Patrick Cashman | Seven Days | Vermont's Independent Voice

Patrick Cashman 
Member since Jan 7, 2018


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Re: “Jafar Vows to Remain in Burlington Council Race Despite Sexist Tweets

Easy there on rewriting history Mark Montalban.Culcleasure went to prison twice for conspiracy to distribute cocaine.Culcleasure, in his first (of two!) felony drug trials was shown to haved moved to Vermont expressly to sell crack for Boo Hickman who he also sold for in NYC prior to moving to Vermont.Culcleasure violently assaulted a witness in the case against him on the street.Culcleasure went to prison, didnt learn, and went right back to dealing, and went to prison again.And best of all, when given the opportunity to own and atone for his crimes, the lives he ruined with drugs, and his violence, he blamed all the white kids who kept asking him for drugs.Not quite the same thing as misogynistic tweets.

20 likes, 6 dislikes
Posted by Patrick Cashman on 02/13/2019 at 12:30 PM

Re: “Man Who Harassed Kiah Morris Charged With Buying High-Capacity Gun Magazines

John,
I wish the preface were not necessary but just in case: yes, Mr. Misch's views as described by reports and by his tweets are infantile and ignorant. But, he has every right to hold, express and promote them. The Nazis had every right to march in Skokie, and Mr. Misch has the right to be a racist.

Your description of one of the purchases as "illegal" is incorrect. Both purchases were perfectly legal. The alleged crime occurs when the magazines legally purchased in NH are transported into Vermont after the cutoff date. And right now the evidence that is described in the State Police affidavit consists of video of a perfectly legal act (Ms. Shapiro purchasing two magazines in NH) and the admission by Ms. Shapiro that she transported those magazines into VT after the cutoff date, and her claim that Mr. Misch took them with him when he left the car. Then police found two magazines in Mr. Misch's home. There is no way to prove beyond a reasonable doubt those two magazines are the two purchased by Ms. Shapiro in NH as opposed to the two purchased prior to the cutoff date and perfectly legal to possess, or bought at some unremembered point in the past. It isn't the accused obligation to prove he didn't commit a crime, it's the state's obligation to prove beyond a reasonable doubt that he did.

Again, pass stupid laws, get stuck in stupid situations..

3 likes, 0 dislikes
Posted by Patrick Cashman on 02/10/2019 at 2:49 PM

Re: “Max Misch Pleads Not Guilty to Possessing High-Capacity Magazines

John,
I wish the preface were not necessary but just in case: yes, Mr. Misch's views as described by reports and by his tweets are infantile and ignorant. But, he has every right to hold, express and promote them. The Nazis had every right to march in Skokie, and Mr. Misch has the right to be a racist.

Your description of one of the purchases as "illegal" is incorrect. Both purchases were perfectly legal. The alleged crime occurs when the magazines legally purchased in NH are transported into Vermont after the cutoff date. And right now the evidence that is described in the State Police affidavit consists of video of a perfectly legal act (Ms. Shapiro purchasing two magazines in NH) and the admission by Ms. Shapiro that she transported those magazines into VT after the cutoff date, and her claim that Mr. Misch took them with him when he left the car. Then police found two magazines in Mr. Misch's home. There is no way to prove beyond a reasonable doubt those two magazines are the two purchased by Ms. Shapiro in NH as opposed to the two purchased prior to the cutoff date and perfectly legal to possess, or bought at some unremembered point in the past. It isn't the accused obligation to prove he didn't commit a crime, it's the state's obligation to prove beyond a reasonable doubt that he did.

Again, pass stupid laws, get stuck in stupid situations.

10 likes, 4 dislikes
Posted by Patrick Cashman on 02/10/2019 at 2:45 PM

Re: “Man Who Harassed Kiah Morris Charged With Buying High-Capacity Gun Magazines

Freedomtothink,
No offense, but you and I must have different definitions of "simpler". I didn't fully follow, but it reads similar to "Sovereign Citizen" type arguments. I don't believe there has been a successful sovereign citizen defense ever before, or am I mistaken?

