Question for the lawyers...

[The Sybian]

Get him to do a will. Even if it's super simple. And just say you've consulted and what Steve says is true, that without a will that is probated properly it doesn't mean shit what he says.

I hated being an executor but only because I had to fight my uncles. Spent a lot of ducking mnney from my own pocket. Hopefully that isn't an issue for you.

Shit, Sabo could probably write up the will for him. A will does not need to be super complicated. And it doesn't need to cover everything. Even something like "I want all my property to go to [X], except for my guns and furniture, which should go to [Y]." I imagine Ohio would require two witnesses to his signature if the will was written by someone other than Sabo's dad. But you could figure that out pretty easily.

My thought is to have him fill out an "informal list" for you, that covers the will requirements in Ohio, and not call it a will. I'm sure you could make a legally binding document, saying he wants you to distribute items x,y, and z to people a, b, and c, without making it so formal that he thinks he is writing a will.

[Sabo]

My thought is to have him fill out an "informal list" for you, that covers the will requirements in Ohio, and not call it a will. I'm sure you could make a legally binding document, saying he wants you to distribute items x,y, and z to people a, b, and c, without making it so formal that he thinks he is writing a will.

Yep, I asked him to do that, too. And for whatever reason, he hasn't. Instead, he's labeled some items with the names of those he wants to have them, but he's never created a master list.

Have I mentioned he's an obstinate?

[sancarlos]

It's hard having aging parents. I was just with them over Thanksgiving and am hosting for Christmas. Obstinate is one of the words that comes to mind. At least my parents have a will. And, yay, I am the executor. Not looking forward to anything related to all that.

[The Sybian]

My thought is to have him fill out an "informal list" for you, that covers the will requirements in Ohio, and not call it a will. I'm sure you could make a legally binding document, saying he wants you to distribute items x,y, and z to people a, b, and c, without making it so formal that he thinks he is writing a will.

Yep, I asked him to do that, too. And for whatever reason, he hasn't. Instead, he's labeled some items with the names of those he wants to have them, but he's never created a master list.

Have I mentioned he's an obstinate?

I've been trying to get my parents to let me write their wills since I was in law school, but they won't let me. I even told them they didn't need to bother reading the documents before signing them. I am named Executor, and I even offered to name my sister as Executrix. BTW, the best way to write someone out of a will, making it almost impossible to contest, is saying, "I leave nothing to my daughter or her heirs for reasons known to her." No idea why my parents won't sign the will I drafted for them.

[sancarlos]

"for reasons known to her."

That clause is unnecessary, isn't it?

[The Sybian]

"for reasons known to her."

That clause is unnecessary, isn't it?

Like every question in law school, the answer is "it depends." It might be unnecessary, but the law tends to favor spouses and children getting an inheritance. Giving no explanation for disinheriting a spouse or child leaves the door open to an appeal that it wasn't thought out, didn't have a reason behind it, was coerced or influenced... Giving a specific reason for writing someone out of your will leaves the door open for that person to disprove the stated reason. "For reasons known to her" shows an intended consequence for a specific reason, but the person has no way to argue against the reason or disprove the reason given.

[EnochRoot]

So...an old high school buddy of mine wrote up a newspaper story that investigated the local police. He's now been involved in about a half dozen hit and runs, and faces charges of a DUI despite blowing a 0 on a breathalyzer, and leaving the scene of an accident, where he was the victim (the other driver sped off).

Essentially, he thinks he's being targeted by the local police in retaliation for an article he'd written.

Lawyers: who does he turn to? The ACLU? Amongst other civil rights issues at play here, the most glaring would be the First Amendment?

Any other organizations?

[brian]

So...an old high school buddy of mine wrote up a newspaper story that investigated the local police. He's now been involved in about a half dozen hit and runs, and faces charges of a DUI despite blowing a 0 on a breathalyzer, and leaving the scene of an accident, where he was the victim (the other driver sped off).

Essentially, he thinks he's being targeted by the local police in retaliation for an article he'd written.

