The charges are seven counts of child neglect, three counts of culpable negligence and one count of perjury.
According to Florida Statutes 827.03:
(e) “Neglect of a child” means:
1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Peterson was not a caregiver. There is nothing in Florida Statutes 1006.12 – Safe-school officers at each public school, that says a SRO is a caregiver but only a police officer allowed to be in school and enforce the law. And remember, it is what the law says, not what we want the law to be so it makes us feel good. And even in school No Duty to Protect applies.
Now, the charges of culpable negligence if they were to stick (doubtfully) are a best a misdemeanor if found guilty.
So we end up with perjury:
837.02 Perjury in official proceedings.—(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
So they are applying to Scott Peterson the same thing the FBI and other federal entities apply to minions in investigations: “I don’t have the evidence of the main evil deed we are charging you with, but this statement you made under oath does not match what really happened so screw mens rea,My take on the you just committed Perjury. We got you by the short and curlies”
And BINGO! Scott Peterson gets a term from 5 to 15 years in prison and most everybody is happy.
This is a legal poisoning of the well. We can’t get you with our original complaint but we will make sure you are sorry you are even alive by pulling sneaky legal maneuvers.
Let this be a teaching moment: “Anything you say will be used in court” should have a very scary meaning and you should consult with a lawyer before any interrogations. Miranda is there for a reason.
Like I said in the first post yesterday,
Bargain away the charges of neglect and culpable negligence, but (figuratively) hang him with the perjury charge. If the Florida States Attorney bargains away the perjury charge, then you will know this was just a politically motivated publicity stunt by a self promoting blood dancing con man.
I hope this goes to trial, and appealed all the way to the US Supreme Court. I would love to see Warren v DC and Castle Rock trimmed back. IMO There should be no immunity when the threat was as readily apparent as this case or the Joe Lozito NYC Subway case. The police owe the public a bare minimum amount of caring and action.
The police don’t have to succeed, but the chicken shit cowards amongst them should at least be expected to try.
I’m still skeptical anything will come of it, perjury or no; though I am not familiar with what he is specifically being accused of perjuring.
And it is showing how the prosecutorial sausage is made and we should all be disgusted. Charging a guy with crimes that have no hope sticking to run the guy through the judicial meat grinder to beat him down and break him and to hopefully get something on him eventually through the incredible resources of the state being levied against him in investigation is just as immoral as not doing your duty.
I don’t like the guy any more than you, but we should all be scared of such practices. Same shit they did to Zimmerman and same shit that gets done to many people. We don’t like what you did so we are going to make your life a living hell for it.
“Same shit they did to Zimmerman and same shit that gets done to many people. We don’t like what you did so we are going to make your life a living hell for it.”
Perhaps if the government discovers it applies to them too, they will be less interested in doing it to everyone else.
Nah. There is always a sacrifice available for these situations, even in the rare case it takes down someone with a position of power or authority. Look how Bernie got rail-roaded by the same team and that wasn’t even something that serious but at a high level. It doesn’t take much imagination to say I wonder what else they do like this.
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