06-06-2018, 07:16 PM
Follow up on the Corey Jones Murder
Looks like a trial
Hope they bury this asshole
Stand Your Ground needs to be fixed, not deleted
http://www.sun-sentinel.com/opinion/edit...story.html
Nouman Raja didn’t just lose his absurd “stand your ground” claim. He lost big, and he deserved to lose.
It has been nearly three years since Raja, then a police officer in Palm Beach Gardens who was working plainclothes, fatally shot Corey Jones. According to an expert witness for the prosecution, Raja violated every protocol of proper police procedure in approaching Jones’ van. It had broken down on an Interstate 95 exit ramp.
Yet his attorneys claimed that Raja was the victim. As such, they argued, Palm Beach County Circuit Court Judge Samantha Schosberg Feuer should dismiss the charges of attempted first-degree murder and manslaughter under “stand your ground” because Raja feared for his life. Jones, Raja said, had aimed a gun at him.
Raja’s attorneys rolled out witnesses. Their testimony, however, couldn’t overcome Raja himself. Based on the evidence, Raja is lying. Feuer agrees. As she wrote in her 27-page ruling, “The court finds the defendant’s sworn statement testimony unreliable and not credible, primarily because his sworn statement during the walk-through was inconsistent with the physical evidence.”
When he told his version to investigators, Raja didn’t know about an audiotape of Jones speaking to a roadside assistance operator. The tape disproves Raja’s claim that Jones was the aggressor.
Indeed, Feuer demolished Raja’s defense like an investigator during an interrogation. Before Raja fired a second, three-shot burst, he said, Jones turned as if trying to point the gun with his right hand. His brother testified that Jones was left-handed. Raja claimed that he called 911 before firing that second burst. In fact, Raja didn’t make that call until 33 seconds after firing.
Raja, Feuer wrote, “is unable to choose which of his statements are inaccurate due to perception distortion (on the recording) and which are accurate for the sake of his argument.” Raja claimed that Jones’ gun — which he carried legally — had a red laser. It did not. As for Raja’s claim that Jones drew his weapon and became a threat, “Defendant’s unreliable testimony is all that supports that proposition.”
Ideally, the Palm Beach County State Attorney’s Office never would have had to make this defense. Raja’s trial already should have happened.
But “stand your ground,” which the Legislature passed in 2005, allows defendants much more ability to claim immunity based on self-defense. Last year, the Legislature expanded “stand your ground” by placing the burden on prosecutors to disprove a claim of self-defense — through “clear and convincing evidence” — rather than on a defendant to prove it.
Raja had every advantage. Feuer even noted that two appellate courts have disagreed on whether “stand your ground” applies to law enforcement officers and concluded that it does. Raja still lost.
That’s because of the evidence. Raja wore no body camera. His van didn’t have a camera. Fortunately, however, Jones was on the phone.
That recording shows a calm, non-threatening Jones as Raja arrives. “I’m good,” Jones says. “Really?” responds Raja. “Yeah,” Jones says in a calm voice. Feuer takes it from there.
“The next words that are heard are the defendant’s yelling loudly and rapidly: ‘Get your f------’ hands up! Get your f------’ hands up!’ ” After Jones replies, “Hold on, hold on,” Raja yells for Jones to get his hands up again, three gunshots are heard, and then the sound of a bell consistent with a car door bell when it remains open.
“The court finds, and common sense dictates, the evidence shows the defendant had his gun drawn when he jumped out of the car and approached Jones. It was upon seeing the defendant — in plainclothes with no indication, understanding, or knowledge that the defendant was a police officer, pointing a gun at him — that it was then, and only then, that Jones pulled out his gun in response.”
Nor is there evidence, Feuer said, that Jones fired his gun. The evidence supports the charges against Raja.
Despite the ruling, another two years could pass before a trial. Raja’s attorney will go next to the 4thDistrict Court of Appeal. The losing side surely will appeal to the Florida Supreme Court.
The reason for this delay and waste of money is “stand your ground.” The National Rifle Association could cite no case of wrongful conviction — or even prosecution — in a self-defense case when pushing for the law. News reports have shown multiple abuses of the law. Last year’s expansion requires prosecutors to make their case twice, potentially giving defendants an advantage.
