Don’t Call the Cops

Monday, November 15th, 2010

Just received this email from the father of Brian Aitken, the guy I wrote about in my column today. He gave me permission to publish it.

Dear Mr. Balko,

Thank you for your article today about my son, Brian.

As a parent, I could almost always clear up a misunderstanding or transgression by one of my children with a phone call to another parent… a coach… or a guidance counsellor.

But who do you call when people within the legal system decide in-private that your child is guilty… and then put on a make-believe show that gives the illusion of a fair trial? It’s been an insane journey.

I must confess that I have never read your magazine before today, but now that I have, I am a new subscriber… it strikes me as a refreshing forum for logic and reason.

Thank you again,

Larry Aitken

Another data point for my theory that libertarianism happens to people.

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21 Responses to “Don’t Call the Cops”

  1. #1 |  Jack | 

    As a father I can imagine little worse than what has happened to Larry and his son.

  2. #2 |  Irving Washington | 

    Obviously not worse than going to jail themselves, but what a nightmare for the parents.

  3. #3 |  Marty | 

    a nightmare for his parents, his kid, his ex (no child support), the taxpayers (we gotta pay how much for this?!!)…

    just horrible.

  4. #4 |  K9kevlar | 

    Fuck Marty! So when he gets out he gets right back in for violating Club 216?

  5. #5 |  GreginOz | 

    Hmmm…guess who ain’t getting a Mothers’ Day present? Way to go, Mum, dob your kid in to the Pigs…I’m not really blaming her actually, she didn’t realise that the legal system in The “Altered” States isn’t just bent or twisted or perverse, it is all that AND the Gummint Thugs get kudos from fucking up as many citizens’ lives as they can. The System ain’t broke, see? It’s just ‘fixed’.

  6. #6 |  Cynical in CA | 

    New Jersey is the single most fucked-up place on Earth.

    New Jersey happens to people too.

    Fuck the fucking shit out of New Jersey.

  7. #7 |  Chris | 

    2 words:
    Jury Nulification

  8. #8 |  Boyd Durkin | 

    Fuck the fucking shit out of New Jersey.

    Looks like I just found my next tattoo.

  9. #9 |  LivingPre911Still | 

    Nothing like withholding evidence… Nice to see this guy has all the time in the world now to fly his kites…!/profile.php?id=576104745

  10. #10 |  Tom Barkwell | 

    I have never been involved in any situation in my life that wasn’t made worse by the arrival of police.

  11. #11 |  Mannie | 

    I would think he would have a good chance of winning both civil and criminal Federal Civil Rights cases against the judge. Excapt that the Obamanation is anti-gun and anti freedom, so there’s no chance of the Injustice Department actually taking up the case.

  12. #12 |  Boyd Durkin | 

    I may be mistaken, but the primary role of the DOJ is to take up cases where the state is threatened and not where citizens are threatened by the state. I’m just going by history.

  13. #13 |  ClubMedSux | 

    Hadn’t had a chance to read the whole article until now. Wow. Holy fucking shit. There’s plenty of blame to go around here, but I would stress once again how our judiciary is failing us. I don’t mean to let overzealous prosecutors off the hook, but it’s the job of judges to keep them in line. In fact, it’s the job of judges to act as a safety valve in many ways. Yet today’s judges have become far more concerned with covering their own asses than meeting out justice, and as a result they have completely abdicated their roles as gatekeepers in both the criminal and civil context. Whether you’re talking trial lawyers or prosecutors, they can only run wild to the extent that judges let them. When it never occurs to ANYBODY in the legal system that seven years in jail is absurd for having an unloaded gun locked away in one’s trunk, well, the system’s fucked.

  14. #14 |  fwb | 

    You don’t feckin call the police. They have not been on the side of justice for decades. And don’t look for justice with prosecutors, they simply want more notches on their gun handle.

    Watch NM for a drop in justice. The people just elected a freakin’ DA to be governor. She has stated as a DA that her job is to MAKE people obey the law.

    I maintain that lawyers cannot serve in the legislature or executive branch UNLESS they resign from the bar. All practicing lawyers are officers of the court. As an officer of the court, the lawyer is a member of the judicial branch of government. Does it not violate the separation of powers for anyone to be a member of two branches of government at the same time?

    Most lawyers attempt to argue against my logic but they always fail and usually end up saying, Well the lawyer could just quit the bar. So I think we all need to push for requirements in each state that forces lawyers to resign from the bar if they get elected to any lawmaking or lawenforcing position.

  15. #15 |  TomMil | 

    I have to agree with Nappen , if the facts are as reported (and Radley has always been reliable in the past), it sounds like Morely invaded the province of the jury by not letting them decide the facts. I’m curious as to how did the contents of the “faulty police report” get into evidence – There had to be a witness (cop) who said, “I heard the defendant say, “_______”. The jury should have been able to test the credibility of that assertion against the other claims and make a call on the facts.
    As a side note -the State must disprove self-defense beyond a reasonable doubt once the defense provides notice that it intends to use the defense – Not the other way around.

  16. #16 |  Dante | 

    #10 Tom said: “I have never been involved in any situation in my life that wasn’t made worse by the arrival of police.”

    When the vast majority of law-abiding, tax-paying, decent, respectful, hard-working citizens reacts to the police with fear and loathing, there is something horribly wrong with the police.

    And not the other way around.

  17. #17 |  Rob | 

    1. NEVER call the police for any reason. It will only make things worse.

    2. NEVER consent to a search by the police, no matter how innocent you think you are.

    3. NEVER talk to the police or any official of the State about anything, no matter how innocuous it may seem to you. They will use it to screw you over.

    The Aitkens have learned these lessons the hard way, but let’s hope others will learn from their misfortune.

  18. #18 |  Joe | 

    “3. NEVER talk to the police or any official of the State about anything, no matter how innocuous it may seem to you. They will use it to screw you over.”

    Yes. No matter what they tell you, NEVER talk to the police without a lawyer present, whether they tell you you are under arrest of not. Even if they say they “just want to talk to you” or “just want to ask you a few questions,” the first and only word out of your mouth should be “Lawyer.”

  19. #19 |  TC | 

    “During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren’t comfortable convicting Aitken. Morley refused to answer them all three times. ”

    If it don’t fit you must acquit!

    The jury should have set set him free. When the farkin judge appears to be obstructing justice, then the jury MUST set the defendant free!

  20. #20 |  TC | 


    I preach the same thing…..

    I’d also expand that moving from one elected office to another requires the resignation from the current office at the time of filing for election to the next level.

    Any elected position NOT requiring a position on the BAR, they resign the bar when they file for election! Yeah and they will bitch about such and such and their ability to go back to work if they fail election,,,,, fuck em…. food for thought for them before making that run!

    Besides they can go retake the bar exam and such. Should not be a problem for an active attorney should it?

    I had not thought of the duplicity of govt branches, but will use such in the future.

  21. #21 |  billy-jay | 

    So, if you’re not an anarchist, why aren’t you?

    Oh yeah, you want the state to provide police and a court system.