So this Foxitis thing was a random line by a criminal defense attorney, who I guess thought it sounded clever.

(He also told the prosecutor he looked like Chris Hayes and boasted he knew Joe Biden.)

It wasn't pleaded as a formal defense. innercitypress.com/ddc51copelandi…
Many people also don't appreciate that "affluenza" was not pleaded as a defense in the Ethan Couch case. Couch pleaded guilty.

A psychologist "diagnosed" him with this "condition" in a pre-sentencing report and the judge used that as justification for giving him probation.
It's pretty unlikely someone would ever be able to use "Foxitis" as any sort of defense, except as part of some sort of insanity or diminished capacity plea, and even then I doubt it.
But could it be taken into account at sentencing?

Maybe, *except* the insurrectionists are charged under federal law, where there are fairly strict sentencing guidelines.

Couch was sentenced under Texas state law, where judges have much greater discretion.

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More from @DrRJKavanagh

8 May
Trying to think of a recent case where a police officer who killed a Black person has been federally prosecuted for violating their civil rights, and the only one I can remember is in 2017 when Michael Slager was convicted of killing Walter Scott. nytimes.com/2017/12/07/us/…
The DOJ could have prosecuted the cops who killed Tamir Rice, Eric Garner, Michael Brown, and so many other people and didn't. They could have prosecuted George Zimmerman. They didn't.
Other than Michael Slager, I can't think of any other prosecution than back in 1998, when Frank Livoti was convicted of violating Anthony Baez's civil rights, although Mr. Baez was not Black. nydailynews.com/new-york/bronx…
Read 4 tweets
8 May
In 2018, when that White woman called the cops on her Black classmate at Yale, I tweeted about it a couple of times. Ever since then, she has used her Twitter account to wage a campaign of harassment against me. And not just me, a bunch of people. I ignored it until this. Image
I get it, this is someone who is suffering from mental health issues, but this now feels too much, because she will often tweet about me and other people multiple times a day for days on end for no discernible reason. There are also YouTube videos.
Maybe @TwitterSafety could take action to deactivate her account?
Read 4 tweets
6 May
Chicago has the largest racial gap in life expectancy among the 500 largest cities in the US.

Black residents of Chicago live an average of *30* years less than white residents. npr.org/2021/05/06/994…
The gap has only widened during the pandemic where Black Americans have been twice as likely to die than White Americans.

The data is compiled in a report by NYU's Department of Population Health.
Following Chicago, the cities with the largest life expectancy gaps are Washington DC, New York City, New Orleans, and Buffalo, New York.
Read 4 tweets
6 May
Overlooked in the news that Garrett Rolfe is reinstated, is that the criminal case against him remains in limbo.

A year after his arrest, he hasn't been indicted, the case has no DA and the realty is he may never be prosecuted for killing Rayshard Brooks. ajc.com/news/crime/as-…
Fulton County DA Fani Willis appealed to the Georgia Attorney General to recuse her office from the case because of the conduct of her predecessor, Paul Howard. Howard used video footage of the case in his failed campaign for re-election as DA.
His conduct is being investigated by the AG, but he denied DA Willis' request to recuse the Fulton County office.
Read 8 tweets
6 May
Front page @NYDailyNews today: Subway passengers inconvenienced by people experiencing mental health emergencies. nydailynews.com/new-york/ny-su…
Should we be surprised that the article is written by the same reporter, @ClaytonGuse who wrote this gem. Image
Read 4 tweets
4 May
In 2017, Arkansas executed Ledell Lee, even though there was no physical evidence connecting him to the crime, he had 4 alibi witnesses, and his showing he had incompetent defense counsel.

Today, DNA evidence showed another person committed the crime.

theappeal.org/arkansas-execu…
The DNA testing shows genetic material and fingerprints at crime scene, including a bloody shirt and the murder weapon, does not match Ledell Lee, but instead an unknown person.

arkansasonline.com/news/2021/apr/…
The forensics testing could have been done *before* Mr. Lee was executed, but it was not requested by his appellate attorneys until @ACLU and @innocence got involved the month before his execution.
Read 5 tweets

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