The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Dec 13, 2007

Indictment Follies or Indictment Folly

If you've watched enough Law & Order (and we have) you know that a District Attorney can indict a ham sandwich. That's why we were so interested when we heard about the goings on with the grand jury looking in to conspiracy charges against Officer Ben Kirby.

Kirby is the officer that was fired for taking Jason Daskalos who was in custody on charges of DWI (later determined to be not guilty), on a detour from the paddy wagon. Just this past year officer Kirby filed a wrongful termination suit against the city and shortly thereafter was notified that he's the target of a grand jury investigation (read it here) on suspicion of tampering with public records and conspiracy.

According to our Eyes the promised grand jury investigation began on Wednesday. Apparently the proceedings came to a screeching halt when one of the grand jurors asked the same question we've been asking - if conspiracy is the charge, who is the co-conspirator? Seems like a logical question to us but at that point our Eyes tell us that the DA's office decided to continue the case rather than answer the question.

We don't know why the ADA decided to do what they did but it would seem to us that you'd have a hard time proving conspiracy without conspirators. We haven't seen the DA's case and we certainly can't begin to tell you why they waited over a year to move on a case that they'd already decided not to prosecute, but their case must be shaky indeed if they can't handle the question of conspirators in a conspiracy case.

21 comments:

Anonymous said...

Oh this is going to be good.
Two problems, GJ proceedings are sealed so we dont know what was asked, and cant Daskalos be the co-conspirator?

Anonymous said...

Please tell me you didn't expect Kari to get a high profile case right? She is this district's worst DA in a very long time. That is almost like saying the city can fire someone correctly.

It seems like the ones that should be fired always come back because this city doesn't have all their ducks in a row to terminate them.

Ben, in my humble opinion should be fired and kept off the force. However, due to this City's incompetence or ignorance he will get his job back and probably a nice fat check.

The most troubling thing is that why would I want an officer with 5 years experience making bonehead move like that. I for one will be requesting another officer and wait another 5 hours before he handles a problem I will have.

Anonymous said...

I agree w/#1 post--Jason the geek, oops, the Greek (my bad!!) is probably the co-conspirator, as he more than likely induced Kirby with whatever to get him to take him. The other scenario is far more nefarious.

Anonymous said...

When will evryone get a clue? Ben Kirby did not act alone and took ORDERS from someone else. Why can't the DA get to the bottom of this?
Better question: Why WON'T the DA get to the bottom of this?

Anonymous said...

Makes you wonder why, doesn't it? DA is stalling,something's going on--seems like it would be a slam-dunk, right? HA!!.....stay tuned!!

takes one to know one said...

NICK BAKAS is the co con.......

Anonymous said...

The scams just keep continuing. If anyone watched the news when Marty announced he was running for senate, did you see who was standing behind him clapping??

Our DA Keri Brandenburg. They're all in bed together.

Anonymous said...

I hope they return a true bill against Ben Kirby. What he did was criminal and he should be prosecuted for assisting an escape from custody.

Anonymous said...

I would just like to see if someone in city government gave Ben the call to go and see what he could do?
However, if Kari is in bed with the Mayor's office, I wonder if it will be covered up?

Is Bakas being looked at? I heard he was.

MADD court monitor said...

DA Brandenbuug is a clown. Someone should ask her. How did her daughter get such a favorable outcome in her DUI case? 6 months with an interlock and the charges will never show up on her record....? How many times is that deal EVER offered to anyone? Never is the answer. Brandenburg instead of trying to bury a officer that may or may not have done something. Why don't you go and be a better mother to your drunk son and daughter and stop passing judgement on others. P.S. stay outta' Smarty Marty's issues he will only embarrass you in the end.

Anonymous said...

I hope they return a true bill against Ben Kirby. What he did was criminal and he should be prosecuted for assisting an escape from custody.

Anonymous said...

It isn't assisting an escape since the paperwork still existed and the court had 364 more days to summons the guy.
It can't be tampering with evidence since tampering w/evidence of a misdemeanor is still a misdemeanor.
SO, although Ben may certainly be guilty of something it is not a FELONY, ergo, there is no need for a grand jury.

Anonymous said...

"Kari in bed with the mayor's office? OF COURSE!

What Kirby did wasn't right, but when given an order/direction by a superior. Very, on the top, superior (ie: chief of Public Safety) at that time. What's a young officer to do. He would have been fired either way. And I agree how can one person be a conspirator?

If the case actually gets to court, hopefully a jury of his peers & not a bench trial; So much is going to seep out of the woodwork, even bug lovers will cringe.

Hopefully Kirby will file a civil suit that way MUCH more will be exposed.

Anonymous said...

It isn't assisting an escape since the paperwork still existed........

Thank God you are not a Judge with moronic logic like that. Like I said, I hope they put the criminal Ben in jail.

Anonymous said...

If Ben Kirby goes to Jail so should five others.
Let's see if we can guess who by using they're initials.
The answers by initials will be posted by comment. Lets see who's closest. Remember 5.

Anonymous said...

QUOTE ABOVE :"It isn't assisting an escape since the paperwork still existed........" (sort of cherry picked what I said but Ill answer anyway)

It is not an escape since the purpose of arrest is to ensure appearance before the court. On a misdemeanor the same thing is accoplished by a summons (that's the law).
Indeed thank God I am not a judge or I would be incarcerating the drug dealers and gang bangers and the actual offenders on DWI and not changing the charging manual (yes there is such a thing for prosecutors) to "fit" a politically expedient outcome.

There is little doubt that one could hang a misdemeanor charge on Ben and certainly an internal charge that would result in termination ... DONE. But wasting thousands of our tax dollars on DAs time and efforts and the time of a Grand Jury over (I understand it to be two days?) When we can't get guys indicted who have bags of crack sitting in plain view on their car's seat on a traffic stop?? And these are guys with multiple prior offnses? Get real.

Anonymous said...

Yeah, and who was the guy behind Marty at the press conference in the turban????

Anonymous said...

I hope they return a true bill against Ben Kirby. What he did was criminal and he should be prosecuted for assisting an escape from custody.

Anonymous said...

3 up is right on the money. Hmmmmm we're gonna spend hours on this Kirby thing meanwhile cases are getting dumped when drugs/weapons are in plain view--please, the guy's job in LE is over...move on.

"Judge Woppner at 3:00" said...

I am a betting man. I bet Kirby does get his job back through District Court. Marty has already shot his mouth off about how the courts aren't doing their job, anytime the courts can cram it up Martys cram hole you better believe they are gonna do it. Good luck in court on the Scameras, The City Charter, and the Kirby case.

Anonymous said...

OK, so is Brandenberg REALLY taking the death penalty off the table for Astorga? I don't want to "pollute" the jury pool, cuz I really, really want this poor man to get a fair trial, but how come the staff at the prison can't do a better job of putting glass, etc. in astorga's food?