<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Five Years Without a Trial</title>
	<atom:link href="http://www.theagitator.com/2012/06/01/five-years-without-a-trial/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
	<lastBuildDate>Mon, 22 Apr 2013 00:06:48 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.5.1</generator>
	<item>
		<title>By: KPRyan</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3340346</link>
		<dc:creator>KPRyan</dc:creator>
		<pubDate>Tue, 05 Jun 2012 05:46:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3340346</guid>
		<description><![CDATA[Yep.

Eckerle is just afraid now that she&#039;s going to look like an inept boob for PRESIDING OVER THIS MAN&#039;S 5 YEAR PRISON SENTENCE when he hasn&#039;t been convicted of even pissing on her front porch.

Now, after all this time, she finally says he can be released on his own recognizance... but she&#039;s still demanding he DEFEND HIMSELF AGAINST MURDER CHARGES brought by the same inept DA&#039;s office that has been spending the last 5 years spinning the propellers on their proverbial beanies.]]></description>
		<content:encoded><![CDATA[<p>Yep.</p>
<p>Eckerle is just afraid now that she&#8217;s going to look like an inept boob for PRESIDING OVER THIS MAN&#8217;S 5 YEAR PRISON SENTENCE when he hasn&#8217;t been convicted of even pissing on her front porch.</p>
<p>Now, after all this time, she finally says he can be released on his own recognizance&#8230; but she&#8217;s still demanding he DEFEND HIMSELF AGAINST MURDER CHARGES brought by the same inept DA&#8217;s office that has been spending the last 5 years spinning the propellers on their proverbial beanies.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Andrew Roth</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3333695</link>
		<dc:creator>Andrew Roth</dc:creator>
		<pubDate>Mon, 04 Jun 2012 01:26:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3333695</guid>
		<description><![CDATA[I didn&#039;t find any mention in the linked article, but I assume this case was handled by the Louisville Metropolitan Police Department. 

The reason that I mention this is that Louisville Metro is one of the agencies whose homicide detectives are regularly shadowed by television crews from A&amp;E for its documentary series &quot;The First 48.&quot; This makes me wonder how much incompetence and misconduct A&amp;E or its employees are aware of at police agencies whose detectives they film. I fear that it may be a lot. 

As far as I&#039;m concerned, media outlets should be held to the highest journalistic standards in cases like this. They should be given no blessing to trade fear and favor for access. Obviously, this is an all-too-common journalistic practice, one often kept secret from the audience. It is unethical and contemptible, and audiences should not tolerate it. I&#039;m probably expecting too much from audiences. 

Maybe I&#039;m also expecting too much from a broadcaster that subsists on documentaries showing hardened prisoners abusing and threatening juvenile delinquents in ways that would get any of us mere civilians arrested if we followed suit.]]></description>
		<content:encoded><![CDATA[<p>I didn&#8217;t find any mention in the linked article, but I assume this case was handled by the Louisville Metropolitan Police Department. </p>
<p>The reason that I mention this is that Louisville Metro is one of the agencies whose homicide detectives are regularly shadowed by television crews from A&amp;E for its documentary series &#8220;The First 48.&#8221; This makes me wonder how much incompetence and misconduct A&amp;E or its employees are aware of at police agencies whose detectives they film. I fear that it may be a lot. </p>
<p>As far as I&#8217;m concerned, media outlets should be held to the highest journalistic standards in cases like this. They should be given no blessing to trade fear and favor for access. Obviously, this is an all-too-common journalistic practice, one often kept secret from the audience. It is unethical and contemptible, and audiences should not tolerate it. I&#8217;m probably expecting too much from audiences. </p>
<p>Maybe I&#8217;m also expecting too much from a broadcaster that subsists on documentaries showing hardened prisoners abusing and threatening juvenile delinquents in ways that would get any of us mere civilians arrested if we followed suit.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Andrew Roth</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3333656</link>
		<dc:creator>Andrew Roth</dc:creator>
		<pubDate>Mon, 04 Jun 2012 01:06:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3333656</guid>
		<description><![CDATA[Re: #6 and #14: As far as I know, judges are compelled to count time served towards any sentence as a matter of federal judicial precedent and constitutional law. Any lawyers on the thread should correct me if I&#039;m wrong, but imposing a sentence resulting in a longer term than the maximum permitted by statute, including time already served in pretrial detention, would violate the prohibition on ex post facto punishment. The only federal ex post facto exception that I&#039;m aware of involves sex offender registries, and the current precedent in that case is a travesty in my opinion. 

