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Main Forums => The Roundtable => Topic started by: Hawkmoon on December 21, 2010, 01:00:39 PM

Title: Brian Aiken sentence ... commuted
Post by: Hawkmoon on December 21, 2010, 01:00:39 PM
http://www.foxnews.com/politics/2010/12/21/christie-commutes-sentence-man-sent-jail-owning-guns-legally/commutes/

And NJ Governor Christie is an all-time wimp. Instead of granting an unconditional pardon, which would have been the logical and moral thing to do, the governor merely commuted the sentence. Which means that Brian Aiken gets out of jail, but still has a felony conviction that will bar him from ever touching a firearm ... as well as lots of other less than joyous consequences.

I hope Mr. Aiken continues to appeal his conviction so he can have his rights fully restored.
Title: Re: Brian Aiken sentence ... commuted
Post by: cassandra and sara's daddy on December 21, 2010, 01:06:53 PM
he might have to actually testify in court to make that happen  hope hes learned how to keep his mouth shut when appropriate while he had time to reflect.  a pardon will be an uphill fight
Title: Re: Brian Aiken sentence ... commuted
Post by: MicroBalrog on December 21, 2010, 02:40:29 PM
He's stated he's planning to appeal, I think.
Title: Re: Brian Aiken sentence ... commuted
Post by: Hawkmoon on December 21, 2010, 05:21:06 PM
He was arrested and convicted on state charges, not federal. Now that Christie has opted for commutation, I'm sure there's zero chance of a pardon. Which is just plain wrong. So I hope he continues his appeal, and I hope he prevails.
Title: Re: Brian Aiken sentence ... commuted
Post by: never_retreat on December 21, 2010, 05:40:20 PM
This has a lot to do with trying not to have everyone look at that judges other convictions.
The judge is a crook thats why we was recently removed from the bench.
IMO he technical did break the law, a stupid vague on at that. Never should have been jailed and the law should be removed, but thats a different story.
Look into the judge if you want to see some crap.
Most notably him acquitting a cop that was having sex with cows.
Title: Re: Brian Aiken sentence ... commuted
Post by: Devonai on December 21, 2010, 05:44:57 PM
Most notably him acquitting a cop that was having sex with cows.

Where is that a crime, somewhere in the bible belt?
Title: Re: Brian Aiken sentence ... commuted
Post by: cassandra and sara's daddy on December 21, 2010, 05:50:44 PM
not a crime in jersey  hence the cop walked
Title: Re: Brian Aiken sentence ... commuted
Post by: cassandra and sara's daddy on December 21, 2010, 05:54:34 PM
He  said no one has appealed his rulings in either case or publicly complained about them, and noted that the lead prosecutor in both cases told the governor's office he had reached "the correct result in each."

http://www.northjersey.com/news/061710_NJ_judge_says_he_was_unfairly_kicked_off_bench.html

In the case of teacher's aide Donna Goebel, 45,  Morley had said he did not think she was a predator for having sex with a 16-year-old boy, basing  his comment  on the circumstances of the case. He immediately followed that by saying what she did was both wrong and a crime. He sentenced Goebel to five years in prison for sexual assault, a crime that carries a five-to - 10 year term. The defense had wanted the charges reduced in degree and a three-year term, and the prosecutor asked for seven years, Morley said. 
Title: Re: Brian Aiken sentence ... commuted
Post by: MicroBalrog on December 21, 2010, 06:38:13 PM
After reading through that link I have to agree with C&SD [oh god]. Maybe that judge is a bad judge or a good judge - that I don't know - but unless there's other stuff we don't know about, the two rulings discussed are not per se unreasonable in the face of existing law.
Title: Re: Brian Aiken sentence ... commuted
Post by: cassandra and sara's daddy on December 21, 2010, 06:44:53 PM
get thee behind me satan! :facepalm: ;) :laugh:
Title: Re: Brian Aiken sentence ... commuted
Post by: Scout26 on December 21, 2010, 07:05:44 PM
Had Christie gone for the pardon, he'd have shown his 2A bonfides and would have us (gunnies) on-board for anything he has planned for his political future.  This half-step, however may have done more to tick-off the gun-rightists, then just leaving him in jail.

Title: Re: Brian Aiken sentence ... commuted
Post by: GigaBuist on December 21, 2010, 07:13:46 PM
If he had granted a pardon the appeal would have been moot and halted any progress there.  If Aitken wins the appeal then he'll have never actually been convicted of a crime, no pardon needed, and we've got some good case law to work with.

If all appeals fail then perhaps Christie should consider a pardon.
Title: Re: Brian Aiken sentence ... commuted
Post by: Regolith on December 21, 2010, 09:06:24 PM
Yup.  Aiken asked for a commutation because he plans on appealing.  Pardons carry with them a required admission of guilt, and he wouldn't have been able to appeal.  It's also possible he wouldn't have gotten his rights restored.

Title: Re: Brian Aiken sentence ... commuted
Post by: cassandra and sara's daddy on December 21, 2010, 09:08:19 PM
aiken asked for a commutation?  really?
Title: Re: Brian Aiken sentence ... commuted
Post by: stevelyn on December 21, 2010, 09:47:19 PM
aiken asked for a commutation?  really?

Brian Aiken's attorney is Evan Nappen a razor-sharp gun rights attorney based in NJ who I've heard interviewed by GOA's Larry Pratt and also Mark Walters on Armed American Radio. I'm sure his request for a commutation is just a small part of a much larger strategy.

http://www.evannappen.com/ (http://www.evannappen.com/)

Title: Re: Brian Aiken sentence ... commuted
Post by: MechAg94 on December 21, 2010, 11:25:29 PM
not a crime in jersey  hence the cop walked
cruelty to animals doesn't apply? 
Title: Re: Brian Aiken sentence ... commuted
Post by: MechAg94 on December 21, 2010, 11:28:39 PM
Gun Talk radio discussed the case and indicated they asked for the commutation for the purpose of continuing the appeals.  At least I thought that was said.
Title: Re: Brian Aiken sentence ... commuted
Post by: Scout26 on December 22, 2010, 12:25:12 AM
Okay, that makes sense then.  We'll have to see how it plays out on appeal....