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November 19th, 2008, 07:16 PM #1
U.S. Attorneys Can't Prove Gun is a Gun
Is this f up or what
http://www.officer.com/online/articl...ion=1&id=44217
OMAHA, Neb. --
A unique case in an Omaha courtroom involved U.S. attorneys trying to use an unusual method to convict a man.
KETV in Omaha reported that attorneys had a conundrum on their hands -- they had the evidence to prove the convicted felon was in possession of a gun, but they couldnt prove the gun was a gun.
What attorneys had on their hands was an American double-action revolver that was manufactured between 1880 and 1941.
The problem is that federal code states that the weapon is not a firearm unless it was manufactured after 1896. Without a definitive production date, the gun was inadmissible as evidence.
At the time, the attorneys were trying to charge Lawrence Ray Cook with possession of the weapon.
Omaha police picked up Cook last September after a hit-and-run crash. U.S. attorney Joe Stecher said that Cook left the scene but he flagged down officers later to tell them he caused the crash.
His testimony was that he swerved to miss two pedestrians and he hit another car. And as he was driving away they threw the revolver in the back of his car through the open window, Stecher said.
The attorney said that Cook couldn't explain how the revolver got into his pocket.
However, it didn't matter because attorneys couldn't prove what Cook had was a gun.
But they proved something else instead.
Two rounds of live ammunition and an empty casing gave us the ability to prosecute for felony in possession of ammunition, Stecher said.
The jury convicted Cook and added another charge to his record. It includes forgery and burglary.
Terroristic threats, two counts of confining, a personal assault on an officer, he's an armed career criminal, Stecher said.
Prosecutors had the ammunition to convince a jury Cook should go to federal prison for 15 years.
Hes scheduled to be sentenced next January.
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November 19th, 2008, 07:22 PM #2
Re: U.S. Attorneys Can't Prove Gun is a Gun
UNREAL..... i'm convinced that common sense has left the building.
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November 19th, 2008, 07:46 PM #3
Re: U.S. Attorneys Can't Prove Gun is a Gun
if they want you bad enough , they will get you on something.
Don't blame me ; I voted for an American .
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November 20th, 2008, 09:24 AM #4
Re: U.S. Attorneys Can't Prove Gun is a Gun
What kind of shoes was he wearing? If he had shoelaces, he was in posession of a machine gun. http://www.thehighroad.org/archive/i.../t-163966.html
Go sell crazy some where else, we're all stocked up here.
Political power grows from the muzzle of a gun.
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November 20th, 2008, 10:05 AM #5Senior Member
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November 21st, 2008, 02:41 AM #6
Re: U.S. Attorneys Can't Prove Gun is a Gun
and the government would tax it.
The last thing I want to do is hurt you... but believe me, it's on the damned list.
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November 21st, 2008, 05:03 AM #7
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November 21st, 2008, 06:00 AM #8
Re: U.S. Attorneys Can't Prove Gun is a Gun
The thing wasn't made in time so it's just not a gun, and it's that simple. Thank you law!
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