Right to Self-defense ELIMINATED

Right to Self-defense ELIMINATED

Posted in the Brown County Forum

AmericanCitizen

Commiskey, IN

#1 Jun 15, 2012
If the States scenario doesn't fit and the jury voted to acquit....

Indiana has the most explicit self-defense law in the country...bar none, yet it has no significance if a court simply refuses to acknowledge it's existence, which is exactly what has happen in Jennings County, IN in the most egregious manner.

After SEVEN (7) years a second trial is to commence on Monday the 18th in the most asinine and unjust criminal trial in history and this is only possible due a lack of any oversight on our courts and court-appointed defense attorney's who blatantly work for the prosecution and NOT the defendant. You be the judge.
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From August 2005 trial

Trial transcript / Preliminary Instructions

Pg 9.)“…you are to apply the law as you actually find it and you are not to disregard it for any reason.”

Indiana State Law IC 35-41-3-2

"No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary."

Pg 11.)“The State must prove each element of the crime by evidence that firmly convinces each of you and leaves no reasonable doubt.”
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The States case is that he was maybe possibly 10-14 feet away and running without stopping at the window.

This is documented in the court records

Pg 28 Trial Transcript / States’ Opening Statement

“…we’re probably going to estimate probably 10 to 14 feet away from the door, I believe, is where ..."

Pg 870 State’s Closing Argument:

“Billy didn’t stop to look at the window....because he is running away
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States Forensic Expert (Pathologist / Dr. Barbara Weakly-Jones)
Pg 401

Q.) Looking at whatever in a window, but you could get that angle like that, isn’t that true?

A.) Yeah, mm-mm, pretty close

Q.) Well, I mean for instance his feet. He could have been originally facing and then bent over looking in the window. That could create the proper angle.

A.) It's possible, yes.

If the State must prove each element of their case with evidence, how do they explain how their own forensic expert disproves the most important part of their case, the trajectory of the wound while confirming the Defendants account?

So can any one explain what is their case and why won't my own attorney meet with me to explain what it is?

When I read IC 35-41-3-2;

"No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary."

I read it to mean that before a D.A. files murder charges against someone who was being attacked at his own address (by a person they were all quite aware of/ lifetime restraining order but still had a conceal carry permit) he better have some pretty damn convincing tangible, physical evidence to disprove self-defense.

The standard for probable cause increasing greatly...not eliminated

Their scenario does NOT create the "proper angle" as proven by their own EXPERT...if their scenario does NOT create the "proper angle"...what is their case that nullifies IC 35-41-3-2

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