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What is L.P. thinking?
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<blockquote data-quote="The Other Side" data-source="post: 433618" data-attributes="member: 17969"><p>Red, my friend, your intentions may be right in your heart, but wrong in application.</p><p></p><p>ANYTHING you may have heard at PANEL would be HEARSAY and NOT admissible in a court of law. UPS itself would have to come in and testify as to WHAT they said, WHY they said it and you could not communicate this for them.</p><p></p><p>I think, and this is my personal observation, your in way over your head.</p><p></p><p>No matter what was said at a panel hearing, remember, there is law to consider, not just your feelings.</p><p></p><p>At panel, there is no sworn testimony, no witnesses, no video or audio and no stenographer. The person in question was NOT under oath at panel and neither YOU or the Local business agent can TESTIFY for him.</p><p></p><p>I know you want to help him out and all, but dont you think this is rather silly to invest this much effort in?</p><p></p><p>You yourself said there was a PLEA agreement offered? Well, what was it? Was it for a reduced charge of possession?</p><p></p><p>What circumstance did the prosecutor use to file a felony charge? What have you left out that we dont know? Why would the DA offer a plea agreement if the guy disputed UPS's charge with a PROVEABLE alibi?</p><p></p><p>What has this guy told a court so far? Why was the case postponed?</p><p></p><p>How do you expect to be a witness for him if all you have is hearsay evidence? This will never be allowed.</p><p></p><p>I dont want to throw out a bunch of legal terms and latin phrases to you, but I have one in mind I would like you to learn:</p><p></p><p><span style="font-size: 12px"><span style="color: #575757"><strong>fate accompli</strong></span></span>-an accomplished fact; a thing already done: <em>The enemy's defeat was a </em>fait accompli <em>long before the formal surrender.</em></p><p></p><p>Your man knew he was purchasing an expensive cell phone from a former employee who was known to have stolen merchandise from the company before and recently arrested and fired. This FACT sealed his fate.</p><p></p><p>You cannot ignore that someone would "knowlingly" purchase an expensive cell phone at a huge discount and NOT know it was probably stolen.</p><p></p><p>The relationship between the seller and your man "suggests" that they had a close relationship, one built on trust, and it could be suggested that your man was in on it the whole time.</p><p></p><p>Why would a "former" employee, recently arrested and fired from UPS approach your man and offer to sell him a phone out of the blue, unless your man knew the inside scoop on the phone to begin with.</p><p></p><p>Your man claims to be innocent, yet, pays the seller $100 in a parking lot of the very employer where the phone was stolen and takes it into LP for a property pass and not having the brains to know that LP would write down the serial number and other identifiable info from the phone and match it up with a database of stolen merchandise.</p><p></p><p>This is not something an innocent man does, its something a thief would do who believed he got something for nothing.</p><p></p><p>An innocent man would decline to buy the phone, contact UPS and report a former employee trying to sell phones in the parking lot.</p><p></p><p>All that baloney about helping out his family and needing food and stuff...yeah right.</p><p></p><p>I dont buy it. It makes no sense at all.</p><p></p><p>If your man had a reasonable alibi, I am sure the DA would not prosecute.</p><p></p><p>But, the fact that he was offered a plea deal, suggests on the surface that there is more to this story than your telling us.</p><p></p><p>I hope you have more evidence than pounding on your chest.</p><p></p><p><img src="/community/styles/default/xenforo/smilies/FeltTip/dead.png" class="smilie" loading="lazy" alt=":dead:" title="Dead :dead:" data-shortname=":dead:" /></p></blockquote><p></p>
[QUOTE="The Other Side, post: 433618, member: 17969"] Red, my friend, your intentions may be right in your heart, but wrong in application. ANYTHING you may have heard at PANEL would be HEARSAY and NOT admissible in a court of law. UPS itself would have to come in and testify as to WHAT they said, WHY they said it and you could not communicate this for them. I think, and this is my personal observation, your in way over your head. No matter what was said at a panel hearing, remember, there is law to consider, not just your feelings. At panel, there is no sworn testimony, no witnesses, no video or audio and no stenographer. The person in question was NOT under oath at panel and neither YOU or the Local business agent can TESTIFY for him. I know you want to help him out and all, but dont you think this is rather silly to invest this much effort in? You yourself said there was a PLEA agreement offered? Well, what was it? Was it for a reduced charge of possession? What circumstance did the prosecutor use to file a felony charge? What have you left out that we dont know? Why would the DA offer a plea agreement if the guy disputed UPS's charge with a PROVEABLE alibi? What has this guy told a court so far? Why was the case postponed? How do you expect to be a witness for him if all you have is hearsay evidence? This will never be allowed. I dont want to throw out a bunch of legal terms and latin phrases to you, but I have one in mind I would like you to learn: [SIZE=3][COLOR=#575757][B]fate accompli[/B][/COLOR][/SIZE]-an accomplished fact; a thing already done: [I]The enemy's defeat was a [/I]fait accompli [I]long before the formal surrender.[/I] Your man knew he was purchasing an expensive cell phone from a former employee who was known to have stolen merchandise from the company before and recently arrested and fired. This FACT sealed his fate. You cannot ignore that someone would "knowlingly" purchase an expensive cell phone at a huge discount and NOT know it was probably stolen. The relationship between the seller and your man "suggests" that they had a close relationship, one built on trust, and it could be suggested that your man was in on it the whole time. Why would a "former" employee, recently arrested and fired from UPS approach your man and offer to sell him a phone out of the blue, unless your man knew the inside scoop on the phone to begin with. Your man claims to be innocent, yet, pays the seller $100 in a parking lot of the very employer where the phone was stolen and takes it into LP for a property pass and not having the brains to know that LP would write down the serial number and other identifiable info from the phone and match it up with a database of stolen merchandise. This is not something an innocent man does, its something a thief would do who believed he got something for nothing. An innocent man would decline to buy the phone, contact UPS and report a former employee trying to sell phones in the parking lot. All that baloney about helping out his family and needing food and stuff...yeah right. I dont buy it. It makes no sense at all. If your man had a reasonable alibi, I am sure the DA would not prosecute. But, the fact that he was offered a plea deal, suggests on the surface that there is more to this story than your telling us. I hope you have more evidence than pounding on your chest. :dead: [/QUOTE]
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