Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: intent

Key Issue in Steinle Trial: Was Shooter’s Act Intentional or Accidental?

This article appeared online at TheNewAmerican.com on Thursday, November 2, 2017:

Since the trial of Garcia Zarate began, the jury has been subjected to the testimony of numerous witnesses, including bystanders who were nearby when Kate Steinle was fatally shot on July 1, 2015. Others providing testimonies included police officers and forensic experts. There were cellphone videos showing a figure, presumed to be Zarate, walking away from Steinle immediately following the shooting, and throwing something into the bay. There was an intense interrogation of the off-duty BLM ranger whose weapon, which was stolen from his car four days earlier, was used by Zarate in the shooting of Steinle.

They even heard part of the more than four hours of interrogation of Zarate by police following his arrest.

As the trial enters its final days, the issue is

Keep Reading…

Trial Begins for Illegal Immigrant Who Killed Kate Steinle

This article appeared online at TheNewAmerican.com on Tuesday, October 24, 2017:

The trial of Mexican immigrant José Inez García Zárate for shooting Kate Steinle in July 2015 began Monday morning in San Francisco. At issue will be only whether Zárate (also known as Juan Francisco López-Sánchez, or Francisco Sánchez) shot Steinle intentionally or accidentally. If the jury finds him guilty, Zárate faces 15 years to life in prison.

Opening remarks by Kate’s father, Jim, were presented to the jury through tears. He and his daughter were walking

Keep Reading…

Why Did the Judge Acquit a St. Louis Police Officer of Killing a Black Man?

This article appeared online at TheNewAmerican.com on Monday, September 18, 2017:

The decision on Friday to acquit a white St. Louis police officer in the fatal shooting of a black man back in December 2011 predictably set off rioting in the city. It didn’t occur to the rioters that, according to the evidence in the case, Officer Jason Stockley’s use of force was reasonable, to defend his own life against potentially lethal threat exhibited by Anthony Lamar Smith. It didn’t matter that the judge found that the state failed to prove its allegation that the gun found in Smith’s Buick that night was deliberately planted there by Stockley.

It didn’t matter that Judge Timothy Wilson has ruled both for and against the police during his 28 years on the bench. It didn’t matter that he is highly regarded by his peers, that he is viewed as an unbiased judge who has no ideological ax to grind except to get the facts straight and make the decision proper under the circumstances.

None of that mattered. Once Wilson’s decision was filed late Friday afternoon, the BLM rioters and their useful idiots brought out their pre-printed signs and started destroying property. When police arrived to quell the unrest, BLM thugs and others encouraged by them started attacking the police.

Much of the mainstream media have been willing — too willing — to uncritically circulate the anti-cop narrative that a white police officer should have been found guilty of murder for killing a supposedly unarmed black man, without including in their news accounts the evidence showing otherwise. Put simply: The white cop was guilty. Guilty. GUILTY! Let the rioting begin!

Yet the facts in the case tell a different story.

And the facts were examined by more than just Judge Wilson.

The FBI investigated the shooting right after it occurred, and never filed charges. The Civil Rights Division of Obama’s Department of Justice (DOJ) investigated, and never filed charges. An internal investigation by the St. Louis Police Department revealed that Stockley violated a rule that had nothing to do with the case, and sanctioned him for that. No other charges were filed against Stockley until the spring of 2016, more than five years after the incident, when then-Circuit Court Attorney Jennifer Joyce charged Stockley with first degree murder and armed criminal action by allegedly planting a gun in Smith’s vehicle.

For Judge Wilson, his ruling is clear: Stockley is innocent of both charges and he is now free to get on with the rest of his life. Said Stockley, after learning that the charges against him had been dismissed, “It feels like a burden has been lifted … my main concern now is for the first responders [in St. Louis],  the people just trying to go to work and the protesters. I don’t want anyone to be hurt in any way over this.”

