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re: AJ Johnson

Posted on 2/12/15 at 5:46 pm to
Posted by Prof
Member since Jun 2013
42620 posts
Posted on 2/12/15 at 5:46 pm to
quote:

We won the two SECCG's while I was at UT, young lil bitches!





We won the Natty when I was there.













Ok that's just mean but I thought I'd lighten the mood a bit. Sucks about AJ. But if he's guilty throw the book at him. Hell throw him under the jail. If he's innocent then I wish the opposite.
Posted by SavageOrangeJug
Member since Oct 2005
19758 posts
Posted on 2/12/15 at 6:02 pm to
quote:

Both aj Johnson and Mike Williams were indicted by the grand jury

You can get the grand jury to indict a rock.

They did a rape kit. They had the phones. They took DNA swabs. I still believe if they had any real evidence the KPD would have arrested and charged them long before now.
Posted by Ancient Rome
Rocky Top
Member since Oct 2014
1584 posts
Posted on 2/12/15 at 8:43 pm to
quote:

KPD would have arrested and charged them long before now.



Noob here.

Wouldn't the DA decide whether to arrest and charge them, not KPD? Which is why the DA chose to present everything they had to the grand jury?
Posted by SavageOrangeJug
Member since Oct 2005
19758 posts
Posted on 2/12/15 at 9:56 pm to
quote:


Wouldn't the DA decide whether to arrest and charge them, not KPD

The police can make an arrest and bring charges at anytime they feel there is sufficient evidence that a crime has been committed.

People are arrested and charged with serious crimes including rape on a daily basis without the DA being involved beforehand.

In most cases people are arrested, charged, and receive a preliminary hearing before their case is sent to the grand jury to seek indictment.
Posted by Prof
Member since Jun 2013
42620 posts
Posted on 2/12/15 at 10:37 pm to
quote:

Noob here.

Wouldn't the DA decide whether to arrest and charge them, not KPD? Which is why the DA chose to present everything they had to the grand jury?


In a case like this, absolutely. Well except for the arresting part in most crimes. The stigma/lack of giving shite about rape until recently has led to police taking their time and reporting to DAs. You can't even say that's because it's he said/she said as most muggings are he said/she said but they're charged immediately if caught dead to rights.

ALSO, it takes time to build a rape case, especially with DNA and the skepticism of jurors when there aren't witnesses and DAs take their sweet time. It's changing, of course, but unless you have them on tape or they confess it's exceedingly difficult to ever get a conviction.

Other cases, police often file charges BUT DAs determine whether to bother. Right now though, rape is different - don't know if it's because it makes uncomfortable or whatnot, but it def. is, especially because there's rarely a victim who fits the ideal (most rapes are acquaintance rapes). Stranger rape is very different.

The entire US has an issue with this crime.

And one other thing: due to the time it takes to build a rape case there are procedural things to consider that prevent DAs from moving too fast.
Posted by Ancient Rome
Rocky Top
Member since Oct 2014
1584 posts
Posted on 2/12/15 at 10:44 pm to
Cool, thanks guys.

My extensive criminal justice experience extends to the occasional Law and Order SVU marathon on USA.

Good info.
Posted by SavageOrangeJug
Member since Oct 2005
19758 posts
Posted on 2/13/15 at 6:27 am to
It is extremely unusual for suspects in serious crimes to remain free and uncharged when there is a lot of physical evidence, high profile or not.

They do not have a strong case or arrests would have been made charges filed months ago.
Posted by Supravol22
Member since Jan 2011
14411 posts
Posted on 2/13/15 at 6:50 am to
None of us know what really happened or what evidence they have.

It will come out during the trial and then we will see.

I do think the KPD purposely gave this case to the DA without making an arrest because of how sensitive this case is. The KPD wanted to let the DA take the blame if something is botched etc.

From what I have heard regarding what happened, it's very similar to the Vandy rape case. There's a reason they took a computer and phone during the search.
Posted by SavageOrangeJug
Member since Oct 2005
19758 posts
Posted on 2/13/15 at 7:57 am to
quote:

From what I have heard regarding what happened, it's very similar to the Vandy rape case.


Should that turn out to be the case, they need to go away for a few decades.
Posted by Wishnitwas1998
where TN, MS, and AL meet
Member since Oct 2010
58108 posts
Posted on 2/13/15 at 10:52 am to
I don't like the way all this sounds as far as AJs innocence but it's important to remember that a grand jury indictment in no way shape or form indicates any level of guilt

Also, in the state of Tenn bc of how the legal system is set up a case can be turned over to a grand jury bc the defendant's attorney WANTS that as opposed to just dealing with a judge directly. There can be various reasons for this desire and I don't want to mess with typing it all but one of them is the judge that AJ would've gotten might be a total dickhead or one his attorney didn't get along with so you motion for a grand jury and if they indict you are back where you started just with a different judge
Posted by Prof
Member since Jun 2013
42620 posts
Posted on 2/13/15 at 2:19 pm to
^^The reason a defense attorney may want a Grand Jury is because a GJ is purely the prosecutions show. The defense does nothing but watch. HOWEVER, it can force the DA's hand and reveal both strategy, testimony, and evidence some of which might not come out until trial despite discovery rules.

IOW, if the DA tips his/her hand in a GJ proceeding it helps the defense build a much stronger defense as they know where the prosecutor's going and how to defend it. Even if the DA plays it close to the vest there's still a lot a good defense attorney can learn about where things stand.

The same is not true if you just go before the judge.
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