Steve Edward Hannah |
Steve Edward Hannah had all charges dropped against him after spending a year and four months in jail. Hannah had plead not guilty by reason of self defense in the shooting of his neighbor, Mark Edward Brochu. Brochu had gunshot wounds to his back, and was found on Hannah's property about 30 feet from Hannah's home. Hannah had called 911 to report the shooting, and flagged down Alaska state troopers when they arrived. Neighbors said that Brochu had repeatedly been trespassing in the neighborhood. Brochu has a criminal history . Brochu assaulted an officer in 2011. From newsminer.com:
FAIRBANKS — The case against a 30-year-old Fairbanks man accused of shooting his neighbor in the back last year was dropped this week halfway through jury selection in Fairbanks Superior Court.If Hannah had come up with bail, he would not have been in jail. Unfortunately, this type of case is not uncommon. You have to wonder just when the prosecutor knew that he had no case. Was this a case of punishment by process?
Assistant District Attorney David Buettner said he made the decision Tuesday morning after he spoke with his investigator and the victim during a break and concluded the state did not have sufficient evidence to disprove self-defense beyond a reasonable doubt.
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Gun Watch
he needs to sue all & sundry for false arrest, false imprisonment and assault!
ReplyDeleteIf the prosecutor was the source of any delays in bringing this case to trial then this was more likely than not a case of "punishment by process." If a civil suit against the prosecutor is possible, it would be winnable.
ReplyDeleteProsecutors have incredibly broad immunity.
ReplyDeleteThey can lie, solicit false witnesses, and act in bad faith.
As long as they dismiss the charges before trial, they are immune.
The Supreme Court ruled this to be so.
"Firming up what had long been held as common practice, the U.S. Supreme Court in 1976 ruled in Imbler v. Pachtman that prosecutors cannot face civil lawsuits for prosecutorial abuses, no matter how severe."[1]
A year and four months in jail is denial of due process in receiving a speedy trial a civil rights violation for denial of a speedy trial I hope this guy sues for the max of 15 million and demands that prosecutor be disbarred for abuse of authority If there is no reason to file charges that is a false arrest and equal to criminal kidnapping. Kidnapping can get you 20 years to life or death. Prosecutors should be held accountable. A year and four months in a sewer that he did not belong in. Let that prosecutor serve the same sentence. He would not live through it. Personally I think If I had shown that I could do the time I would find that prosecutor and take out 16 months of anger on his wimpy ass.
ReplyDeleteExcessive bail on a charge that was dropped violates the constitution amendment six. It also violates the eighth amendment at 15 million per we may get this guy enough money to buy his own state. If I owned my own state I would probably hang judges and attorneys for standing up or sitting down maybe just for breathing.
ReplyDelete