Wilson is held in high regard in St. Louis. Jack Garvey, a lawyer and former judge himself, told the St. Louis Dispatch: “He’s very methodical and a very objective judge. He really will review everything before be makes a decision. I don’t think he’s ideological in any way. He just takes each case as they come to him.” Joel Schwartz, a defense attorney, added: “He’s been in St. Louis and has seen thousands of cases and understands evidence … my feeling on Judge Wilson is he’s a man who will do the right thing.” Another defense lawyer in St. Louis, Terence Neihoff, said: “Over the years he’s been remarkably consistent. He doesn’t just automatically believe the police.”

In his decision, Judge Wilson began by reviewing the constraints under which he operates: “A judge shall not be swayed by partisan interests, public clamor or fear of criticism”, adding that “a fair, impartial and independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge’s friends or family.”

Wilson then described what happened. When Stockley and another officer, Brian Bianchi, exited their police vehicle to investigate a suspected drug transaction in a parking lot,  “Smith rapidly pulled forward … then frantically drove his Buick backward into the marked police vehicle twice, before speeding away at a high rate of speed.” Stockley testified that before the Buick exited the parking lot, he heard Bianchi yell “gun,” “indicating Smith had a gun in the car,” and that he (Stockley) also saw a gun. Stockley was struck in the arm by Wilson as he fled.

Stockley and Bianchi got back into their vehicle and pursued Smith, who, Wilson recounted in his decision, “drove at speeds up to 87 miles per hour, on wet roads, endangering other drivers and pedestrians. The pursuit ended when Smith drove into oncoming traffic and was bumped from behind by the police vehicle being driven by Brian Bianchi.”

Stockley got out of the police vehicle and approached Smith, who was still in the Buick. Wilson described what happened next:

Stockley told Smith to “show me your hands” repeatedly, but Smith continued reaching around [inside his vehicle]. Suddenly, Smith’s demeanor changed, around fifteen seconds after Stockley reached the driver’s window, when Smith reached between the seats, and Stockley said he thought Smith had retrieved the gun.

 

Stockley reached for his [service revolver] and stepped back because he was scared Smith would pull up his hand and shoot him. Stockley then fired several shots at Smith, which ultimately resulted in Smith’s death.

 

Judge Wilson reiterated what the dashcam video from the police cruiser, along with other video testimony provided by observers that night, revealed:

Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnesses, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

What about the “planting” charge? DNA evidence indicated that Stocley had touched the gun, but Wilson noted that Stockley quite properly unloaded Smith’s weapon after the shooting, placing the empty firearm and the rounds on the passenger seat. Of course, if Wilson had actually planted the gun, as opposed to rendering the gun safe, he would have had to bring it to Wilson’s car to begin with. Regarding this scenario, Wilson concluded that, if the gun were planted, Wilson would have been observed with the gun. Wilson wrote:

Stockley can be seen on all sides while walking around the two vehicles [the Buick and adjacent police vehicle]. Stockley does not have a jacket on over his blue police uniform. There is no gun, other than his holstered service revolver, visible in his hands, in his pockets or tucked inside his belt, and there is no bulge from a gun in any pocket.

Later in his decision, Wilson added:

The gun [found in the car] was a full size revolver and not a small gun, such as a derringer, that can fit in the palm of one’s hand or into the side pocket on a pair of pants without vbeing obvious. Stockley was not wearing a jacket; if he had such a gun in his possession it would have been visible on the cell phone video. The gun was too large to fit entirely within any of the pockets on the pants he was wearing, there was no bulge in any pocket indicating a gun within the pocket, and the gun would have been visible if it was tucked into his belt.

Also, Wilson noted that “one obvious question the State made no attempt to answer was how Anthony Smith could have been short in the left lower abdomen by a person standing outside the car if Smith was simply sitting in the driver’s seat.” Wilson then referred to expert testimony of the doctor who conducted the autopsy, who “testified that the wounds in Smith’s left flank could indicate that Smith was reaching for something to his right at the time the wounds occurred.”

