The shooting reminds me of a court case I witnessed. Somewheres around 1980. I was a public school teacher and
I took my Sociology class to the Elizabeth, N.J. courthouse to get a tour of the slammer, hear a presentation by the prosecutor's office and sit in during a trial or hearing.
The hearing was supposed to be the void dire of a trial. Instead, in walks the defendant. He is dressed in jail jumpsuit. To the back of the jumpsuit, he took liquid shoe polish and wrote, "Allstate Insurance, kiss my ...." With an arrow pointing down to his butt.
Kids began to chuckle. Judge and I admonishes them. Next began one of the best examples of criminal justice I could ever imagine.
The defendant was accused of stealing a car in Buffalo, N.Y., driving it to Cranford New Jersey and crashing it into the office of an Allstate Agency. He was pissed because Allstate denied his Workmen's Compensation Claim. It was acknowledged that he confessed to that offense.
Furthermore, he was charged with stealing the Buick that he used to crash into the building. Also, the cops found drugs in the trunk of the car when they opened the trunk. He was charged with possession of a controlled, dangerous substance.
So began the hearing.
Judge: "You are accused of auto theft of a 196? Buick. You state that the owner gave you permission to borrow the car. However, the owner refuses to drive from Buffalo to New Jersey to testify and reclaim the car because the car is of little value. In the absence of such testimony, I have no choice but to dismiss the charge of auto theft.
Regarding the charge of narcotics possession, Since the officer opened the car's trunk without obtaining a warrant, that charge is also dismissed.
(To the officer) Since the defendant and the car were both under your control, there was no reason for you to open the car's trunk without first seeking a warrant. Were you aware that you needed a warrant to open the trunk since you could not get permission from Mr. ... to open it?"
Officer: "Yes, your honor. But based on his behavior at the scene, I believed it was likely that the defendant had drugs in his possession."
Judge: " Then we go to the defendant's admission that he drove into the Allstate office. Your written statement says that at the point of arrest, he stated, "I stand mute." Yet you proceeded to solicit a confession by asking him if he was responsible for a break-in at a residence, To which the defendant responded 'I may have busted the Allstate office but I had nothing to do with any robbery.'
Officer, the statement, 'I stand mute' may be a flourish of the English language but the meaning is clear to me as it should have been to you. You violated Mr....'s 5th Amendment right to remain silent. The confession is therefore ruled inadmissible.
In absence of any other evidence or testimony, I accept the defendant's offer of plea bargain to plead guilty to the offense of vandalism and sentence him to time served of seven months.
Officer ......" Please remain in the courtroom and I will speak with you after completion the day's calendar."