Lawyers: who does he turn to? The ACLU? Amongst other civil rights issues at play here, the most glaring would be the First Amendment?

Any other organizations?

So I'd start with the district attorney where he lives, though it's possible they're tacitly or actively participating in any kind of intimidation. But it would be helpful to have a "paper trail" that he filed a complaint with them I'd imagine.

[The Sybian]

So...an old high school buddy of mine wrote up a newspaper story that investigated the local police. He's now been involved in about a half dozen hit and runs, and faces charges of a DUI despite blowing a 0 on a breathalyzer, and leaving the scene of an accident, where he was the victim (the other driver sped off).

Essentially, he thinks he's being targeted by the local police in retaliation for an article he'd written.

Lawyers: who does he turn to? The ACLU? Amongst other civil rights issues at play here, the most glaring would be the First Amendment?

Any other organizations?

So I'd start with the district attorney where he lives, though it's possible they're tacitly or actively participating in any kind of intimidation. But it would be helpful to have a "paper trail" that he filed a complaint with them I'd imagine.

If charges were made, that would come from the DA. I would find out the State level oversight for his state, possible the State AG's office. ACLU is good, I'm sure there are nonprofits and associations that work to protect the rights of journalists. I'd also make sure he consults an attorney. I'd ask for recommendations from all of the groups above. Something like this, you can't fuck around, and you need someone who specializes in this type of case.

[EnochRoot]

He actually approached me about how to edit the metadata on a digital image. He wanted to edit the date the picture was taken. When I asked why he wanted to do that, he mentioned all the bizarre hit-and-runs he'd been involved in since they ran the story he'd written, and that the picture would be to be used as proof the car was hit already.

I told him that engaging in fraud is not the way you want to defend yourself against the police (if what he suspects is indeed happening).

I'm just a web developer, but yeah, altering digital images...There's little doubt Adobe Lightroom allows for the editing of metadata that serious forensic software wouldn't be able to detect.

[EnochRoot]

(thanks for the help guys!)

[Jerloma]

My mom's house was burglarized a few years ago. Two days later, the first responding cop who lead the initial investigation and created the report was arrested for burglarizing houses. They never found the perps and the investigating detective didn't think this was relevant. When I asked him about it, he said "Oh her...no forget about her, she's just a junkie."

It still bothers me to this day. Is there anything I can do?

[Jerloma]

The reason I didn't pursue it then was because my mom was terrified of cops and scared of retaliation.

[The Sybian]

My mom's house was burglarized a few years ago. Two days later, the first responding cop who lead the initial investigation and created the report was arrested for burglarizing houses. They never found the perps and the investigating detective didn't think this was relevant. When I asked him about it, he said "Oh her...no forget about her, she's just a junkie."

It still bothers me to this day. Is there anything I can do?

Burglarize her family's home and if caught say, "her? She's just a burglarizing junkie, don't worry about her or her family."

Do you have any evidence to suggest this disgraced officer was involved in the burglary? You would have the burden of proving she was involved in the burglary, and saying she was convicted of other burglaries isn't going to count for much. If you are looking to press criminal charges, you have an extremely high burden and no prosecutor is going to touch the case if they can't win it. A quick Google search says RI has no statute of limitations on burglary charges and the SOL us 10 years on civil cases of property damage or theft.

[Jerloma]

My mom's house was burglarized a few years ago. Two days later, the first responding cop who lead the initial investigation and created the report was arrested for burglarizing houses. They never found the perps and the investigating detective didn't think this was relevant. When I asked him about it, he said "Oh her...no forget about her, she's just a junkie."

It still bothers me to this day. Is there anything I can do?

Burglarize her family's home and if caught say, "her? She's just a burglarizing junkie, don't worry about her or her family."

Do you have any evidence to suggest this disgraced officer was involved in the burglary? You would have the burden of proving she was involved in the burglary, and saying she was convicted of other burglaries isn't going to count for much. If you are looking to press criminal charges, you have an extremely high burden and no prosecutor is going to touch the case if they can't win it. A quick Google search says RI has no statute of limitations on burglary charges and the SOL us 10 years on civil cases of property damage or theft.

