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pruner Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 03:18 PM
Original message
Geoghan's conviction to be erased
Yvonne Abraham
Boston Globe
Aug. 27, 2003 12:00 AM

Dismaying victims of clergy sexual abuse, prosecutors who won a guilty verdict against John Geoghan for molesting a 10-year-old boy said Tuesday his conviction will be erased because the former priest died while appealing the case.

Case law dictates that the court where Geoghan was tried will automatically be ordered to invalidate his 2002 conviction, said Emily LaGrassa, spokeswoman for the Middlesex District Attorney's Office.

"The Supreme Judicial Court has ruled that if a defendant dies while his appeal is pending, the indictments are to be remanded to the trial court with an order that they be dismissed," she said.

<snip>

http://www.azcentral.com/news/articles/0827priest27.html
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liberalhistorian Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 03:21 PM
Response to Original message
1. What a bunch of bullshit!
I may be a paralegal, but this is one case where the law is WRONG! The head-up-their-ass Catholic hierarchy must be happy right now, even though they've totally failed the loyal Catholics that depend on them for leadership.
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atreides1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 03:26 PM
Response to Reply #1
2. If the People Don't Like The Law, Change It.
It doesn't matter whether you agree with the law or not it's still the law.

Tell me did you agree with the Federal Court Decision to remove the Ten Commandments from the Alabama State Courthouse?

Well, there are those that feel that the law was WRONG there.
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dfong63 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 11:08 PM
Response to Reply #1
7. why is it wrong?
the principle seems valid.
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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 11:24 PM
Response to Reply #7
8. Tell that to the victims
n/t
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JaneQPublic Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 03:29 PM
Response to Original message
3. It matters little if they erased the conviction...
...if his sentence has been effectively changed from imprisonment to death.
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pruner Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-27-03 03:36 PM
Response to Reply #3
4. I would suspect it might matter in regard to civil suits
n/t
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valniel Donating Member (145 posts) Send PM | Profile | Ignore Wed Aug-27-03 03:39 PM
Response to Reply #3
5. I'm not so sure
If a civil suit, for damages, is filed, a criminal conviction would make it impossible, or at least very difficult, to dispute the abuse. If the conviction is erased, the civil liability might not be as clear cut.
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valniel Donating Member (145 posts) Send PM | Profile | Ignore Wed Aug-27-03 03:41 PM
Response to Reply #5
6. Thinking alike.
Did not see your post when I started to respond!
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5thGenDemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-28-03 12:48 AM
Response to Reply #6
9. Civil cases are held to a lower standard than criminal cases
See California v Simpson. OJ was found not guilty of murder, but was found liable in the civil suits.
John
Apples and oranges.
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nothingshocksmeanymore Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-28-03 01:37 AM
Response to Reply #3
10. amen
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