Nouman Raja should go to trial. “Stand your ground” should end.
Looks like a trial
Hope they bury this asshole
Stand Your Ground needs to be fixed, not deleted
http://www.sun-sentinel.com/opinion/edit...story.html
Nouman Raja didn’t just lose his absurd “stand your ground” claim. He lost big, and he deserved to lose.
It has been nearly three years since Raja, then a police officer in Palm Beach Gardens who was working plainclothes, fatally shot Corey Jones. According to an expert witness for the prosecution, Raja violated every protocol of proper police procedure in approaching Jones’ van. It had broken down on an Interstate 95 exit ramp.
Yet his attorneys claimed that Raja was the victim. As such, they argued, Palm Beach County Circuit Court Judge Samantha Schosberg Feuer should dismiss the charges of attempted first-degree murder and manslaughter under “stand your ground” because Raja feared for his life. Jones, Raja said, had aimed a gun at him.
Raja’s attorneys rolled out witnesses. Their testimony, however, couldn’t overcome Raja himself. Based on the evidence, Raja is lying. Feuer agrees. As she wrote in her 27-page ruling, “The court finds the defendant’s sworn statement testimony unreliable and not credible, primarily because his sworn statement during the walk-through was inconsistent with the physical evidence.”
When he told his version to investigators, Raja didn’t know about an audiotape of Jones speaking to a roadside assistance operator. The tape disproves Raja’s claim that Jones was the aggressor.
Indeed, Feuer demolished Raja’s defense like an investigator during an interrogation. Before Raja fired a second, three-shot burst, he said, Jones turned as if trying to point the gun with his right hand. His brother testified that Jones was left-handed. Raja claimed that he called 911 before firing that second burst. In fact, Raja didn’t make that call until 33 seconds after firing.
Raja, Feuer wrote, “is unable to choose which of his statements are inaccurate due to perception distortion (on the recording) and which are accurate for the sake of his argument.” Raja claimed that Jones’ gun — which he carried legally — had a red laser. It did not. As for Raja’s claim that Jones drew his weapon and became a threat, “Defendant’s unreliable testimony is all that supports that proposition.”
Ideally, the Palm Beach County State Attorney’s Office never would have had to make this defense. Raja’s trial already should have happened.
But “stand your ground,” which the Legislature passed in 2005, allows defendants much more ability to claim immunity based on self-defense. Last year, the Legislature expanded “stand your ground” by placing the burden on prosecutors to disprove a claim of self-defense — through “clear and convincing evidence” — rather than on a defendant to prove it.
Raja had every advantage. Feuer even noted that two appellate courts have disagreed on whether “stand your ground” applies to law enforcement officers and concluded that it does. Raja still lost.
That’s because of the evidence. Raja wore no body camera. His van didn’t have a camera. Fortunately, however, Jones was on the phone.
That recording shows a calm, non-threatening Jones as Raja arrives. “I’m good,” Jones says. “Really?” responds Raja. “Yeah,” Jones says in a calm voice. Feuer takes it from there.
“The next words that are heard are the defendant’s yelling loudly and rapidly: ‘Get your f------’ hands up! Get your f------’ hands up!’ ” After Jones replies, “Hold on, hold on,” Raja yells for Jones to get his hands up again, three gunshots are heard, and then the sound of a bell consistent with a car door bell when it remains open.
“The court finds, and common sense dictates, the evidence shows the defendant had his gun drawn when he jumped out of the car and approached Jones. It was upon seeing the defendant — in plainclothes with no indication, understanding, or knowledge that the defendant was a police officer, pointing a gun at him — that it was then, and only then, that Jones pulled out his gun in response.”
Nor is there evidence, Feuer said, that Jones fired his gun. The evidence supports the charges against Raja.
Despite the ruling, another two years could pass before a trial. Raja’s attorney will go next to the 4thDistrict Court of Appeal. The losing side surely will appeal to the Florida Supreme Court.
The reason for this delay and waste of money is “stand your ground.” The National Rifle Association could cite no case of wrongful conviction — or even prosecution — in a self-defense case when pushing for the law. News reports have shown multiple abuses of the law. Last year’s expansion requires prosecutors to make their case twice, potentially giving defendants an advantage.
Nouman Raja should go to trial. “Stand your ground” should end.