Well, I mean I have the proof that she was convicted of burglarizing a house the same week that she was the first responder to my mom's house and I have the proof that this was no part of the investigation. Ya know...it's a pretty huge coincidence if it is that. I don't care about her...I'm talking OOJ by the police department.

[Johnnie]

Was anything that was stolen ever found at that cop's house or turned up somewhere where a person can identify that cop as having sold/given it to him/her?

Outside of conducting your own personal sting I don't know how you can prove that that cop was definitively the one who took anything.

It fucking sucks, you're in a shitty spot, and I empathize with you, man.

[Jerloma]

Was anything that was stolen ever found at that cop's house or turned up somewhere where a person can identify that cop as having sold/given it to him/her?

Outside of conducting your own personal sting I don't know how you can prove that that cop was definitively the one who took anything.

It fucking sucks, you're in a shitty spot, and I empathize with you, man.

No but again, this isn't about her. It's about the cops ignoring the most obvious suspect because it would be horrible for them.

[Jerloma]

Like proving the crime at this point means dick...proving the corruption could actually maybe help?

[serrano]

Was the cop working another call when she got the call about your mother’s house). Maybe the police have official records that give the cop an alibi for the time leading to her arrival on scene?

You need to buddy up with someone on the force, get them blotto and take them to kareoke night, drive them to the station and go in there and get her reports for the night in question. The. Take them to church.

[rass]

truecrimefrog.net

[A_B]

I for one think jerloma should go all in on trying to force a police investigation.

[The Sybian]

I for one think jerloma should go all in on trying to force a police investigation.

Can we get this sold as a docu-drama series? This would be compelling TV.

[Steve of phpBB]

Is there anything about the burglary the cop was convicted of that links it to your mom's burglary?

Or anything that links that cop to your mom's house before the burglary?

Because even though that cop was burglarizing houses at the same time your mom's house was hit, if there were other people burglarizing houses in that town or area at the same general time, how would the cop be more of an obvious suspect than any other burglar?

[HaulCitgo]

Generally follow the money. So insurance first from any party that has it. Homeowners/renters first then any other insurance you can find. Then deep pockets. Probably the City but around here youll need to send notices first with strict deadlines and mailing requirements. Youve likely missed those dates but maybe not or maybe not required in your state. Lastly the alleged perp but well assume the ex cop junkie is broke.

If you just want to piss them off for shits and giggles, use the googles and draft up a complaint against the junkie for theft, conversion, trespass and get it filed and served. Usually pretty cheap. Maybe $300 around here. Let them explain in court why you have no case (you have no case). Dont explain in the complaint. Less is more. Most state courts are notice pleading so you dont need a ton of detail like federal court. They can file motions if they want to know more. I wouldnt do small claims either. Probably more appropriate but the goal is pain infliction, right? The danger is counterclaims (not so much that they would win but you cant dismiss and walk away at the last minute after lots of attorneys fees for them) and having attorneys fees against you but generally unlikely.

Usual caveat, this is Georgia law. May not be the same in RI?

[The Sybian]

Generally follow the money. So insurance first from any party that has it. Homeowners/renters first then any other insurance you can find. Then deep pockets. Probably the City but around here youll need to send notices first with strict deadlines and mailing requirements. Youve likely missed those dates but maybe not or maybe not required in your state. Lastly the alleged perp but well assume the ex cop junkie is broke.

If you just want to piss them off for shits and giggles, use the googles and draft up a complaint against the junkie for theft, conversion, trespass and get it filed and served. Usually pretty cheap. Maybe $300 around here. Let them explain in court why you have no case (you have no case). Dont explain in the complaint. Less is more. Most state courts are notice pleading so you dont need a ton of detail like federal court. They can file motions if they want to know more. I wouldnt do small claims either. Probably more appropriate but the goal is pain infliction, right? The danger is counterclaims (not so much that they would win but you cant dismiss and walk away at the last minute after lots of attorneys fees for them) and having attorneys fees against you but generally unlikely.

