If there were ever a cut and dried cause to dismiss a case ...

freesw · 01-16-2012, 20:39

... this is surely it:

...

Ryan Jerome, a 28-year-old former private first class whose father and grandfather were Marines, faces three and a half years in prison after being arrested Sept. 27 for carrying a .45-caliber Ruger that was legally registered in his home state.

Jerome, of West Bend, Ind., had approached security officers at the Empire State Building to check the weapon before he was taken into custody, according to his attorney, who said it was the man's first visit to New York City.
...

"It’s plainly obvious to anyone who looks at the facts and circumstances of this case that he made an honest mistake and was looking to follow the New York laws and be responsible," Bederow said. "He tried to be careful – that’s the irony here."

Jerome, who has not been indicted, could face three and a half years in prison if the case goes to trial and he is convicted of carrying the weapon under New York State law.

Jerome's fellow Marines, meanwhile, have organized an online campaign to persuade Manhattan District Attorney Cyrus Vance to drop the charges against him.

Boston lawyer and veteran Marine Dave Bruce has organized an online petition through the website leatherneck.com that plans to send its first 14 e-mails to Cyrus, New York City Police Commissioner Raymond Kelly and Mayor Michael Bloomberg, the New York Post reported.
...

A Facebook page, called "Free Ryan Jerome," has also been created in the hopes that Jerome -- a TOW gunner before his honorable discharge in 2005 -- will be cleared of the charges.

Bederow said Jerome had become a licensed precious metal jeweler in Indiana just prior to his trip to New York in September. He said Jerome drove to the state with his girlfriend to visit a Long Island-based refinery he was interested in possibly doing business with. He was carrying $15,000 worth of gold, according to Bederow.
...

Marine Arrested For Carrying Indiana-registered Handgun In New York Made 'honest Mistake,' Attorney Says | Fox News

At the most, they should let him off with a Class C misdemeanor and a ticket.

NCLivingBrit · 01-16-2012, 20:46

When you get a concealed carry licence YOU bear the responsibility to know the laws of any and all jurisdictions you travel through and into.

freesw · 01-16-2012, 21:15

True, and ignorance of the law is no excuse, and anyone who doesn't know about NYC's draconian gun laws has been living under the proverbial rock, but still ... the DA should exercise some discretion and drop the case or bargain it way down.

On the other hand, thousands of people go to prison for no good reason at all every month. We're Number One, with the world's highest incarceration rate.

April 23, 2008

The United States has less than 5 percent of the world's population. But it has almost a quarter of the world's prisoners. ...

U.S. prison population dwarfs that of other nations - The New York Times

We didn't achieve this distinction by exercising judicial restraint. And after all, there's lots of money to be made running folks through the legal gauntlet.

Too many DAs think they have to be overzealous to make their reputations. The public should demand they put common sense and real justice first, instead of maximizing conviction rates.

magnomark · 01-22-2012, 12:08

"On the other hand, thousands of people go to prison for no good reason at all every month. We're Number One, with the world's highest incarceration rate."

They do go to [prison ]for a good reason-HOWEVER NOT FOR CRIME,unless it is for the criminally administered legal system known as commercial law.Putting people in prison is just good business-especially if you are part of the legal system!More jobs,promotions,supplies to keep the system going.And self perpetuating-just create another law that people have not been informed about this week!That is how judges,lawyers, cops,and kenyans keep their positions!More money for their general fund !

.[/QUOTE]