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    MembersZone Subscriber MalahatTwo7's Avatar
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    Default My Lawyerese Sucks

    Its times like this when the insights from Bob Compton are really sadly missed.

    Trial To Determine If Child Torturer Stays In Jail

    POSTED: 6:40 am EDT September 18, 2008
    UPDATED: 6:43 am EDT September 18, 2008

    HAGERSTOWN, Md. -- A kidnapping trial set to open in Hagerstown could determine whether a man who enjoyed torturing children remains behind bars.

    John Kroll, 58, has served 28 years for kidnapping and sexually assaulting a 9-year-old Allegany County girl in 1980.

    But the courts voided those convictions and the life sentence they carried after finding in 2005 that the sexual assault occurred just over the state line in Pennsylvania.

    Kroll can't be retried on the sexual assault charge, but prosecutors hope a conviction for kidnapping will add 30 years to an expected 10-year sentence for another assault. After accounting for time served, that could keep Kroll locked up for another 12 years.

    Copyright 2008 by The Associated Press.


    But the courts voided those convictions and the life sentence they carried after finding in 2005 that the sexual assault occurred just over the state line in Pennsylvania.
    What do they mean by "voided those convictions"? Are they trying to say that "This event did not happen, and we can neither confirm nor deny that this person ever served time for any crimes."?


  2. #2
    Forum Member MTKROUSH's Avatar
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    Quote Originally Posted by MalahatTwo7 View Post
    Its times like this when the insights from Bob Compton are really sadly missed.

    Trial To Determine If Child Torturer Stays In Jail

    POSTED: 6:40 am EDT September 18, 2008
    UPDATED: 6:43 am EDT September 18, 2008

    HAGERSTOWN, Md. -- A kidnapping trial set to open in Hagerstown could determine whether a man who enjoyed torturing children remains behind bars.

    John Kroll, 58, has served 28 years for kidnapping and sexually assaulting a 9-year-old Allegany County girl in 1980.

    But the courts voided those convictions and the life sentence they carried after finding in 2005 that the sexual assault occurred just over the state line in Pennsylvania.

    Kroll can't be retried on the sexual assault charge, but prosecutors hope a conviction for kidnapping will add 30 years to an expected 10-year sentence for another assault. After accounting for time served, that could keep Kroll locked up for another 12 years.

    Copyright 2008 by The Associated Press.




    What do they mean by "voided those convictions"? Are they trying to say that "This event did not happen, and we can neither confirm nor deny that this person ever served time for any crimes."?


    Ok. I speak decent lawyerese. Voided the conviction doesn't mean the crime didn't occur. In this case it means that NIMBY philosophy applies. Not In My BackYard. Crime occured in Pennsylvania therefore Maryland didnot have jurisdiction try or keep skillet locked up for it.
    To err is human, To forgive divine and at times I am as much of both as you will ever find

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    Does that mean that "skillet" is fair game for anyone that just happens to have shotgun,8 rounds and a bucket of hot tar?

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    MembersZone Subscriber MalahatTwo7's Avatar
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    Quote Originally Posted by doughesson View Post
    Does that mean that "skillet" is fair game for anyone that just happens to have shotgun,8 rounds and a bucket of hot tar?
    No kidding. There is going to be one very unhappy family over this. Not like they were not upset before, but .....

    And I also suspect that since Maryland did the initial trial, the statement "can not be tried again" suggests that even if the family moved for a trial in Pennsylvania, it would not fly?
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    Forum Member MTKROUSH's Avatar
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    Quote Originally Posted by MalahatTwo7 View Post
    No kidding. There is going to be one very unhappy family over this. Not like they were not upset before, but .....

    And I also suspect that since Maryland did the initial trial, the statement "can not be tried again" suggests that even if the family moved for a trial in Pennsylvania, it would not fly?
    I would imagine that if charges were pursued in PA then our friend "skillet" would end up as an invited guest of the PA Department of Corrections for a long long time.....A conviction being voided due to no jurisdiction is not an aquittal. If PA wanted him they could go right ahead and get him. But I like the shotgun 8 rounds and tub of tar approach
    To err is human, To forgive divine and at times I am as much of both as you will ever find

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    Just remember the rule for dating a firefighter's daughter which says:"I am trained in emergency medicine.The sight of blood does NOT bother me."
    I know a guy who has been arrested for allegedly fondling a child.
    If he is truly guilty,I'll be first in line to start the constant axe whippings he will receive.He also was a boss and fired me for no reason other than he was having a bad day.
    If he is innocent,I know where he is coming from as a former girlfriend's daughter accsued me of similar things when I refused to let her stay out with her friends past the time decreed by Momma for her to come inside.It can happen to you,you and you,too.

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