Have the suspect stand closer to the jury than the officer. 2. A) Provide Internet access and B) a paper copy of all laws in the jury room under consideration. 3. A timer.
This was a brave young woman and I along with the system felled to protect her. The arresting officer needs to be retrained.
Ineffective Assistance of Counsel - The accused nor us the jury had no counsel.
For the typical criminal defendant who has no access to funds to pay for a private criminal defense attorney, the only source of representation with respect to their criminal charges is a public defender, or a court-appointed attorney. While there are many, many highly experienced, quality court-appointed lawyers, there are also some such attorneys who are inexperienced, underpaid, and overworked by the sheer number of criminal defense clients assigned to them. As a result, there are cases in which a criminal defendant receives ineffective or inadequate legal representation. While some such cases are overturned on appeal on the basis of ineffective assistance of counsel, a far greater number are upheld for a variety of reasons, even where the attorney’s behavior might appear inadequate, at best.
Police and/or Process Misconduct - The Officer misrepresented the 2 laws, we the jury were to apply.
Like all human beings, police officers and prosecuting attorneys sometimes make misjudgments and errors, and even commit misconduct that results in wrongful convictions. Just recently, a federal court of appeals overturned the conviction of a criminal defendant where the prosecutor had excluded all African - Americans from the jury on the basis of their race, despite the fact that the county population from which the jury was chosen was 55% African-American. The court concluded that the prosecutor had engaged in illegal race discrimination in that case. Other wrongful conviction cases have involved police misconduct, such as where a police officer has coerced a criminal defendant into making a false confession, or where a police officer has lied or exaggerated his testimony during a criminal trial.


No comments:

Post a Comment