Presumption of Innocence

Proof Beyond a Reasonable Doubt. It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance.

https://www.mad.uscourts.gov/resources/pattern2003/html/patt4cfo.htm

I’m sure a huge majority of American Citizens failed courses such as Civics or Government & Economics, or whatever flavor of “this is how elected positions connect together” since this basic tenant of their Human Rights are constantly misunderstood.

I’ve watched many YouTube videos about people being questioned by the Police department. I’ve seen them fall and repent under the constant pressure of basic officers upwards to grizzled detectives.

AttorneyTom did a reaction video called “Knowing Your Rights Can Change EVERYTHING”, where he does his best to not too worked up in defense of the person but he makes this specific point every time regarding interacting with the police:

These tests are not in your best interest. Field sobriety test is easy to fail if your sober. And guess what? If you pass them it doesn’t help you. It does not help your case. It can only hurt you. Remember, it’s the governments burden to prove beyond a reasonable doubt you are guilty of the crime they are alleging. You don’t prove your innocence. They have to prove you’re guilty. There is a difference.

AttorneyTom, Knowing Your Rights Can Change EVERYTHING, 6:10
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Unfortunate Shock and Awe

Ahh, Fall. 22 of September, 2021. I was supposed to have court today but lawyers felt like it could be delayed another 3 months.

The first day of fall started off as any odd day would. Molly and I decided to take the newly minted 3-year-old to the Strong Museum of Play, eat some food and then come back to Buffalo. We jumped on the 490 in Rochester, sailed west to hook up with the Interstate 90, and then cruised at the normal pace. Due to the gas tank being a bit low we decided to turn into the reservation at Pembroke and fill up.

Travelling northbound into Indian Falls Molly noticed a tan pickup truck on the right side of the road, and I had noticed a huge white semi truck in the field and what appeared to be a mess/entanglement of a vehicle below the rear of the truck. We did not realize what we were driving by, and we thought it odd for such a situation to exist. Obviously there were not emergency vehicles around, no sirens or lights, and we were both questioning what we thought we saw, arguing over the existence of the semi truck/pick up truck. Regardless, we drove the next 4 miles off to the reservation, got some gas, and then departed.

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Overwhelming Compassion

In my randomness of youtube videos that play in the background while I mindlessly work I found one that seemed harmless. Little did I know this would be another one of those difficult videos.

The first video is about Daniel Villegas who was incarcerated for 25 years, which started from a false confession at 16 years of age.

The second one turned me into tears. It was about the sentencing of Trey Alexander Relford who pled guilty to robbing and murdering Salahuddin Jitmoud, a 22 year old Pizza Delivery Driver. The father, Abdul-Munim, was able to make a statement before sentencing, and that statement is something that every person wants to say but has more trouble finding the justification:

“Trey Alexander Relford. I feel so, so sad for you that you have to be in this situation. I wish I could help you as I helped my son to be a good citizen. If Salahuddin were to be here, if he alive he would forgive you. That’s the way he was, that’s the way he is. I’m not angry at you for being part of hurting my son. I’m angry at the Devil. I blame the Devil (the Devil) who misguided you and misleading you to do such a horrible crime. No I don’t blame you. I’m not angry at you at all. I want you to know that. I forgive you on behalf of Salahuddin and his mother.”

Then Mr. Relford made a statement apologizing, admiring what a father could do and not comprehending the pain of losing his own 4 year old daughter. He thanks him for his forgiveness, and they proceed to openly shake hands, then embrace.

The third one is about James Roeder and his wife Ashley. Ashley was pregnant during the robbery, and the judge placed a no contact order. While they were separate Ashley gave birth, and the Judge allowed, contrary to the no-contact order, a temporary exception for James to meet his son. He was sentences to 4 years, and Ashley got probation.

The fourth and final is about a Justice of the Peace and the marriage of Dean Berkenhoff and Monica Morrison. There was an objection at the end, and it was because of the need to want Colton Berkenhoff present. Colton was their 11 year old son who passed away suddenly in 2012, and his organs were donated. The ceremony revealed the heart recipient, where mom and dad got to hear Colton’s heart again. Simply an overwhelmingly emotional event.

And there is where some of my tears went.

#allthefeels