This past week I suddenly felt very tired but not nearly as tired as those who are forced to camp outside a Carroll County courthouse to report on the trial of Richard Allen. Not only has the former somewhat progressive Judge Frances Gull disallowed cameras in court, she refuses to release audio recordings of the proceedings. In addition, nobody in the gallery is allowed to even possess any electronic device much less take notes on them - they're reduced to pen and paper. What's more, at every break the attendees must re-take their place in line if they want to get into the next session so reports during them are few and far between.
That's not why I'm tired, though. I think it's because of the heavy testimony that Andrea Burkhart reported on her livestream Tuesday evening. With the addition of the ersatz "doctor's" testimony on Wednesday that informed the jury she was a true crime buff and active in Facebook groups and on YouTube channels that discussed the Delphi case both before and during her "treatment" of Richard Allen. She admitted to discussing what she'd learned with her "patient" which, to me, is not only unprofessional, but unethical.
I thought the way Boston police officer John O'Keefe's death was investigated was shoddy with red solo cups and stop and shop bags, with no chain of custody on any piece of evidence, with inverted/grainy videos, crappy photos and witnesses not interviewed until months/years later but Delphi said "hold my beer." Karen Read was able to stay out of jail on bond while awaiting trial while Richard Allen was placed into solitary confinement in prison and treated like ... well, a prisoner for over a year. So I guess unprofessional and unethical is much better than barbaric, eh?
The warden and guards in Rick Allen's case were unrepentant during testimony as if we're all supposed to just shrug along with them and say, "well, it IS prison after all." Yes, it is but Rick was not a prisoner - he's innocent until proven guilty in a court of law. Kinda like how Karen Read was treated by the Mass. state troopers but to a much lesser extent. Still, the likes of Michael Proctor and Yuri Bukhenik were of a similar mindset to the prison guards, absolutely unrepentant, IMO.
In both cases, I think law enforcement was confident plea deals would be reached but that's not what happened. Instead, the commonwealth/state seems hell bent on embarrassing the defendants as much as humanly possible. If they can't be proven guilty at least their lives can be ruined, right? Maybe they'll just die of humiliation - or worse. This behavior should not be tolerated in a free society, nor should it be excused. If you think that the treatment of Karen Read and/or Rick Allen is somehow okay because they've been charged with a crime there is something very wrong. My patience has run out with many online due to views like these as I make judicious use of the mute/block options.
For those that think that Officer John O'Keefe, Abigail Williams & Liberty German have somehow been lost because those who believe in due process and constitutional rights are critical of the so-called investigations into their murders your wrath is pointed in the wrong direction. A big reason why people are so incensed is because justice is being denied for their deaths. Crappy investigations, mishandling of evidence, attempts to massage said evidence to make it fit by those who are supposed to be the "good guys" is disheartening, to say the least.
In criminal law, Blackstone's ratio (more recently referred to sometimes as Blackstone's formulation) is the idea that:
It is better that ten guilty persons escape than that one innocent suffer.
Defending British soldiers charged with murder for their role in the Boston Massacre, John Adams also expanded upon the rationale behind Blackstone's Ratio when he stated:
We find, in the rules laid down by the greatest English Judges, who have been the brightest of mankind; We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever.
While we'd like to believe law enforcement and our justice system gets it right all the time there is a reason our courts are open to the public (or are supposed to be) - transparency. Today we have the technology to allow broader scrutiny, especially in cases with a great deal of public interest. A judge that puts a stranglehold on access, particularly one that formerly invited it, raises all sorts of red flags. One has to wonder what they're hiding and why they're hiding it although I believe I've outlined the why above. It goes deeper, though, in that some evidence is not shown to the gallery although "credentialed" media (AKA mainstream media) can view it at the end of the day. According to reports, they then get together like a football huddle before doing their daily reports - what's that all about?
I've not trusted legacy media for decades and the way they reported trials like Depp v Heard through Karen Read illustrated just why. It's like they watched different trials than I did. I want the facts without spin, thank you very much. Educated commentary is fine, which is why I watch people like Emily D Baker (who is not covering this trial), Andrea Burkhart, Bob & Ali Motta of Defense Diaries. amongst others. Some that I've followed for other trials have been a disappointment but I think the disconnect lies in the fact that they trust law enforcement and prosecution while I've been disabused of that notion. It is incumbent on we, the people, to hold the government accountable. As well as the media, which was keenly spotlit yesterday when a pool report noted that Richard Allen's daughter said she didn't love her father which was WRONG, the young lady said she DID love her father. smh
Bottom line, if innocent people get convicted then there is no justice for people like Ofc. John O'Keefe, Abigail Williams and Liberty German.
