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udontknowme

Fulton, KY

#305 Jan 8, 2012
You are just mad because the truth hurts.
newsflash

Winchester, KY

#306 Jan 8, 2012
udontknowme wrote:
You are just mad because the truth hurts.
Your post makes no sense at all. Who are you replying to? What truth? The fact that the Lambert's took a payday for their daughter's death instead of trying to properly prosecute the criminal case or the truth that the Barger girl is now immune from prosecution?
cheri

Prestonsburg, KY

#307 Jan 8, 2012
newsflash wrote:
This case is ineligible for prosecution as an adult. If Ms. Barger were charged now then the case would be thrown out quicker than you could blink your eyes. It doensn't matter who you complain to or what rally you have. The fact of the matter is Barger was a juvenile when the accident occured. Any case against a juvenile must originate in juvenile court and a transfer hearing is what must occur before a child can be prosecuted as an adult. Class C and D felonies committed by juveniles are not subject to transfer, so the crimes of reckless homocide and manslaughter 2nd degree are out. To prosecute she would have to be charged with Murder in juvenile court and transferred to circuit court before a grand jury could review the case. There has never been a conviction or even an indictment in the state of kentucky for murder when excessive speed is a factor. If there was an indictment then it would be dismissed for speedy trial reasons and preindictment delay. In other wordes there is no justification for the delay in prosecution. So spout off all you want, rally all you want, or whatever. The fact of the matter is she is immune from prosecution. My bet is the County Attorney and the commonwealth attorney know this and do not want to subject themselves to the biggest lawsuit in bell county history for malicious prosecution. Her father has contacted the bulldog attorney from Richmond who got her out of all this mess to file a lawsuit against topix in united states federal court,london division, to disclose the ISP numbers and then sue the individuals who have made the nasty posts for intention infliction of emotional distress. The suit will be brought in federal court because it must be since topix is an out of state corporation based in Palo alto, California. Think I am kidding then keep posting the intentional derogatory comments. It is a lot harder to explain the comments when your real name is attached to the comment. Wait and see.
How does freedom of speech play into all this?
newsflash

Winchester, KY

#308 Jan 8, 2012
cheri wrote:
<quoted text>
How does freedom of speech play into all this?
Contrary to poopular belief all speech is not free. For example: you can't yell "fire" in a crowded movie theatre or you can't make a false bomb threat. By the same token, you cannot knowingly make false statements with the intent of intentionally causing someone extreme emotional distress nor can you slander or defame their character. Some of the speech in this thread is protected because it is true. Some of it is patently false and posted with the intention of defaming the Barger family and the Barger girl. That is not protected 1st amendment speech. It is actionable by a civil suit.

Second, the Lambert family and friends cannot have their cake and eat it too. Her little sister is pleading for the posting to stop. Her Father started the entire thread. I know that she has no control over him. So post away, but if your comments are libel, slander or defamatory or done with sole intention of causing extreme emotional distress then you can be sued if your identity is discovered. You can chose to believe me or not. I don't really care because I am not emotionally invested in this case. I am on the inside and I do know this. If a federal suit is filed and topix is forced to disclose the identities of the posters, then there are many who will be crapping in their pants. Do you think the average poster has the money to defend a lawsuit in federal court? The Barger's have enough money to pay Brookes criminal defense attorney to file one. Do what you need to do and believe what you want to believe but brush up on your first amendment law.
cheri

Prestonsburg, KY

#309 Jan 8, 2012
Well said. I think ur post will help a lot of people or should at least wake them up. Show kindness everyone.

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