Judge Neil Candelaria will decide whether or not to proceed with a trial, and if so, on which of the various charges named. Note: Judge Neil Candelaria is a former police officer who was a judge in Metropolitan Court and the criminal division of District Court before his retirement.
(The background of the preliminary hearing and FAQs, koat.com)
Timeline of James Boyd Case, kob.com, including ‘In July, the family and estate of James Boyd reaches a $5 million settlement with the city of Albuquerque and Albuquerque Police Department’, as well as Peace Officer Sandy’s recorded voice saying that he was going to ‘shoot him in the penis with a shotgun here in a second’.
“If I pull a gun on you, Judge, and you pull a knife on me, I don’t get to shoot in self-defense because I started the fight.”
@505crush Lead investigator in #JamesBoyd case admits Perez & Sandy where not separated and were not interviewed until two days later.
(Russell Contreras above)
505crush From McGinn’s line of questioning, officers must have tampered with video evidence in #JamesBoyd investigation. We media knew it long ago.
@gburkN Forensic expert says 2 out of 3 shots from Keith Sandy hit #JamesBoyd. Then Perez shot 3 times
Photos of James Boyd’s clothing showed he was wearing five layers…
@BurqueMedia: Sandy lies about saying he’d shoot #JamesBoyd in the penis. Witness says Sandy admitted to something he didn’t say
@gburkNM: Forensic expert just testified he has “no doubt” #JamesBoyd turned body when officers fired shots at him.
@gburkNM: State points out #JamesBoyd‘s last words were that he trusted officers, before they threw flash bang.
@BurqueMedia: and I haven’t heard much of anything unintentional,” Judge Neil Candelaria.
505crush – APD Chief Eden Gives Us The Eyebrow Raiser Of The Week – http://joemonahansnewmexico.blogspot.com #JamesBoyd #APDCOVERUP
”The eyebrow easier of the week was easily when APD Chief Gorden Eden said he has never read the criminal investigative report on the killing of homeless camper James Boyd, despite it arguably being the most famous slaying in the department’s history. Eden made the statement in testimony at this week’s preliminary hearing where it will be determined if two APD officers will stand trial on charges in connection with the Boyd shooting. He later explained why he has not read the report, but that explanation puzzled many, including ABQ attorney Tom Grover who writes:
”He’s trying to say he can’t look at the report because if he did he’d violate the officers’ due process rights for administrative investigations. First, it doesn’t apply to at all to former APD officer Keith Sandy because he’s no longer employed by APD. Regarding officer Perez, we’re talking about the criminal investigation of the shooting of Boyd NOT the administrative investigation of Perez for misconduct. The administrative investigation of a public employee’s misconduct always follows the criminal investigation because statements by officers in administrative investigations are compulsory–an employee who refuses to answer can be fired for simply not answering. Lastly even if there were something that would pose a conflict, Eden as Chief of Police can assign authority to discipline Perez to a deputy chief or to the city’s chief administrative officer. For Eden to come off as so uninformed about this event and again to misstate a legal issue (remember, he at first called the Boyd case a justified shooting) shows how little has changed with APD.”
@krqehaley: The defense arguing for judge to put involuntary manslaughter charge back on the table.
@courtchatter If this proceeds to trial, defense could be in trouble by judge dismissing the Involuntary Manslaughter charge (least of chrgs)
“The judge dropped involuntary manslaughter charges against now-retired detective Keith Sandy and current officer Dominique Perez. But that still leaves second degree murder, voluntary manslaughter and aggravated battery charges pending.
Attorneys for both men asked the judge to dismiss all charges against them. The defense argues James Boyd never surrendered and threatened officers with knives.
Special prosecutors argue Boyd was doing what officers asked and leaned toward the ground before officers shot him.
The judge says all the evidence he’s heard so far is pointing towards both men intentionally pulling their triggers and firing the fatal shots at Boyd.”