The state argued that a statement made by Wilson, and captured on audio, during the high-speed chase indicated that Officer Stockley intended to kill Smith. However, Wilson reasoned in his decision:

Commencing in the parking … when Anthony Smith rammed into the police vehicle twice, and then struck Stockley’s arm with the car while fleeing, officers Bianchi and Stockley were involved in a dangerous high speed pursuit. It is apparent from the dash cam audio and video that the pursuit was stressful both from the high speed nature of the pursuit and from confusion casued by the multiple radios and communications with a dispatcher. People say all kinds of things in stressful situations, and whether Stockley’s statement that “we’re killing this m*****f*****,” which can be ambiguous depending on the context, constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct.

Wislson concluded: “The Court does not believe Stockley’s conduct immediatley following the end of the pursuit is consistent with the conduct of a person intentionally killing another person unlawfully,” elaborating:

Stockley did not approach the Buick and immediately shoot Smith multiple times…. Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnessess, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

At the end of his 30-page ruling, Wilson “decreed that the State has failed in its burden of proof and the Court finds that defendant is not guilty of both charges in this case: murder first degree and armed criminal action.”

As noted above, none of this matters to Black Lives Matter radicals. What matters is that a white cop shot a black man and a judge found the cop to be innocent. That narrative is all that is necessary to justify rioting, looting, firing stores and businesses and attacking police trying to quell the violence. In its war against the police, BLM radicals will use any excuse to light the match.

Ministry Sues SPLC for Calling It a “Hate Group”

This article appeared online at TheNewAmerican.com on Thursday, August 24, 2017:

English: Southern Poverty Law Center. Montgome...

Southern Poverty Law Center. Montgomery, Alabama.

Citing the Civil Rights Act of 1964, the National Center for Life and Liberty of the D. James Kennedy Ministries (DJKM) filed suit against the Southern Poverty Law Center (SPLC) on Tuesday for “trafficking in false or misleading descriptions of the services offered under the ministry’s trademarked name; and for defamation pursuant to Alabama common law arising from the publication and distribution of information that libels the ministry’s reputation and subjects the ministry to disgrace, ridicule, odium, and contempt in the estimation of the public.”

Frank Wright, the CEO of the ministries, explained why it is suing the SPLC:

Keep Reading…

Five Congressmen Demand the DOJ “Repudiate” Operation Choke Point

This article appeared online at TheNewAmerican.com on Tuesday, August 15, 2017: 

Logo of the United States Federal Deposit Insu...

Five Republican Congressmen fired off a letter last week to Attorney General Jeff Sessions, Fed Chair Janet Yellen, and Acting U.S. Comptroller Keith Noreika, demanding that they repudiate the Obama administration’s successful and continuing efforts to strangle financially gun shops and other supposedly “high-risk” and “disreputable” businesses. Called Operation Choke Point, the program continues despite declamations from the Justice Department to the contrary.

Said the letter:

Keep Reading…

Far-left Congressman Tweets: NRA and Its Spokeswoman “Becoming Domestic Security Threats”

This article appeared online at TheNewAmerican.com on Friday, August 11, 2017:

It all started when someone, incensed no doubt about conservative television host Dana Loesch’s latest NRA video, tweeted on Wednesday: “Philando Castile followed the safety rules he was taught and he was shot to death. NRA said nothing. They are usually quick to follow up.”

Loesch tried to condense the story of Castile’s death, covered in detail by The New American at the time, into her own tweet in response: “He was also in possession of a controlled substance and a firearm simultaneously which is illegal. Stop lying.”

That was just too much for far-left New York Congresswoman Kathleen Rice, who entered the twitter conversation the next day: “So if a white guy [Castile was black] was shot dead during a routine stop w/ a legal gun & a joint in his car, NRA would remain silent? You’re the ones lying.”

Not hearing anything back from Loesch, Rice reentered the fray five minutes later: “I going to say it NRA & DLoesch are quickly becoming domestic security threats under President Trump. We can’t ignore that.”

Loesch was on Fox News, being interviewed by Mark Steyn, when Rice’s twitters popped up. Steyn told her on the air about them and Loesch expressed her surprise and disappointment that a member of the U.S. Congress was demeaning her rights under the Second Amendment. Immediately after leaving the show, Loesch tweeted Rice: “Rephrase. An elected gov’t official just labeled me and millions of others ‘domestic security threats.’ Wow.”