The duration of pretrial detention becomes most relevant at the extremes. In misdemeanor cases, such as the inexcusably mishandled DUI case in Dona Ana County, NM, lengthy pretrial detention can result in a period of confinement longer than the maximum permitted by law. At the other extreme, it is a moot point legally when a sentence of death or life without parole is handed down after conviction. 

I have often pondered whether I would want to be released prior to trial if I were indicted and believed that I was likely to be convicted and given a lengthy prison sentence. My usual inclination has been to stay in jail and get as much of it over with as soon as possible. This is kind of like pondering whether one would rather be hanged or shot, but I imagine it&#039;s an inevitable thought for fully sentient people living in police states.]]></description>
		<content:encoded><![CDATA[<p>Re: #6 and #14: As far as I know, judges are compelled to count time served towards any sentence as a matter of federal judicial precedent and constitutional law. Any lawyers on the thread should correct me if I&#8217;m wrong, but imposing a sentence resulting in a longer term than the maximum permitted by statute, including time already served in pretrial detention, would violate the prohibition on ex post facto punishment. The only federal ex post facto exception that I&#8217;m aware of involves sex offender registries, and the current precedent in that case is a travesty in my opinion. </p>
<p>The duration of pretrial detention becomes most relevant at the extremes. In misdemeanor cases, such as the inexcusably mishandled DUI case in Dona Ana County, NM, lengthy pretrial detention can result in a period of confinement longer than the maximum permitted by law. At the other extreme, it is a moot point legally when a sentence of death or life without parole is handed down after conviction. </p>
<p>I have often pondered whether I would want to be released prior to trial if I were indicted and believed that I was likely to be convicted and given a lengthy prison sentence. My usual inclination has been to stay in jail and get as much of it over with as soon as possible. This is kind of like pondering whether one would rather be hanged or shot, but I imagine it&#8217;s an inevitable thought for fully sentient people living in police states.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Xenocles</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3331752</link>
		<dc:creator>Xenocles</dc:creator>
		<pubDate>Sun, 03 Jun 2012 12:44:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3331752</guid>
		<description><![CDATA[Mike-

I think they can subtract pre-trial confinement from a sentence as time already served. I don&#039;t know if this is required of the judge or simply discretionary.]]></description>
		<content:encoded><![CDATA[<p>Mike-</p>
<p>I think they can subtract pre-trial confinement from a sentence as time already served. I don&#8217;t know if this is required of the judge or simply discretionary.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Monzster</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3327799</link>
		<dc:creator>Monzster</dc:creator>
		<pubDate>Sat, 02 Jun 2012 14:31:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3327799</guid>
		<description><![CDATA[What caught my attention was this statement:  &quot;It is one of the five oldest pending criminal cases in Jefferson County, according to statistics provided by the state Administrative Office of the Courts.&quot;  Being that the author specifically didn&#039;t say that it was the oldest, I would conclude it likely isn&#039;t even the oldest pending case!]]></description>
		<content:encoded><![CDATA[<p>What caught my attention was this statement:  &#8220;It is one of the five oldest pending criminal cases in Jefferson County, according to statistics provided by the state Administrative Office of the Courts.&#8221;  Being that the author specifically didn&#8217;t say that it was the oldest, I would conclude it likely isn&#8217;t even the oldest pending case!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Pi Guy</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3327659</link>
		<dc:creator>Pi Guy</dc:creator>
		<pubDate>Sat, 02 Jun 2012 14:09:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3327659</guid>
		<description><![CDATA[craoker: Happy Belated Birthday! Plus, I always strap on my cup before I click on my &quot;The Agitator&quot; fave link. It increases my productivity for the rest of the day.

