Monday, January 9, 2012

Dog's Vomit

The 2007 trial of which Mark was convicted of raping Alejandra and Lorena Lara, was presided over by Judge Andrew G. Klein.       

Judge Klein recused himself from presiding over any other of Mark’s upcoming trials because Klein felt he could not do so impartially or without prejudice. Klein also made awful remarks about Mark off the record, I am told. Clearly this man needed to recuse himself, and thankfully he had the intelligence to do so. 

However, the appeal for the 2007 conviction recently went right in front of this very same man, judge Klein. The same man who recused himself because he could not make decisions in any further proceedings in Mark’s case without bias and his own personal feelings.

So it was no surprise that Mark’s appeal, whom Klein already admitted he could not deal fairly with, was denied. An appeal that introduced new evidence – the cover up of the extensive investigation of  Terry Wayne Smith by Officer Rusty Stuart.  Regardless that the prosecutors Susanne Cohen, William Clayton, Patty Stevens, and task team dics Alex Femenia, Mike Polombo, Mike Mieslish and others hid this report isn’t relevant for purposes of the appeal.  New evidence is new evidence, regardless of how it was found and cases are overthrown and new trials are ordered when there is new evidence this substantial.  

But like a dog returning to its vomit, Mark’s appeal went right back to the very judge who already admitted that his own personal feelings prevented him from being fair in regards to Mark.   

Scarey thing this thing they call our justice system. Seems more like the good ole boy system. 

As a dog returns to its vomit, so a fool repeats his foolishness. Proverbs 26:11