AuthorTopic: A Lawyers Perspective on the Hammond Case  (Read 316 times)

Offline Eddie

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A Lawyers Perspective on the Hammond Case
« on: January 10, 2016, 01:19:21 PM »
This piece is not biased at all in favor of the Hammonds, just a lawyers explanation of the laws involved here.

It makes it clear that the "light sentence" was part of an agreed plea deal, because the Hammonds were charged with multiple counts. It also makes it clear that, in raising the sentence, the 9th Circuit accepted that the fires were a "malicious act", meaning that the Hammonds deliberately set the fires for the purpose of destroying government property.

I don't buy it. the Hammonds were doing what ranchers have done for generations. The first fire was a controlled burn on their own property that unfortunately burned about an acre of government land, which is to say, was barely noticeable on a huge stretch of open range.

The second fire was a back-burn to fight a naturally occurring fire, something that fire fighters do routinely.

The government used the testimony of a teenage kid to prove the malicious intent, and to my mind, it simply doesn't fly in the court of common sense.

https://popehat.com/2016/01/04/what-happened-in-the-hammond-sentencing-in-oregon-a-lawsplainer/
« Last Edit: January 10, 2016, 01:22:26 PM by Eddie »
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