And then she asked Rice: “Hi Congresswoman, can you explain why you say I and millions of members are ‘domestic security threats?’ Thank you.”

Not getting an immediate response, Loesch then tweeted Rice: “Will ur secret police wear a certain uniform? I want to know who we should look for when we are all taken into custody.”

Loesch gets much credit for knowing precisely whom she is dealing with in Congresswoman Rice, and what Rice has in store for all Americans who own guns in the brave new communist world she is working to create. Unfortunately, most Americans watching the unfolding chatter, banter, and challenge on Twitter don’t know the back story. The New American is happy to provide it.

On her website Rice touts her experience as a former homicide prosecutor in Brooklyn followed by a stint as district attorney of Nassau County: “I aggressively enforced gun laws and led intelligence-driven investigations to take down gun traffickers and seize illegal guns before they reached our neighborhoods,” she asserted.

She is right about one thing: She was certainly aggressive in enforcing those laws. So aggressive in fact that in 2012 a federal jury tossed a case she brought against gun dealer Martin Tretola and awarded him $5 million for compensatory and punitive damages in an effort to offset the pain and suffering he endured for false arrest and prosecution by her.

So aggressive in fact was Rice’s enforcement of gun laws that this isn’t the only case staining her history as DA. Antowine Butts spent two years in jail for a crime he didn’t commit before being released as the case against him unraveled. Butts sued Rice, claiming that she and detectives involved in the case coerced witnesses into testifying against him. One of those witnesses even claimed, under oath, that Rice had arrested the wrong man but she ignored him. For that injustice Butts was awarded $220,000.

If these were the only instances, one might perhaps be persuaded to look the other way. But Newsday took a look and in October 2014 published a 16-page long exposé of her corruption while DA:

A Newsday examination of Rice’s career found at least five instances, including the troubled Butts case, in which Rice was accused of intentional misconduct or of committing a procedural effort serious enough to put her case in jeopardy.

 

At least two convictions Rice helped secure have been overturned for those reasons, and at least three sitting or retired judges have rebuked Rice over her handing of a case. A fourth judge sanctioned her in another case.

When House Representative Carolyn McCarthy from New York’s Fourth District retired in 2014, Rice left her position and ran a successful effort to replace her. She was sworn in under oath to preserve and protect the Constitution of the United States on January 3, 2015, and has worked night and day to violate and undermine it ever since.

The week after the Orlando nightclub shooting in June 2016, Rice joined about 20 other far-left members in an infamous “sit-in” — a communist tactic — that shut down the House for 24 hours. The protest was over the House not voting for a gun bill in response to the shooting. She joined other far-left members such as John Lewis and Nancy Pelosi in singing the communist anthem “We Shall Overcome” along the way.

Her voting record reflects her ideology. The Freedom Index, published quarterly by The New American, is based on how closely her votes hew to the Constitution she swore to uphold and defend. Her rating is seven percent out of 100 percent.

Loesch, and now the readers here, know exactly who Rice is and what she stands for — all information that her website and the fake news media have hidden from view. Rice is using another well-honed communist tactic in her tweets: accusing Loesch and the NRA of exactly what she herself is guilty of.

China’s Surveillance State Now Monitors Foreign Companies, as Well as Citizens

This article appeared online at TheNewAmerican.com on Friday, May 26, 2017:

A Cropped version of President George W. Bush ...

Xi Jinping, no friend of freedom

The Wall Street Journal’s claim that China’s surveillance state, which now records the behaviors of foreign companies operating there, is only intended to “monitor and rate” them falls far short of the communist government’s real intentions. Using sophisticated tracking technology — meters in chimneys monitoring air pollution, recording of excessive energy usage by a company’s meters, and so on — it intends to change the behavior of those companies to keep them in line with state policy and objectives.

China’s State Council — the government’s all-seeing eye — already monitors every citizen’s behavior.

Keep Reading…

It’s Official: Ferguson Effect Causing Police to “De-police”

This article appeared online at TheNewAmerican.com on Friday, May 5, 2017:  

The famous "black and white" LAPD po...

