Thanks Roy, quite chilling indeed.
I take it the Ft Myers case occurred prior to the new laws in Florida regarding 'criminal and civil immunity' in bonafide self defense actions?
Or would it have made any difference?
Then the court battles to keep out "experts" who can explain combat and describe the cognitive and physiological features that can help educate the jury and help them make valid conclusions from the evidence presented.
We have seen this problem even here on the forums in the past when I would bring out the value of certain experts…
What is the threat feared by the use of experts?
For this reason, cops need to "ask the right questions" and many of them don't. As part of our criticism of the criminal justice system we must be aware that police are not trained to get exculpatory information, only inculpatory information. It isn't the cops; it is built into the investigatory system starting at the academy level. So--once an officer arrests someone, with few exceptions a prosecutor WILL prosecute that someone; often rabidly and viciously.
Most of us will fall prey to this legal aberration to be sure in the emotional chaos of the aftermath while in the clutches of police interrogators, and will be persuaded to blabber about just about anything.
How can we train our emotions not to help imprison us forever?
This he did in the face of an aggressive prosecutor AND judge who pigeonholed him every step of the way. I am certain that without the exceptional representation of Mr. Connors, Lopes would have gone to Prison for Murder.
You confirm that the courts/legal system are the real enemy. It seems that fighting judges' ineptitude is a losing battle to say the least.
And most defense lawyers don't have the skills of an attorney such as John Connors. And even if finding one…the cost of defense alone can impoverish one _of his life savings.
What can a person really do to protect himself in the face of such foreseeable oddities?
We presented a model of force, and discussed critical incident stress, we invalidated the police interview (due to the timeframe in which it was taken) and showed artifacts of physiological response to life/death situations exhibited by Gus during his initial statement.
This is interesting that you were able to invalidate the police interview/confession…if you will…because of the timeframe of it following the event. But it must have taken lots of work to undo this serious problem all of us will face in the aftermath.
As one of the oldest sciences in the world, combat stress and the fight/flight response is all too often still viewed by the court as a "junk science," a testament to how out of touch most folks in the criminal justice system are with respect to understanding self-defense and the physiological effects one experiences when fighting for his life.
So true. You might recall we saw the same incredulity here on my forum years ago when I first introduced the fight or flight phenomena…in fact some Uechi people rebutted that such things did not apply to Uechi masters and so on.
I would also agree that many criminal defense lawyers don't have a clue to this essential knowledge and need to be schooled to remain effective in the court room against aggressive ignorant judges and prosecutors hell bent at making a name for themselves, at the expense of an innocent defendant.
Is there a way to hold such legal servants responsible for their capriciousness?