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Post by stagetec on Aug 2, 2003 11:53:53 GMT -5
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Post by TheTruth on Aug 2, 2003 12:18:33 GMT -5
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.
There WAS no "fraud in fact" except that of Tonjia, Carrie, Shawna, Maeve, Anthony, Judge what'shisname, etc. (2) They WERE aware, knowing, perceiving, or cognizant that the act was going to occur and did occur.
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Post by stagetec on Aug 2, 2003 12:25:14 GMT -5
truth you forgot to incapable of resisting.Rember a person fulley conscious can say no stop during the act,and that person has to stop. Right
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Post by ----- on Aug 2, 2003 12:28:59 GMT -5
Stagetec, OK, so you base your whole beleif on links? What you read? If I put up 4 websites that state the world is flat, you are that easy to convince? What do YOU know PERSONALLY? That Andrew is guilty? Don't feel ashamed to tell the truth that you know absolutly nothing..  |
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Post by TheTruth on Aug 2, 2003 12:31:19 GMT -5
"Incapable of resisting" assumes they would have reason or desire to resist to something they gave prior consent to. I am incapable of resisting every time my dentist puts the mask on. There is no legal claim here. They took the GHB willingly and knowingly. Taking GHB in this setting is no different than taking the nitrous oxide at the dentist's office. It has no other purpose and it can be reasonably construed and legally assumed that the individual took it for that purpose.
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Post by TheTruth on Aug 2, 2003 12:35:57 GMT -5
ST, this is the link for Pacer. pacer.psc.uscourts.gov/While you're looking up codes you just always seem to conveniently overlook the ones on perjury, subornation of perjury, and prosecutorial and judicial misconduct somehow.  |
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Post by stagetec on Aug 2, 2003 12:40:19 GMT -5
truth people lie on the stand all the time,if you fell the crime of perjury has happen,then you can always file a complant with the D.A. office.
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Post by stagetec on Aug 2, 2003 12:43:28 GMT -5
----- the links have all 86 charges luster was found guilty of,and the penal codes,so you can read the law.We have done this on a number of times,and as truth said luster broke the letter of the law.
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Post by TheTruth on Aug 2, 2003 12:50:56 GMT -5
I'm so sure that D.A.'s office is gonna take charges against themselves. They SUBORNED the perjury. That was obvious even to the reporters in court. I take back what I said about him violating the letter of the law. That was an error. He couldn't have violated the letter of the law now that I'm more familiar with it, because the provision is built in to deny based on lack of fraud. There was no fraud. It is public record that Tonjia committed perjury and that she took the GHB that night willingly and knowingly. That was the only night that she could plead she didn't know what it was since for the following 5 months she took it with him on a regular basis. The other counts involving the tapes of Tonjia subsequent to that first night including "poisoning" will be overturned based on her perjury and the evidence that it was consensual. That is dispositive. If he gets an appeal there is nothing left of their case.
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Post by stagetec on Aug 2, 2003 13:02:10 GMT -5
truth the poisoning of tonjia was dis. bye the court.
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Post by stagetec on Aug 2, 2003 13:07:08 GMT -5
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Post by TheTruth on Aug 2, 2003 13:10:49 GMT -5
The point is every count should be dismissed. It's only her word and her word has been proven to be false. False in one;False in ALL.
Let's NOT. Let's get back to the law against perjury, obstruction of justice, and prosecutorial/judicial misconduct and the 4th amendment. Instead of posting the same stuff over and over you should do something constructive and search Pacer for the actual court documents.
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Post by stagetec on Aug 2, 2003 13:14:44 GMT -5
go for it truth ,don't think it will help you one bit,when it comes to the luster case.
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