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Strike Three?

Edmond Brandy's first strike was robbing a Beef Bowl with a BB gun at age 19. While serving his sentence, he earned his second strike for his involvement in a prison yard fight. Brandy, now 32, faces 25 to life if he's convicted of his third strike.

Brandy has been charged with pointing a gun at another motorist in an alleged episode of "road rage." The California Highway Patrol traced the car to Brandy. Two months after the alleged incident, the police raided his house to search for a gun. They didn't find one, but they arrested him anyway.

The people in the car who say they were threatened can't get their stories straight. [more ...]

The victims’ descriptions of the gun that Brandy allegedly brandished are inconsistent. Arias and his girlfriend told the police they saw “a black gun with a round barrel.” However, Ray Monroy, the third victim sitting in the left rear passenger seat, described it as “a nickel-plated semiautomatic weapon with a square type barrel.” The district attorney’s office wasn’t able to produce Monroy as a witness at the preliminary hearing because he couldn’t be located.

Adrian Arias, the driver, couldn't positively identify Brandy at the preliminary hearing. So the prosecution has a shaky ID and inconsistent descriptions of a gun the police can't find. Why do they want to bring this case to trial? Even the judge at the preliminary hearing is puzzled.

Before sending the case to trial, Judge James O. Perez, who presided over the preliminary hearing, questioned whether the prosecution would be able to convince the jury beyond a reasonable doubt with the evidence it has.

“The burden of proving the defendant’s guilt beyond a reasonable doubt is not required in evidentiary hearings,” explained Judge Perez, who added, “If I were sitting in the jury, I wouldn’t vote for a conviction.”

Brandy should not be exposed to the risk of 25 to life on such meager evidence.

Since getting out of prison, Brandy has worked to change his life, dedicate himself to his family and help at-risk teenagers make the right decisions. ...

“Even a judge saw the lack of evidence in my husband’s case,” said [his wife] Raeleen Taylor Brandy, a behavior therapist for delinquent juveniles. “He’s never owned a gun in his life.”

Three strike laws compound the tragedy of wrongful convictions. Let's hope the prosecution decides to drop the charge before it goes to trial.

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  • Display: Sort:
    third strike? (5.00 / 1) (#1)
    by diogenes on Sat Aug 02, 2008 at 11:37:28 PM EST
    This guy:
    1.  Committed armed robbery when he was 19.
    2.  Was sentenced for a prison fight (prisoners need to be charged for prison violence to protect other prisoners; would you prefer that the guards look the other way and let the inmates fight among themselves?)
    3.  Is charged with a third crime.
    If there is no evidence then he'll be acquitted.  Thus, no third strike.  If he actually is still pulling guns on people then maybe he really is a recidivist dangerous hothead and needs 25 years in prison for the protection of those of us on the outside.

    Good for you to be so sure... (5.00 / 3) (#7)
    by kdog on Sun Aug 03, 2008 at 08:40:39 AM EST
    he'll be acquited...I don't have that much faith in the justice system, which is why I can't get down with 3 strike laws.

    Why is tha LA DA bringing such a weak he said/he said case to trial?  Do they get a bonus or a blue ribbon for a 3rd strike conviction or something?  It makes no sense...

    Looks like this guy made a terrible mistake at 19, no argument there.  Can't fault him for the prison fight though...in prison it's fight or die.  There is evidence he's turning his life around...he's got a job and a wife.

    By any sense of justice there is no way he should be up for 25 years.

    Everyone is talking about crime
    Tell me who are the criminals

    - Peter Tosh



    Parent
    Seems to me if a victim can't identify the (5.00 / 4) (#2)
    by PssttCmere08 on Sun Aug 03, 2008 at 12:05:11 AM EST
    alleged perpetrator, he should have been released and not charged...

    seems to me that you are (5.00 / 1) (#3)
    by CaptainAmerica08 on Sun Aug 03, 2008 at 12:07:47 AM EST
    a reasonable individual on matters of justice. Can't say that for everyone in this country.

    Parent
    Thanks Capt. I try to be....injustice anywhere (none / 0) (#4)
    by PssttCmere08 on Sun Aug 03, 2008 at 12:23:43 AM EST
    is my pet peeve.

    Parent
    Standard of proof for a preliminary hrg. (none / 0) (#5)
    by oculus on Sun Aug 03, 2008 at 12:30:52 AM EST
    bindover is low, although the prosecution has the burden of mtg. that standard as to (1) was the charged crime committed and (2) is defendant the person who committed it?  Did defendant make any inculpatory statements?  

    There is way to many people (none / 0) (#6)
    by qittieqat on Sun Aug 03, 2008 at 07:18:20 AM EST
    charged with crimes who are innocent. With NONE of the "victims" able to positively identify him AND the stories being different, it is a wonder that this case made it this far. maybe cops wanting to close a case. But that shouldn't be OK with the citizens of the area. The real culprit is still OUT there. Kick the guy free and look for the real perp.
    Just my humble opinion. Someone who has been accused of things in the past that I didn't do (non criminal)

    three strikes? it sounds wrong to me. (none / 0) (#8)
    by hellothere on Sun Aug 03, 2008 at 10:58:53 AM EST
    this guy doesn't sound like the brightest light bulb out there and probably not the ideal citizen either, but to take away his life for such flimsy evidence isn't right.

    court justice or injustice (none / 0) (#9)
    by Nonie on Sun Aug 03, 2008 at 11:46:26 AM EST
    California's courts are they the justice or injustice system? Not many reporters speak out of the injustice that minorities encounter in the court rooms anymore!
    Reading about the facts that were presented and the statement made by the Arias's and the judge, its sad to say that even though Mr. Brandy tried to avoid contacts with law enforcement;he made a new life for himself by working in a refinery,getting married, has a family to support, those in positions of authority along with society have labeled him deviant, no matter what accomplishments he has made to shed his past.
    What is our world coming to when anyone can call police and say he or she done this to me, and have law officers come to arrest you w/out evidence and your life is then turned upside down,over hear say evidence!??