Tag Archive | "criminal law"

Cry Rape and Go To Prison!

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Cry Rape and Go To Prison!

In a case that has sparked national attention and will surely spark a new Law and Order SVU episode, a Dallas women has been sentenced to 5 years in prison for making a false rape accusation that ultimately lead to the murder of her lover.

The sentence stems from a bizarre set of facts starting with a false claim of rape to cover up an affair and ending with the murder of her lover (the man she falsely accused) by her outraged husband.

Mrs. Tracey Roberson, 37, was convicted Friday of manslaughter in the 2006 shooting death of Devin LaSalle. Prosecutors said it was Mrs. Roberson’s husband, Darrell, who fired the fatal shot but only because his wife falsely claimed she was being raped by Mr. LaSalle.

Mr. LaSalle died in December 2006 after Mr. Roberson shot him outside the Robersons’ south Arlington, Texas home. Mr. Roberson shot Mr. Lasalle after he returned home from a card game and caught Mr. LaSalle and his wife – who was clad in only a bathrobe and underwear at the time – together in Mr. LaSalle’s truck

The case was presented to a grand jury. In a soap opera crime show twist the grand jury declined to indict Mr. Roberson(the husband) for the actual shooting and instead indicted Mrs. Roberson on manslaughter charges. Yes, that is correct , at least for now,Mr. Roberson will face no criminal responsbility here for the actual shooting.

The sentencing jury deliberated more than 2 days before sentencing Mrs. Roberson to Five Years in Prison.

This case really bothers me. Not because Mrs. Roberson is going to do time but because Mr. Roberson who engaged in a textbook case of manslaughter himself will walk away scott free. My gut tells me that he killed this guy because he was having an affair with his wife and not because his wife cried rape. Did he take his rage of past indiscretions in the relationship out on this guy? Did he know about this guy prior to the shooting?  There was some testimony that he was suspicious of her infidelities….  It is not clear whether he knew anything about this specific affiar prior to the shooting.  Would that change your opinion on justification if he did?

If the husband knew absolutely nothing and this was a pure spur of the moment decision to try to save his wife, I would feel better about the justification defense here.

Did Mrs. Roberson deserve to do 5 years? I don’t think so but I was not siting on the jury.

If you read up on the case there were a lot of facts presented that certainly did not make Mrs. Roberson likeable person and I am sure that had a lot to do with the severe sentence. There was also testimony of Mrs. Roberson of abuse by her husband with no corroborating evidence. I think introducing this testimony with nothing to back it up backfired on her and made her even more unlikeable as simply looking like someone with her hand caught in the cookie jar……

Finally and in my mind most importantly , juries take claims of rape very seriously. Juries don’t like people who don’t take them seriously. Juries don’t like people who cry wolf with a cry of rape to cover up affairs….

Juries maybe want to send a message to the next person who thinks about crying rape in a crowded theater…..

Any criminal lawyers out there to comment?

What would Oliva Benson and Elliot Stabler think?

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Texas Law and the U.S. Supreme Court are coming together in a timely fashion to determine my right to blow your brains out…..

The Dallas Morning News published an interesting piece the other day about Texas new “Castle Law“.   Without going into details, this law significantly broadens the circumstances under which a homeowner or vehicle owner can use deadly force to protect his/her home or vehicle.   There is now a broader “presumption” that under certain circumstances the use of deadly force is reasonable.   This will certainly make it easier for a grand jury to say “but for the grace of god” and let someone walk…….

I share the concern of Dallas prosecutors that it will de-criminalize acts that should be classified as murder but then again I have never been the victim of a home invasion. (Knock on wood).   I have no doubt I would feel differently if I had…..

This article is also a timely intersects with the argument about to take place before the U.S.  Supreme Court interpreting the “right to bear arms” provision of the Second Amendment of the Constitution.   They are being asked to determine whether the right to bears arm as outlined in the Second Amendment is an individual right or a collective right. Arguably one of the most important  and polarizing cases before the court since the Constitution was drafted….

We have now shifted from “What’s mine is mine” to “What’s mine is mine and by the way… F***K you!”    I am not going to going into the specifics of the law but the laymen’s version for me to know and for the next person who I catch trying to steal my IPOD out of my car is that law under certain circumstances now gives me a much broader presumption that   I was acting properly when I put one between your eyes to protect my 400 dollar IPOD.  

 My prediction is that we are now going to have roving groups of what I will call “IPOD VIGILANTES”  who will  park their vehicles  in high crime areas with their pricey electronics gadgets in the front seat  laying in what for that unsuspecting music lover to attempt a snatch…..  

I wonder if Ben Franklin hid with gun waiting when someone tried to steal his fife off his horse….

What good is the right to bear arms if there is no right to pop a cap in someone as I see fit?

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