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General News    H3'ed 7/16/13

Criminalizing Free Speech

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Carter tuned it down even though he continued to be assaulted and battered in jail.  His father Jack Carter told NPR on July 3:

 

"Without getting into the really nasty details, he's had concussions, black eyes, moved four times from base for his own protection. He's been put in solitary confinement, nude, for days on end because he's depressed. All of this is extremely traumatic to this kid. This is a horrible experience." 

 

Justin Carter is currently being held in solitary confinement, on suicide watch. 

 

And Then County Prosecutor Tharp Seemed to Soften a Little

 

On July 3, Yahoo News reported what might be a softening in the prosecutor's office: "District Attorney Jennifer Tharp would not comment on the details of a pending case but said in a press release that the charge carries a potential penalty of two to 10 years in prison and a fine of up to $10,000. A defendant never previously convicted of a felony may be eligible for "deferred adjudication community supervision,' which, if served successfully, would not result in a criminal record." 

 

That's better than eight years, but it's not the same as dropping charges that should never have been brought. 

 

One apparent result of Carter's parents' efforts to publicize the case is that Justin Carter now has a new attorney, Donald H. Flanary III who has taken on the case at no charge.  On his San Antonio firm's website (Goldstein, Goldstein & Hilley) Flanary's statement begins: "I believe that when a citizen is accused of a crime, the best defense is a relentless offense." 

 

Flanary filed his notice of appearance and promptly filed six motions in the case.  Two days later he made another flurry of filings, including an application for writ of habeus corpus. A hearing on that writ is scheduled for July 16 and one of Flanary's goals is to get Justin Carter released. 

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Vermonter living in Woodstock: elected to five terms (served 20 years) as side judge (sitting in Superior, Family, and Small Claims Courts); public radio producer, "The Panther Program" -- nationally distributed, three albums (at CD Baby), some (more...)
 
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