17 February 2010

KingCast responds to Juror comment at Revere Journal: It was a lucky day for Edmond Zabin.

Here is the Juror's comment posted in "Policing the Police" amongst the running commentary and my response noting it was a lucky day for Prosecutor Edmond Zabin. It is all flashed in the comments. I will say this again to be clear: I did not have a horse in this race, but it is remarkable that the State was able to pull a conviction based on the set of facts it was working with. While Peter Krupp is an awesome attorney, Zabin is the awesome-est 'cos he can win a trial with bad facts in his sleep!

I always had to stay awake to win mine :)


Christopher King said...

AJuror [Moderator] 4 hours ago

I was a juror in this trial. We all found the police behavior reprehensible from the moment they left the shooting range right through the trial. Every mistake possible was made via poor judgment. Several actions that could have ended the incident were never attempted ... How about " We're cops , get moving" Or why even bait the kid at all as he was minding his own business. Dan Talbot used gang hand signs and taunted with yelling " blood killer" ...

Then there is the tampering with evidence by removing the 2 guns from the murder scene. The Fleeing of Franklin and being picked up 3 blocks away from the HS by a cop who was responding to the very call.. who drove Franklin several blocks to get away from the school .. it just goes on and on... and the final punishment for the 3 cops were one firing and the others had to work 5 days without pay ..... This all was a big black eye for the Revere police indeed.


My response:

All of that is true, but to me the issue of the spent casing on the Gatorade bottle is even more disturbing:


.......along with the fact that the first sweep didn't produce any 9mm casings that were subsequently found right out in the open, plus the failure to search, or even request to search Evan Franklin's residence (after he leaves two women and puts his tail between his legs and runs away like a puppy that peed itself) plus the proffered testimony of Michael Racca, who to this observer most definitely DID NOT appear to be a shady dirtbag like the State's witnesses.

He's a kid trying to live his life right and that comes through in his delivery.


There is a HUGE problem with New England LE picking up spent shell casings and doing whatever the hell they want to with them even though protocol specifically tells them not to. Here's NH's AG protocol:

Officer Deadly Force Policy IV B(f):

“Ensure that guns are not opened, loaded, unloaded, shell casings removed, or in any other way tampered with….”

But then let's see what really happens, shall we?


It was a lucky day for Edmond Zabin.

Anonymous said...

With that all said by the Juror!! How in the hell was Bobby Iacoviello found guilty?? That's what I want to know!!!

Anonymous said...

hopefully not so lucky on the appeal YIBRO

Christopher King said...


As I say, I take what the jurors offer at face value, but I read a little between the lines and I think the Jury thought Bobby shot, and once you have a dead cop on your hands there is a natural inclination to want to convict, despite all of the major -- and I do mean MAJOR -- problems in the case.

It's almost similar to "distancing" when jurors, especially female jurors, don't want to convict for rape because it's too close to home. Studied that extensively with Kevin McMunigal, Esq.

-The KingCaster.

Christopher King said...

PS: Here is a 1982 Cincinnati Magazine story on the prosecutorial difficulties of trying a rape case that typically inure to the benefit of the Defendant, contrary to the prosecutorial advantages owned when the State goes after an alleged cop-killer.

-The KingCaster.