The saying “when seconds count the police are minutes away,” while somewhat dismissive of the utility of police, nonetheless assumes that when the police arrive, they’ll be able to resolve an incident effectively and efficiently. Now comes the FBI suggesting that when the police arrive they might not want to.

It’s called the Ferguson Effect,

Keep Reading…

Progressives’ Violence Moving From Streets to Congressional Offices

This article appeared online at TheNewAmerican.com on Wednesday, February 8, 2017: 

English: Official portrait of US Rep Cathy McM...

US Rep Cathy McMorris Rodgers

House Republicans attended a closed-door meeting on Tuesday to address concerns about anti-Trump protesters entering their congressional offices and threatening them physically. House GOP Conference Chairwoman Cathy McMorris Rodgers invited one of their own — Representatives David Reichert (R-Wash.) who served as sheriff of King County, Washington — to address the group with suggestions on how to protect themselves and their staff from violence.

Reichert recounted how several angry constituents “bum-rushed” into his office, blowing past a staffer, and offered this advice:

Keep Reading…

Baltimore’s State Attorney Marilyn Mosby About to Face Her Moment of Truth

This article was published by The McAlvany Intelligence Advisor on Friday, January 13, 2017:

A federal judge just allowed a lawsuit brought against Baltimore’s state attorney Marilyn Mosby to proceed. The lawsuit, filed by five of the six officers charged in the death of Freddie Gray (in mural, center) in 2015, will move to “discovery” – the phase where, under oath, Mosby and her enablers, including deputy Sheriff Samuel Cogen, must answer questions about those charges.

To review: Freddie Gray, a young black punk with a rap sheet containing 20 charges, mostly drug-related, ran from

Keep Reading…

ICE Union Issues Final Warning to Voters

This article appeared online at TheNewAmerican.com on Monday, November 7, 2016:  

English: ICE Special Agents (U.S. Immigration ...

In September the National ICE Council, representing some 5,000 Immigration and Customs Enforcement officers charged with protecting the country’s borders, did something it has never done: It endorsed a candidate for president: Donald Trump. In its statement at the time, the union said:

Keep Reading…

Ethanol Mandates Mean Big Profits for Big Oil

This article appeared online at TheNewAmerican.com on Friday, October 28, 2016:  

When the Energy Independence and Security Act of 2007 was signed into law by then-President George W. Bush, it was well-intended: It would increase America’s oil independence and reduce dependence on foreign oil, it would produce cleaner air, and it would help farmers.

The Act required refiners to add ethanol to every gallon of gasoline they produced. If a refiner decided it couldn’t (too costly) or wouldn’t (internal decision) do so, it would be required to

Keep Reading…

Feds Scanning License Plates of Gun Show Attendees

This article appeared online at TheNewAmerican.com on Tuesday, October 4, 2016:  

English: Houston Gun show at the George R. Bro...

As the Wall Street Journal reported, Immigration and Customs Enforcement (ICE) has has a program in place since 2010 to use license-plate readers to read the license plates of gun show attendees in southern California. The theory was simple: compare those scans to cars crossing the border into Mexico and — voila! — ICE could find potential gun runners who warranted further investigation.

But the ICE didn’t do the scanning.

Keep Reading…

British Prime Minister Announces Delay of Brexit Trigger

This article appeared online at TheNewAmerican.com on Monday, October 3, 2016:  

In a speech on Sunday to her British Conservative Party’s conference, Prime Minister Theresa May (shown) made it sound as if she had been a supporter of Brexit all along:

[After Brexit, the United Kingdom will be] a fully-independent country [no longer under the] jurisdiction of the European Court of Justice.… [Brexit] was a vote for Britain to stand tall, to believe in ourselves, to forge an ambitious and optimistic new role in the world….

 

Brexit should make us think about our role in the wider world. It should make us think of Global Britain, a country with the self-confidence and the freedom to look beyond the continent of Europe and to the economic and diplomatic opportunities of the wider world.

 

Because we know that the referendum [to leave the European Union] was not a vote to turn in ourselves, to cut ourselves off from the world.

