If you read my timeline you know how I feel about Kyle Rittenhouse, so please believe me when I tell you it does not matter legally that he "crossed state lines."
I represent people who live in other jurisdictions and are charged with crimes in NYC all the time, including serious felonies. It does not matter.
This is a state case.

Crossing state lines is one basis under which federal prosecutors get jurisdiction, but its limited to certain cases - like sex trafficking or conspiracy - it doesn't just mean you live in one state and go to another to commit a crime.
It also doesn't make this case worse. Why is it more terrible to live in one state and go to another than to do this in the state in which you live. Either way it's horrific.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Rebecca Kavanagh

Rebecca Kavanagh Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @DrRJKavanagh

15 Nov
CW: Police Violence

When video leaked of the in-custody death of Eric Lurry, the DA declined to charge the cops shown sticking a baton down his throat and slapping him before he became unconscious.

They did, however, charge the cop who leaked the video.
chicagotribune.com/news/breaking/…
That cop, Javier Esqueda, now faces 20 years in prison for felony official misconduct. He's on administrative leave and the PD is trying to fire him.

Meanwhile the two arresting cops are good - cleared by the DA and just six day suspensions from the PD.

chicagotribune.com/news/ct-joliet…
Now, the local police union has determined that Sergeant Esqueda leaking the video constitutes "conduct that is detrimental to the orderly operation of the Association" and is "so reprehensible" as to warrant removal from the organization. So he's out. shawlocal.com/the-herald-new…
Read 4 tweets
13 Nov
Just because the judge in the Kyle Rittenhouse trial may in fact be a villain, do not allow the prosecutor to play the role of "tragic hero."

When Kyle Rittenhouse is acquitted, do not let the DA spin this like they fought the good fight cause they didn't.nytimes.com/2021/11/11/us/…
First, let's remember who we are dealing with. This is the Kenosha County DA's office.

The same DA's office who refused to bring charges against the police officer, Rusten Sheskey, who shot Jacob Blake in the back seven times, paralyzing him. apnews.com/article/kyle-r…
Jacob Blake is the whole reason this trial is happening and somehow the Kenosha County DA left him out of the equation. Image
Read 17 tweets
11 Nov
Prosecutors have charged two teenagers with the first degree murder of eight-year-old Fanta Bility, even tho it was the police who shot and killed her back in August outside a high school football game.

inquirer.com/news/angelo-fo…
It's not uncommon for prosecutors to charge other people with murder in cases where the police admit to killing someone, but the charge would usually be reckless or felony murder, not first-degree murder as it is here.
One of the most well-known cases is that of LaKeith Smith who was convicted of felony murder and sentenced to 65 years in prison, after a police officer killed his friend Adonte Washington when they were aged 15 and 16 respectively.

usatoday.com/story/news/nat…
Read 5 tweets
9 Nov
CW: Police violence

Police shot and killed an Indigenous man in Sydney today. This, just two days after another Indigenous man died in a prison located three hours outside of Sydney.

Indigenous peoples make up less than 5% of the Australian population.
smh.com.au/national/nsw/m…
Aboriginal people die in custody at a rate of 0.61 per 100,000 people. More than 55% of these people were in police custody or being pursued by police. A small number were remanded pre-trial (Australia does not have cash bail).

theguardian.com/australia-news…
In the US, Black people die in *police* custody at a rate of 0.60 per 100,000 people.

This does not include people who die in jail or prison, so the rate would be higher if those numbers were included.

I will look for the total figure.

journalistsresource.org/politics-and-g…
Read 4 tweets
8 Nov
So missing the point.

In NYC, people who live in dangerous neighborhoods - primarily Black and Brown - often feel the need to carry a gun.

And they are the people who get prosecuted - not privileged people.

That's why public defenders supported this challenge to NY's gun laws.
People really don't understand how gun laws are enforced in New York.

They criminalize young Black and Brown people.
I don't think I have ever represented a White person charged with possession of a gun.

Not because they don't carry them, but because police are not smashing down their apartment doors to find them and they're not conducting illegal stops and searches.
Read 12 tweets
7 Nov
Well this seems problematic - police need probable cause to pull you over for a traffic infraction *or* reasonable suspicion that a crime has been or is about to be committed. Neither exist here.

That's before we even get to, what the hell, this is what we pay cops to do?
The New York Constitution offers greater protection than the 4th Amendment protection against search and seizure. See People v Robinson 767 N.E.2d 638 (N.Y. 2001) and People v. Spencer, 646 N.E.2d 785 (N.Y. 1995).
DWI check points are allowed but they must be conducted pursuant to non-arbitrary, nondiscriminatory criteria. People v. Sobotker, 373 N.E.2d 1218 (N.Y. 1978).
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Thank you for your support!

Follow Us on Twitter!

:(