Interesting day on the expert witness side of the house. Learned that the new prosecutor has decided to drop a years-old criminal case against a police officer in a clearly justified furtive movement shooting in which I’ve given both report and deposition for the defense. The case was originally brought by a Soros-funded prosecutor now no longer in office. What you’ve heard about “Soros prosecutors” is real, not some far-right BS.

Conditionally accepted a case in which the defendant is being criminally charged for shooting at a man who was shooting at him. The other guy pulled his gun first, the defendant went for his, and each fired simultaneously. Why is THIS guy being charged? According to the defense lawyer, the first guy fired only one shot, the defendant fired more than one to drive him off, and the prosecutor seems to think whoever launched the most bullets must be culpable. Fortunately no one was hit by the gunfire when a public place suddenly became a two-way range.

Why do I say “conditionally accepted”? Because I can tell you something I can never say in front of a jury: I only take a case after I’ve seen all the evidence and been convinced that the client did the right thing. It’s why I turn down way more cases than I take.

Having spent most of my adult life working in the justice system in one capacity or another, I can understand why it sometimes befuddles the general public.

23 COMMENTS

  1. “I only take a case after I’ve seen all the evidence and been convinced that the client did the right thing.”

    I think that you are wise to want to see all the details before taking a case, Mas. In self-defense, like in a lot of criminal law, the “devil is in the details”.

    Take the case you mentioned above. You report that “According to the defense lawyer, the first guy fired only one shot, the defendant fired more than one to drive him off, and the prosecutor seems to think whoever launched the most bullets must be culpable.”

    The prosecutor may, or may not, have a point here depending upon the details. If the aggressor fired a single shot and the defender fired, say, a double-tap in response, then I would say that the prosecutor has not much ground to stand upon. That level of response seems totally reasonable and proportional .

    On the other hand, if the aggressor fired a single shot and the defender then pulled out a Glock 17, equipped with a “Glock Switch” and an extended magazine, and (holding the pistols sideways “Gangster Style”) proceeded to dump the entire magazine in the general direction of the aggressor, then I would say that the prosecutor has grounds to think that this is not a case of responsible self-defense.

    The details matter in any self-defense case. I totally understand why you would want to know all the circumstances before you leap into a case.

  2. How can we tell if a prosecuter is “Soros funded”? We can check the campaign disclosures but what do we need to look for??

    • Speaking of the Soros funding of anti-constitutionalists, if we want to continue to keep and bear arms we would be wise to put money into the GoFundMe account for Presidential Candidate Trump. I am pledging 50% of my ongoing savings. I have a separate bank account with a debit card dedicated exclusively to such contributions. I would encourage everybody to contribute regularly to Mr. Trump and his campaign. He has been going to the limit for us. If everybody who stretched their resume is attacked like Mr. Trump is being jumped on, we will all be in the poorhouse, at best. Our help will keep him going until the electorate college puts him back in. Then the wrath of God can come down on all the plundering pirates.

  3. Those are interesting cases and I think the evidence is clear that those “Soros prosecutors” crack hard on law-abiding gun owners and LEO’s while coddling thugs who violate gun laws. That’s what the far left’s idea of social justice. I closely follow the saga of the Daniel Perry case in NYC though it didn’t involve a firearm. I think he’s being railroaded while the DA continues to coddle criminals based on race. Perry was a Marine and I’m a retired Marine so his case is of special interest to me.

    I always enjoy your articles

  4. So sad to hear about an officer being persecuted for doing the right thing. Wouldn’t it be nice if the legal system required him to be reimbursed for the grief the prosecutor put him through?

    Thanks for sharing more evidence of the decline and decay of the once great USA. I don’t like reality, but I have to deal with it, and be aware.

  5. Our criminal justice system seems to hae turned on its ear by liberals and the woke culture. The “good guys” are now bad and you can’t defend yourself or your family against an attacker. It is getting as bad as Canada where the law enforcement tells the people to leave your keys in your car and don’t lock the doors or put your keys by the front door so the bad guys won’t attack you in your own home for your car. Time for an out of frame overhaul.

  6. Don’t appreciate the snarky comment about Donald Trump.
    By the way, Don, enjoy all of the “newcomers” in your neighborhood. Hope you’re able to defend your family, especially if you have young daughters.

    • Tom,

      I interpret Don Kerr’s comments to be supportive of Trump, not snarky. Soros prosecutors are illegally using lawfare to hamper Trump’s bid for re-election. I hate how the enemies of America get to do pretty much what they want, while Patriots get persecuted. Notice how Rudolph Giuliani had his law license revoked for believing the 2020 election was stolen, while DA Letitia James doesn’t even get disciplined for bringing false charges against Trump. I’m pretty sure the same Bar Association is involved with both Rudy and Letitia, since they both worked in the Southern District of Manhattan.

  7. Mas, how much of your policy to insist on reviewing ALL the evidence prior to agreeting to take up a case is wanting to be sure there is enough evidence to make case, and ho much is from NOT wanting to be the one who gets a bad guy off the hook? If the client i more likely than ot someone who is guilty s charged, I”m certain yuo don’t went to be in the pickle of doing your best to get him off, and helping a dirtbag walk when he should be behind bars, for the good of society.

    Curious.. I’d imagine both motives are in play with you.

  8. “a *years-old* criminal case against a police officer”
    The officer still lost, even though he prevailed.

    I think I’ve discovered a new self-defense standard for myself: “If I do this, will Mas take my case.”

    • If you are using the Armed Citizens Legal Defense Network, you are essentially doing that already. It is a good standard.

  9. I read a great quote following the verdict in a self defense shooting that happened in Philadelphia some years back. The attack was caught on a Fox News street cam, but the “victim” (aggressor) was politically connected. He’ll be disabled for life.

    When the defense attorney was asked how it felt to have won, his response was that in a case like this, there really are no winners. Defendant had been in his last (?) semester of law school. I often wonder if he finished.

    All Virginians suffered retaliation: the defendant was carrying on his Virginia concealed carry permit under a reciprocity agreement. PA no longer recognizes/has reciprocity with Virginia.

  10. Thank you Massad for the information. I hope that the police officer was able to pay his bills while waiting a YEAR for his case to be decided.
    Who was the Soros-funded prosecutor representing?

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