Accordingly, she announced that

Keep Reading…

Was CIA Director Brennan’s 1976 Vote for a Communist Just a Youthful Indiscretion?

This article appeared online at TheNewAmerican.com on Monday, September 26, 2016:

English: Founding members of the . Standing L-...

English: Founding members of the .Congressional Black Caucus

During a panel discussion Thursday at the Congressional Black Caucus Foundation’s annual conference, CIA Director John Brennan was trying to make the point that just because an individual has an “activist” background, that wouldn’t, or shouldn’t, keep him from working for the federal government in sensitive positions. After all, he said, the CIA hired him even after he admitted voting for a communist in the 1976 presidential elections.

In 1980, Brennan was trying to obtain a top security clearance for the Central Intelligence Agency, and part of the process involved taking a lie detector test. He was asked: “Have you ever worked with or for a group that was dedicated to overthrowing the US?” Brennan explained to the panel what happened next:

Keep Reading…

“War on Cops” Author on the “Ferguson Effect” & Black Lives Matter

This article appeared online at TheNewAmerican.com on Tuesday, September 13, 2016:  

There were so many shootings over the weekend in Chicago that the city’s CBS affiliate didn’t have all the particulars until after 8:00 a.m. on Monday morning. The station then added another shooting to the list just before going online with the depressing news: Eight people were killed and at least 33 others were wounded in Chicago between Friday evening and Monday morning.

The first homicide occurred

Keep Reading…

Is the State’s AG for Baltimore Carrying Water for Much Bigger Actors?

This article was published by The McAlvany Intelligence Advisor on Wednesday, June 8, 2016:  

An internet search for links to radical groups, membership in far-left organizations, degrees from leftist universities (i.e., Harvard Law), reveals nothing about Marilyn Mosby (shown above), the youngest chief prosecutor of any major city in the country.

Instead she appears to be a very bright, highly-regarded prosecutor who graduated magna cum laude from Tuskegee University with a BA in Political Science and a law degree from Boston College Law School. Her family traces its association with law enforcement back over five generations.

And yet she persists in prosecuting – some say persecuting – the six officers involved in the death of Freddie Gray back in 2015. The first trial ended

Keep Reading…

$3.6 Million for Baby Bou Bou; Nothing for the Fourth Amendment

This article was published by The McAlvany Intelligence Advisor on Wednesday, March 2, 2016: 

Last Friday a federal judge signed off on settlements totaling $3.6 million to be paid to the family of Bou Bou, an infant who was blown up in his crib during a no-knock raid in May, 2014. Said the family’s attorney:

Keep Reading…

“Ferguson Effect” Blamed for Increase in Violent Crime

This article appeared online at TheNewAmerican.com on Monday, December 28, 2015:  

James Comey

James Comey

In late October FBI Director James Comey said in a speech: “Most of America’s 50 largest cities have seen an increase in homicides and shootings this year, and many of them have seen a huge increase.”

Speaking at the University of Chicago Law School, Comey posed a couple of rhetorical questions for his audience:

Keep Reading…

Hermann Goering, #BlackLivesMatter, and Local Police Departments

This article was published by The McAlvany Intelligence Advisor on Monday, December 28, 2015: 

English: Derivitive of File:Grey SS uniform.jp...

English: Derivitive of File:Grey SS uniform.jpg showing the Gestapo field uniform with police colors. (Photo credit: Wikipedia)

Operating as Adolph Hitler’s Number Two man in charge of the Prussian police department, Hermann Goering began filling it with Nazi Party members. When it was merged with other local police departments, Goering wanted to name it the Secret Police Office but decided that its initials – GPA – looked and sounded too much like the Russian GPU. So instead he named it Geheime Staatspolizei – the Gestapo.

German tradition had favored local police, so when Goering demanded that the Gestapo have authority over all police departments in the country, he had to get permission from Hitler. Hitler agreed. Local police departments, for all intents and purposes, disappeared.

Is that what progressives and their allies in the media, the White House, and the Department of Justice really want?

Keep Reading…

Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.