@krqehaley: Neighbor says he feared for his safety when Boyd was camping near his home. #JamesBoyd
@NancyLaflinKOAT: Witness: containing subject in darkness in best of circumstances extremely difficult #jamesboydcase; Defense witness: all less lethal options, flash, taser, dog all failed.
Defense: Perez responsibility was protecting fellow officers
@krqehaley Witness says it takes three quarters of a second for an officer to recognize if deadly force is needed
State: police are not at war. Here to serve n protect
Irony beyond belief; cognitive dissonnce much?
@NancyLaflinKOAT Defense witness: No indication Boyd had surrendered
No, we was simply lying face down on the ground, right leg twitching when the K-9 attacked him again.
Holy Shit! Say it ain’t so; I’d had two of his videos* ready to offer at the end of the post, just to remind you all of Dave Grossman’s soul brother (the developer of the ‘Killology’ website) I’d featured on my Aug.2 post. The State (prosecutor) had been trying to get him excluded; small wonder. And had I actually read the entire NYT piece, I’d have known he’d be on the stand. One tweeter in court is calling him ‘The Angel of Death’. But hell’s bells; the defense apparently has days’ worth of defense witnesses to bring yet, a total of 28. And here I’d imagined they’d end with Lewinski’s Big Guns, so to speak…
Aaaaaand…here’s Sleeps-in-a-Coffin Lewinski himself:
“Officer Johannes Mehserle was the cop who shot Oscar Grant in the back in the video above. Grant was unarmed and presented no threat to the cops. Mehserle’s defense called in Lewinski to convince the jurors that this was not murder and that Mehserle feared for his life. They were successful in beating the murder charge. Mehserle was found guilty of the lesser charge of involuntary manslaughter and was out of jail after only 11-months.
@rboetel McGinn questioning William Lewinski in attempt to exclude his testimony. She’s questioned his education, research and bias in favor of cops. Lewinski said his research is done for the benefit of police. When asked, he said he considers himself part of defense team, who hired him.
@505crush Lewinski may have violated NM law by misleading the public as to being a licensed Dr. of Phycology. He is not. (does crush mean ‘psychology’?)
(His website says: “Dr. Lewinski is a behavioral scientist specializing in law enforcement related issues. He has a Ph.D. in psychology with a concentration in police psychology”)
@rboetel Judge allows Lewinski to speak to action/reaction time. Excludes him from speaking of memory and officer perceptions.
@NancyLaflinKOAT State says new witness, Lewinski testimony on police shootings hogwash; Video of shooting in court again; Defense witness now going over shooting/reaction time frame by frame ; Judge getting confused over math calculations of witness; Defense shows video how quickly Boyd turned n shots fired from Perez
.@BurqueMedia Lewinski saying citizens need training to judge police officers actions.
@NancyLaflinKOAT: Defense: someone w deadly weapon, higher ground more dangerous; State: we’re not actually teaching officers to shoot someone just standing there w knife? Answer: no
Defense showing edged weapon training video. State objecting; Judge now says edged weapons video excluded after watching opening scenes
Both sides debating Tueller Drill (use of force/distance between officer n armed person)
@Burque Media Productions: Defense continues to ignore the fact that the officers closed the distance between themselves and Boyd. Boyd did not. In addition, he now seems to be recreating a different sequence of events. We’ve all see the video and I don’t recall this high-handed move.
Court in recess until Aug 17th
*Psychologist William J. Lewinski is ‘Training Officers to Shoot First, and He Will Answer Questions Later’, from the NYTimes.
“He has appeared as an expert witness in criminal trials, civil cases and disciplinary hearings, and before grand juries, where such testimony is given in secret and goes unchallenged. In addition, his company, the Force Science Institute, has trained tens of thousands of police officers on how to think differently about police shootings that might appear excessive.”
“unarmed doesn’t mean not dangerous”
“Oh, those martial artists who can inflict mortal injuries with just body parts!” “Two hundred beats a minute under stress!” Oh, the math he brings! Because: furtive movements can result in charging officers!.