Usual caveat, this is Georgia law. May not be the same in RI?

I think he wants to go after the Police Dept for not investigating the officer or hiding evidence that might show Officer Junkie was involved. If Officer Junkie was involved and was the lead officer investigating, that's problematic to say the least.

Just thought, you can probably request information. Most states have an equivalent to FOIA (Freedom of Information Act) that requires providing information agencies may have. I know NJ has a statute for obtaining info from the Police, because some asshole in town is always suing the Township for releases and he takes to the Facebook forum to rant about the Town. I do remember the police refusing to release some info to him as it was sensitive to police strategy.

[Jerloma]

No other leads, you guys. Detectives...no other leads.

[mister d]

I'm upset you didn't put this in the irony thread.

[The Sybian]

I get what you are saying, but this is all circumstantial evidence. Unless you have something directly linking the officer to the crime and the PD knowing she was a burglar at the time they closed the case, you don't have anything. It's suspicious, yes, but it doesn't exclude the possibility of another burglar in town. It's very possible more than one person committed burglaries. You can't just assume every burglary was committed by her. I mean, you can, but that doesn't hold any water in a lawsuit. I'd guess the majority of B&E cases are closed with no leads.

[Jerloma]

I get what you are saying, but this is all circumstantial evidence. Unless you have something directly linking the officer to the crime and the PD knowing she was a burglar at the time they closed the case, you don't have anything. It's suspicious, yes, but it doesn't exclude the possibility of another burglar in town. It's very possible more than one person committed burglaries. You can't just assume every burglary was committed by her. I mean, you can, but that doesn't hold any water in a lawsuit. I'd guess the majority of B&E cases are closed with no leads.

Syb, she was arrested 2 days after the burglary. Of course they knew she was a burglar before the case closed. Again, this isn't about convicting her; it's a bout a cover-up. I know it doesn't mean she did it but to not consider that the reporting officer was actively burglarizing at the time as a lead is insane.

[The Sybian]

I get what you are saying, but this is all circumstantial evidence. Unless you have something directly linking the officer to the crime and the PD knowing she was a burglar at the time they closed the case, you don't have anything. It's suspicious, yes, but it doesn't exclude the possibility of another burglar in town. It's very possible more than one person committed burglaries. You can't just assume every burglary was committed by her. I mean, you can, but that doesn't hold any water in a lawsuit. I'd guess the majority of B&E cases are closed with no leads.

Syb, she was arrested 2 days after the burglary. Of course they knew she was a burglar before the case closed. Again, this isn't about convicting her; it's a bout a cover-up. I know it doesn't mean she did it but to not consider that the reporting officer was actively burglarizing at the time as a lead is insane.

Ok, I missed the dates. So the investigation closed after the officer was arrested. PD had knowledge of her arrest, so you got that element covered. It is possible there legitimately wasn't any evidence for the Detective to find, maybe even likely if the responding officer was the burglar, she probably would have wiped the area to destroy any fingerprints. You would still have to show some intentional act by the Dept to cover up or refuse to look into the possibility their officer committed the burglary. If there legitimately was no evidence at the scene, there is nothing for them to go on other than trying to get the former officer to admit to breaking in. Not sure if there is a Statute of Limitations on this type of suit, but 8 years is a long time to wait to bring suit. If you want to pursue, talk to a local attorney and see if anyone would take this case.

[Jerloma]

Yeah, I mean of they did look into it and didn't put it in the report. I'd think that would also indicate a coverup. It's either remarkable incompetence or that.

Okay, if something happens to me, please show this to an authority.

[A_B]

Yeah, I mean of they did look into it and didn't put it in the report. I'd think that would also indicate a coverup. It's either remarkable incompetence or that.

Okay, if something happens to me, please show this to an authority.

We'll head straight to your local peacekeeper for sure.