POI: Joseph Brewer

[Sleuth_Noob]

There isn't a case known to man where someone couldn't sue for incompetence. You do know the FBI stands : Federal Bureau of INCOMPETENCE. The point is there is not an investigative agency around is not immune from screwing up a case - it's the nature of the 'beast'

Well here is an instance where a civil suit is not only warranted, but might be the only other legitimate way of prompting a criminal investigation based upon any evidence discovered during the course of civil investigation.

 

[hawkshaw]

Ask Bill Cosby how that works

 

[Sleuth_Noob]

Ask Bill Cosby how that works

That was the District Attorney’s mistake, or the State Supreme Court’s, depending on how you interpret the law. In my opinion, the State Supreme Court is at fault for their decision; it’s worth noting that it was split (4-3, I think?)…
A charge of a felony, with proof/evidence ultimately leading to a jury finding defendant guilty in a criminal trial…overturning that just because someone said along the way, “we won’t charge you, even if you did it”. It doesn’t make much sense; and now he gets to go free…
All that is still not a good reason to NOT try for a civil suit in relation to GB4/Gilbert LISK investigation.

 

[hawkshaw]

It doesn't make sense but it is the law. Many years ago we had a stone cold killer named Harold Koinsberg in the grand jury. For some reason the FBI turned him over to us. A well known labor leader was killed in broad daylight on W.57th. Street. In passing and not expecting to get the answer Frank asked Kayo who killed so and so. Kayo said that easy, I did. End of story for that murder and the FBI went bonkers.

You give someone a promise not to use it against them even if you are only a cop you keep your word.

In the Howard Beach case a kid gave us the case by cooperating with us identifying the others. He wasn't an informant, he just thought he was helping us resolve a difficult situation. The kid was on the slow side. But the detective was honorable and would make his cooperation known to the prosecutor. Time came to charge the group the detective told the prosecutor he made a deal with the kid. The prosecutor said he didn't make any deals and sent this poor kid to jail.

 

[Jurisprudence]

What about a class action civil suit filed in NYS Court by the families of the victims of GB4 (and possibly SG/Ray also) against SCPD for handling of investigation under Burke Spota regime?

Ray’s already had a civil suit going for years. They’re stonewalling him. The last activity I can see was from May 2020 where the Appellate Division upheld the trial court ruling that SCPD turn over documents and tapes (subpoenas duces tecum).

(SCPD was ordered by trial court to turn them over and they appealed. They lost on appeal.)

It’s now a year later. I wonder if Ray ever got them. Didn’t look that far.

https://www.nycourts.gov/courts/ad2/Handdowns/2020/Decisions/D62737.pdf

As far as suing the county and police for failing to properly investigate there becomes a proof problem - the same one that Ray has been dealing with. They can’t get the documents to make out a case because even when they lose and the court compels them to produce, they don’t comply. A civil rights claim (if one is even possible) may get them around that proof problem, but a wrongful death action won’t. They need the documents. And there may be a statute of limitations issue. Assuming there is no time bar on the action (and if the action would even lie) then what? They’d likely just settle it and continue to keep the evidence hidden. I still believe they destroyed most of that evidence.

 

[WINDSOR]

I believe the consensus is that the SCPD and the Suffolk County leadership have done everything possible to thwart the solving Shannan Gilbert and the LISK deaths. The fact State Senator Boyle has stepped forward and placed the public's and the media's focus back on the case is a good thing. I am not sure anymore civil law suits are required just now.

However, if some federal politician on Long Island stepped forward in the same way Boyle did, and as a result the State and Federal Justice Departments took action, then things would start to move.

I as I said before, I feel it is political pressure which will lead to resolution of these cases.

 

[Murder Inc]

There isn't a case known to man where someone couldn't sue for incompetence. You do know the FBI stands : Federal Bureau of INCOMPETENCE. The point is there is not an investigative agency around is not immune from screwing up a case - it's the nature of the 'beast'

I agree with you hawkshaw. The problem with law enforcement is they are just not intelligent. Being closed minded is a requirement because they go around digging through pockets and caging people for having marijuana. Investigation requires an open mind. I've never, ever seen any evidence that a single intelligent law enforcement officer ever existed.

 

[WINDSOR]

I agree with you hawkshaw. The problem with law enforcement is they are just not intelligent. Being closed minded is a requirement because they go around digging through pockets and caging people for having marijuana. Investigation requires an open mind. I've never, ever seen any evidence that a single intelligent law enforcement officer ever existed.

It is not fair to make a general statement like this.

I agree that sometimes the focus of some LE is misguided and mis-applied, probably the greatest example was J. Edgar Hoover denying the existence of organized crime and the mafia. As well there are many corrupt Police Officers and Departments.

However there are a great number of dedicated, intelligent and ethical law enforcement people.

Remember the adage........... ' The Community gets the Police Department they deserve'

 

[3Patriots]

Remember the adage........... ' The Community gets the Police Department they deserve'

Ironically spoken by Andy's former father in law.

 

[JerseyGirl]

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POI: Joseph Brewer #2