Reporting by the RCJ
Here's a short story. All quotes are paraphrased.
There once was a young prosecutor who was randomly assigned a case. It was a trespassing case where a young man said he was going to a college campus to protest legal abortion. He carefully orchestrated it so he would be arrested when he got on campus. You see, the campus had a policy where outside groups needed to give two weeks notice before they come on campus.
That policy had been shared with the protestor and his friends. The school even told them, "In two weeks, you are welcome to set up a booth outside of our student center, the busiest part of campus." But that's not what the protestor wanted to do. He wanted to be arrested.
So he picked a random day and called the school yet again. "If I come to the school, will I get arrested?" "Yes, Mr. Protestor, you will." So he showed up in a big van with a few friends. There was ONE police officer there to meet them. The officer was standing next to ONE administrator. "Sir, you have been told that you can't be here. If you go onto campus with those signs, you will be arrested." "I know."
Later, the Protestor was asked if the people he rode with would be causing trouble. "No, I'm the fall guy this time."
So the file reaches the prosecutor's desk. At first glance, it appeared to be a slam dunk case. It still is. However, the Prosecutor, her boss, the counsel for the school, and other individuals who work in the system came to the same conclusion:
The criminal justice system in South Dakota is not a giant bowl of money for outside interests to pluck from. The system should not be used as a forum for individuals to use in promoting their own opinions at the expense of taxpayers. If you are purposefully arrested so you can gain media attention, the State may take the position that we don't want to assist you in your endeavor.
So the case was dismissed. Contrary to a ridiculous title in the Rapid City Journal, the Protestor was not cleared of any charges. The State chose not to proceed against him. The State could refile the charges at anytime, so nobody was "cleared" of anything. Also, in dismissing the case, the Prosecutor used the words "in the best interest of justice," which are words used in almost all dismissals. It's a coverall phrase that applies to uncooperative witnesses as well as the State not choosing to prosecute for a variety of reasons.
The State hoped the case would go away, but the Protestor did get his wish of press coverage. The Journal posted an article and citizens of the city posted comments. One citizen called the Prosecutor incompetent. The Prosecutor was offended for about 1 minute, until she realized the citizen spelled the word incorrectly.
And that's your story for the day.
There once was a young prosecutor who was randomly assigned a case. It was a trespassing case where a young man said he was going to a college campus to protest legal abortion. He carefully orchestrated it so he would be arrested when he got on campus. You see, the campus had a policy where outside groups needed to give two weeks notice before they come on campus.
That policy had been shared with the protestor and his friends. The school even told them, "In two weeks, you are welcome to set up a booth outside of our student center, the busiest part of campus." But that's not what the protestor wanted to do. He wanted to be arrested.
So he picked a random day and called the school yet again. "If I come to the school, will I get arrested?" "Yes, Mr. Protestor, you will." So he showed up in a big van with a few friends. There was ONE police officer there to meet them. The officer was standing next to ONE administrator. "Sir, you have been told that you can't be here. If you go onto campus with those signs, you will be arrested." "I know."
Later, the Protestor was asked if the people he rode with would be causing trouble. "No, I'm the fall guy this time."
So the file reaches the prosecutor's desk. At first glance, it appeared to be a slam dunk case. It still is. However, the Prosecutor, her boss, the counsel for the school, and other individuals who work in the system came to the same conclusion:
The criminal justice system in South Dakota is not a giant bowl of money for outside interests to pluck from. The system should not be used as a forum for individuals to use in promoting their own opinions at the expense of taxpayers. If you are purposefully arrested so you can gain media attention, the State may take the position that we don't want to assist you in your endeavor.
So the case was dismissed. Contrary to a ridiculous title in the Rapid City Journal, the Protestor was not cleared of any charges. The State chose not to proceed against him. The State could refile the charges at anytime, so nobody was "cleared" of anything. Also, in dismissing the case, the Prosecutor used the words "in the best interest of justice," which are words used in almost all dismissals. It's a coverall phrase that applies to uncooperative witnesses as well as the State not choosing to prosecute for a variety of reasons.
The State hoped the case would go away, but the Protestor did get his wish of press coverage. The Journal posted an article and citizens of the city posted comments. One citizen called the Prosecutor incompetent. The Prosecutor was offended for about 1 minute, until she realized the citizen spelled the word incorrectly.
And that's your story for the day.
posted by Sarah at 7:45 AM
11 Wingnuts Babbling