&lt;blockquote&gt;Viv La Revolution!!!&lt;/blockquote&gt;
Sharpening up my pitchfork right now. Will have the torches ready by the end of the weekend.]]></description>
		<content:encoded><![CDATA[<p>craoker: Happy Belated Birthday! Plus, I always strap on my cup before I click on my &#8220;The Agitator&#8221; fave link. It increases my productivity for the rest of the day.</p>
<blockquote><p>Viv La Revolution!!!</p></blockquote>
<p>Sharpening up my pitchfork right now. Will have the torches ready by the end of the weekend.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: John C. Randolph</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3325111</link>
		<dc:creator>John C. Randolph</dc:creator>
		<pubDate>Sat, 02 Jun 2012 02:36:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3325111</guid>
		<description><![CDATA[The judge has the authority to find the prosecutor in contempt and keep them in jail until they quit jerking the court around.

-jcr]]></description>
		<content:encoded><![CDATA[<p>The judge has the authority to find the prosecutor in contempt and keep them in jail until they quit jerking the court around.</p>
<p>-jcr</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Radley Balko</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3325079</link>
		<dc:creator>Radley Balko</dc:creator>
		<pubDate>Sat, 02 Jun 2012 02:24:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3325079</guid>
		<description><![CDATA[Bobby Black:  Do you publish some sort of mimeographed newsletter to which I might subscribe?]]></description>
		<content:encoded><![CDATA[<p>Bobby Black:  Do you publish some sort of mimeographed newsletter to which I might subscribe?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: croaker</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324891</link>
		<dc:creator>croaker</dc:creator>
		<pubDate>Sat, 02 Jun 2012 01:15:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324891</guid>
		<description><![CDATA[Nothing says &quot;Happy Birthday&quot; like a Radley Balko nutpunch.]]></description>
		<content:encoded><![CDATA[<p>Nothing says &#8220;Happy Birthday&#8221; like a Radley Balko nutpunch.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: J-Man</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324881</link>
		<dc:creator>J-Man</dc:creator>
		<pubDate>Sat, 02 Jun 2012 01:10:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324881</guid>
		<description><![CDATA[Radley,

Awesome job on receiving nominations for several journalism awards in Southern California:

