Monday, March 15, 2010

Tic Toc shooting defense attorney claims jury made 'grievous error'

How do readers feel about the quality of justice in Pennsylvania? Are these and other Blacks treated by police, prosecutors, judges and juries in the way that white people would be under similar circumstances?

In this particular case, did the jury convict these men because they were convinced beyond a shadow of doubt that they were culpable, or because they were convinced that the defendants were Black?

The preponderance of Blacks and Latinos in this nation's jails render skin color-aroused animosity an inevitably relevant part of our analysis when Blacks and Latinos are accused of a crime, tried and convicted, and when they plead guilty rather than facing the wrath of an all-white jury or judge. There are those who say skin color should never be considered an issue unless it is proved that skin color was involved. I say that the evidence of skin-color-aroused procedures and results is discovered when it is researched.

The following is an article posted in the Northampton News, under the headline,
"Tic Toc shooting defense attorney claims jury made 'grievous error," by Sarah Cassi.


Keri Ann Brekne

September 02, 2009, 10:00AM
Terrence Fitzpatrick (left) and Brandon Fleming are appealing convictions in a 2006 shooting to the state Superior Court.

A Northampton County jury ignored the evidence when they found two men guilty in the 2006 shooting outside the Tic Toc Family Restaurant in Palmer Township, attorney Eric Dowdle said.

"The jury's verdict is either the product of indifference or ignorance," said Dowdle, who represents Terrence Fitzpatrick. "The verdict cannot be allowed to stand ... there is a grievous error that has been made."

Fitzpatrick and Brandon Fleming were both sentenced in June to 20 to 40 years each in state prison for the Nov. 25, 2006, shooting of Marvin Dowe and Nataki Bryan.

Both men appealed their convictions to the state Superior Court, which is holding a special session in Northampton County Court.

Assistant District Attorney James Augustine said it's the jury's directive to reject or accept evidence. Dowdle's argument is asking the court to subvert the jury's decision, Augustine argued.

Dowdle said Fitzpatrick's conviction was based solely on Dowe's testimony, while other witnesses' testimony cleared Fitzpatrick. If the jury relied on Dowe's testimony, Fleming should have been found innocent, Dowdle said.

2 comments:

Genieva said...

This sounds like a racial profiled case to me. Some judges and other criminal justice professionals to not make ethical decisions. If they were in the situation they would want the jury, judge, and everyone to be fair on them, but in the same token they treat these two men wrong because they are "black". This issue has gone too far but there is nothing we can do about it anymore. It is getting out of hand and nobody is doing anything to stop it. Racial profiling is not the correct way to do things or to go about solving cases like this. Nobody will ever understand what they go through unless they experience it themselves. This needs to be stopped immediately. Police officers do not understand what they are doing in situations like this. They are only putting themselves in a deeper hole. When they do these types of things they lose the trust of others and when it comes down to them needing the help nobody wants to say anything because of the injustice they have done to others.

JPW88 said...

What more evidence do they need? Doesn’t this restaurant have cameras? Aren't there plenty enough witnesses that had to have seen the faces of one of these two men. This blog is just crazy to me, It bothers me that there are people who claim this act as some type of racial profiling when in reality these two black men who committed this crime should be in just as much trouble as two white men would be. This statement blows my mind: --Dowdle said Fitzpatrick's conviction was based solely on Dowe's testimony, while other witnesses' testimony cleared Fitzpatrick. If the jury relied on Dowe's testimony, Fleming should have been found innocent, Dowdle said.—