2 likes, 1 dislike
Posted by Patrick Cashman on 02/10/2019 at 12:27 PM

Re: “Man Who Harassed Kiah Morris Charged With Buying High-Capacity Gun Magazines

John,
Because the legality of the items doesn't depend upon how they were transferred between owners as with the stolen items in your example. The items were legally purchased in places and times where it was legal to purchase them. The discriminating factor among otherwise identical items that would make them "illegal" is when they were brought into Vermont. Bought it on 30 September? Legal to buy possess in Vermont in perpetuity. Brought it into Vermont on 30 September? Perfectly legal to possess in Vermont forever. Brought it into Vermont on 2 October? Illegal to possess. As they are not individually distinguishable in any way and there is certainly no registry of how many magazines everyone owned before 1 Oct or after, a simple "oh, I've had that forever" is kind of an unbeatable defense.
I know it ends with the Jury and conceivably if the prosecutor says "racist" or "white supremacist" enough maybe he could get the jury to go with emotion vice application of the reasonable doubt standard required in all criminal cases: " "[W]e explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." But should our state be advocating subversion of due process as a tactic?

All to get, best case possible, a misdemeanor conviction.

Misch is an ass, yes. But twisting and exploiting the mechanism of our government to blatantly punish legal but distasteful behavior is an astonishing crime. Those supporting this act need to slow down and consider exactly which of their rights they are eager to do away with to punish one person they don't like, and consider that someday after they give up those rights they may be that person.

5 likes, 1 dislike
Posted by Patrick Cashman on 02/09/2019 at 2:10 PM

Re: “Max Misch Pleads Not Guilty to Possessing High-Capacity Magazines

John,
Because the legality of the items doesn't depend upon how they were transferred between owners as with the stolen items in your example. The items were legally purchased in places and times where it was legal to purchase them. The discriminating factor among otherwise identical items that would make them "illegal" is when they were brought into Vermont. Bought it on 30 September? Legal to buy possess in Vermont in perpetuity. Brought it into Vermont on 30 September? Perfectly legal to possess in Vermont forever. Brought it into Vermont on 2 October? Illegal to possess. As they are not individually distinguishable in any way and there is certainly no registry of how many magazines everyone owned before 1 Oct or after, a simple "oh, I've had that forever" is kind of an unbeatable defense.

I know it ends with the Jury and conceivably if the prosecutor says "racist" or "white supremacist" enough maybe he could get the jury to go with emotion vice application of the reasonable doubt standard required in all criminal cases: " "[W]e explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." But should our state be advocating subversion of due process as a tactic?
All to get, best case possible, a misdemeanor conviction.

Misch is an ass, yes. But twisting and exploiting the mechanism of our government to blatantly punish legal but distasteful behavior is an astonishing crime. Those supporting this act need to slow down and consider exactly which of their rights they are eager to do away with to punish one person they don't like, and consider that someday after they give up those rights they may be that person.

21 likes, 5 dislikes
Posted by Patrick Cashman on 02/09/2019 at 2:09 PM

Re: “Max Misch Pleads Not Guilty to Possessing High-Capacity Magazines

If you read the affidavit it states that the magazines were actually paid for and transported into Vermont by his ex-wife. That is for both the first two purchased legally in September, and the subsequent two purchased in NH and transported into Vermont after December 1, so it is going to be an issue charging him with "buying" 30 round magazines. Additionally it looks like it might be an issue to get him for "possession" of "illegal" magazines as magazines are not generally serialized. Even if there were two magazines in the house, how do you go about proving they were the "illegal" ones as opposed to the "legal" ones?

On the plus side, it looks like there is a very solid case against his ex-wife for buying 30 round magazines in NH and transporting them into Vermont after 1 December.

Pass stupid laws, get stuck in stupid situations..

29 likes, 6 dislikes
Posted by Patrick Cashman on 02/08/2019 at 4:36 PM

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