http://reason.com/blog/2012/06/01/reason-nominated-for-11-southern-califor

Not trying to take away from the latest absurd criminal justice and human rights violations, just alerting the good people of Mr. Balko&#039;s recent accomplishments.]]></description>
		<content:encoded><![CDATA[<p>Radley,</p>
<p>Awesome job on receiving nominations for several journalism awards in Southern California:</p>
<p><a href="http://reason.com/blog/2012/06/01/reason-nominated-for-11-southern-califor" rel="nofollow">http://reason.com/blog/2012/06/01/reason-nominated-for-11-southern-califor</a></p>
<p>Not trying to take away from the latest absurd criminal justice and human rights violations, just alerting the good people of Mr. Balko&#8217;s recent accomplishments.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Bobby Black</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324863</link>
		<dc:creator>Bobby Black</dc:creator>
		<pubDate>Sat, 02 Jun 2012 01:02:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324863</guid>
		<description><![CDATA[Ahhh our tax dollars at work. No wonder there are Fema Camps being set up as long term jails and new laws that allow to keep us there without trials. They know that because of mass internet media, outside the shackles of the corporate media, people are seeing just how cooked the books are, and revolution is just a few more egregious government crimes away. Can&#039;t happen soon enough in my book. Viv La Revolution!!!]]></description>
		<content:encoded><![CDATA[<p>Ahhh our tax dollars at work. No wonder there are Fema Camps being set up as long term jails and new laws that allow to keep us there without trials. They know that because of mass internet media, outside the shackles of the corporate media, people are seeing just how cooked the books are, and revolution is just a few more egregious government crimes away. Can&#8217;t happen soon enough in my book. Viv La Revolution!!!</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mike</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324813</link>
		<dc:creator>Mike</dc:creator>
		<pubDate>Sat, 02 Jun 2012 00:42:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324813</guid>
		<description><![CDATA[Let me make a wild prediction: Trial two years from now (meaning, 7 years in the slammer before trial), guilty, sentenced to 3 years. But, the 7 behind bars already doesn&#039;t count, so it&#039;s 3 more.]]></description>
		<content:encoded><![CDATA[<p>Let me make a wild prediction: Trial two years from now (meaning, 7 years in the slammer before trial), guilty, sentenced to 3 years. But, the 7 behind bars already doesn&#8217;t count, so it&#8217;s 3 more.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Burgers Allday</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324805</link>
		<dc:creator>Burgers Allday</dc:creator>
		<pubDate>Sat, 02 Jun 2012 00:41:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324805</guid>
		<description><![CDATA[I would be curious to know whether defendant has authorized the extensions, or any part of the extensions.  Not saying he has or he hasn&#039;t, but it is not clear what the deal is on acqueiscence (sp?).]]></description>
		<content:encoded><![CDATA[<p>I would be curious to know whether defendant has authorized the extensions, or any part of the extensions.  Not saying he has or he hasn&#8217;t, but it is not clear what the deal is on acqueiscence (sp?).</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: jhc</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324794</link>
		<dc:creator>jhc</dc:creator>
		<pubDate>Sat, 02 Jun 2012 00:38:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324794</guid>
		<description><![CDATA[This seems like a pretty blatant &lt;a href=&quot;http://en.wikipedia.org/wiki/Speedy_Trial_Clause&quot; rel=&quot;nofollow&quot;&gt;6th Amendment&lt;/a&gt; violation. Maybe his lawyer(s) need to be more vociferous in their demands for a trial since that appears to be part of the Supreme Court&#039;s test.]]></description>
		<content:encoded><![CDATA[<p>This seems like a pretty blatant <a href="http://en.wikipedia.org/wiki/Speedy_Trial_Clause" rel="nofollow">6th Amendment</a> violation. Maybe his lawyer(s) need to be more vociferous in their demands for a trial since that appears to be part of the Supreme Court&#8217;s test.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: lunchstealer</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324735</link>
		<dc:creator>lunchstealer</dc:creator>
		<pubDate>Sat, 02 Jun 2012 00:18:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324735</guid>
		<description><![CDATA[She&#039;s not excusing it, she&#039;s just letting it gestate. For 20 trimesters.]]></description>
		<content:encoded><![CDATA[<p>She&#8217;s not excusing it, she&#8217;s just letting it gestate. For 20 trimesters.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: freedomfan</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324733</link>
		<dc:creator>freedomfan</dc:creator>
		<pubDate>Sat, 02 Jun 2012 00:17:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324733</guid>
		<description><![CDATA[I know some attorneys read TheAgitator, so I wonder if anyone can answer whether it is within the judge&#039;s power to simply inform the prosecutor, &quot;This has taken too long already. If the state&#039;s position is that it still needs more time to prepare its case, then I will throw out this indictment and release the defendant.&quot; I honestly don&#039;t know the answer, so I am curious. How else is the 6th Amendment enforced?

And, obviously, if taking such action &lt;em&gt;is&lt;/em&gt; within a judge&#039;s authority, why the hell not take it?

(BTW, I can&#039;t be sure, but I am assuming that the prosecution is responsible for the delays.)]]></description>
		<content:encoded><![CDATA[<p>I know some attorneys read TheAgitator, so I wonder if anyone can answer whether it is within the judge&#8217;s power to simply inform the prosecutor, &#8220;This has taken too long already. If the state&#8217;s position is that it still needs more time to prepare its case, then I will throw out this indictment and release the defendant.&#8221; I honestly don&#8217;t know the answer, so I am curious. How else is the 6th Amendment enforced?</p>
<p>And, obviously, if taking such action <em>is</em> within a judge&#8217;s authority, why the hell not take it?</p>
<p>(BTW, I can&#8217;t be sure, but I am assuming that the prosecution is responsible for the delays.)</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: CyniCAl</title>
		<link>http://www.theagitator.com/2012/06/01/five-years-without-a-trial/comment-page-1/#comment-3324643</link>
		<dc:creator>CyniCAl</dc:creator>
		<pubDate>Fri, 01 Jun 2012 23:39:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=24923#comment-3324643</guid>
		<description><![CDATA[Indefinite detention -- it&#039;s not just for the fedgov.]]></description>
		<content:encoded><![CDATA[<p>Indefinite detention &#8212; it&#8217;s not just for the fedgov.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
