We the People

Eternal vigilance is the price of liberty. Politics and civil commentary with community columnist John Eyster.

ALERT UPDATE! Case of John Spooner: Verdict 1 - Guilty. Verdict 2?

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John Eyster
Thursday, July 18, 2013

Case of John Spooner: Verdict 1 - Guilty. Verdict 2?

UPDATE ALERT! SURPRISE INTERRUPTION in SPOONER TRIAL TODAY! I added report in my post now (3:20 pm, today - Thurs., 7/19/2013).

Reading the update on the trial of John Spooner who shot Darius Simmons in the Milwaukee Journal Sentinel this morning, I was AMAZED at the evidence defense attorney Franklyn Gimbel delivered to the jury to support his claim that Spooner was momentarily insane at the time he shot Simmons. I urge YOU to be sure you read the whole article so YOU can consider the evidence yourself!

You can use this link to access the Milwaukee Journal Sentinel’s article published today, “Guilty verdict spurs insanity defense in shooting of Darius Simmons” by Isaac Stanley-Becker.

TODAY the trial will bring the testimony led by Assistant District Attorney Mark Williams with medical expert witnesses whom Williams told the jury yesterday “will tell you that Mr. Spooner was not suffering from a mental disease.” The article continues, “He said Spooner considered the shooting carefully, telling medical examiners that it was ‘an even trade – killing the boy for the guns’ that he believed Simmons had stolen from his home two days earlier.” Today we hear from those medical expert witnesses.

I am convinced that John Spooner is FULLY RESPONSIBLE of first degree intentional homicide and should be sentenced to life in prison without opportunity of release. I confess this is a case in which I wish WI had the death penalty. What do YOU think?

ALERT - NOW we have a manipulation of the TRIAL BY THE DEFENSE ATTORNEY in a very, very unusual way. Read the report in the Milwaukee Journal Sentinel, "Judge: Spooner fit to continue with insanity trial." Read the whole article to gain information and perspective on the SUDDEN INTERRUPTION of the trial today. NOW - the Milwaukee Journal Sentinel is updating the article as the trial continues with different titles on the article. Just a heads up. What do YOU think?

I accuse the defense attorney Franklyn Gimbel of PLAYING GAMES in the midst of this trial.

I note the report, ÆJanine Geske, a Marquette University law professor and a former state Supreme Court justice, said in 35 years of practicing law in Wisconsin, she has never seen a defendant's mental capacity queried in the middle of a trial."

Thursday's delay was a frustrating development for the prosecution.

"This is a mess," Assistant District Attorney Mark Williams said. "I guess we'll have to wait to see if he's competent."

Today's delay was a frustrating development for the prosecution. The article reports that Assistant District Attorney Mark Williams said, "This is a mess. I guess we'll have to wait to see if he's competent."

TRUTH BE TOLD - John Spooner is FULLY COMPETENT. It is his defense attorney who may NOT be competent. NOW the issue cited below comes into play with the "conflict of interest" between the defense attorney and the judge. Keep your eyes open! Forewarned is forearmed!

Some comments on my blog post have objected to my bringing the discussion of the FL case in which George Zimmerman was acquitted in the death of Trayvon Martin last week and citing the Milwaukee Journal Sentinel’s article, “George Zimmerman trial has effect on jury selection in Milwaukee case.”

TODAY the New York Times published a report by Steven Yaccino which was written after the jury delivered the GUILTY VERDICT for first degree intentional homicide in the Spooner case, “Echoes of Florida Case in a Milwaukee Trial.” The Zimmerman case continues to haunt the environment of the Spooner case in Milwaukee. Surprised? I am NOT.

I was concerned when I read Daniel Bice’s “No Quarter” column yesterday, “Judge, lawyer in John Spooner case have family ties.” I share Bice’s conviction that Milwaukee County Circuit Judge Jeffrey A. Wagner should have recused himself from this case due to the fact that the attorney for the defense, Franklyn Gimbel and he have family relationship. They share a granddaughter.

Bice cites Frank Tuerkheimer, A university of Wisconsin – Madison Emeritus law professor and former U.S. attorney, who asserted this is a clear-cut case. Bice reports that Tuerkheimer made the wrong call by NOT recusing himself.

Bice reports, “Tuerkheimer described the relationship between Wagner and Gimbel as "pretty damn close" because of their children's marriage. The prof said Wagner may believe he is being fair, but the personal ties may make it look like he's favoring one side over the other.

He continues to quote Tuerkheimer , “It's wrought with unnecessary complications. Since there are other judges around, I think (Wagner) should exercise a little discretion by saying, 'Look there's a possible appearance of partiality. Somebody else should take it.'" I AGREE! What do YOU think?

The MOST meaningful and encouraging material I have found on the situation is Joshua DuBois’ feature, “The Enduring Rift: Understand our inner Trayvons and inner Zimmermans” in this week’s Newsweek. You can use this link to read the article, “The Enduring Rift: Understand our inner Trayvons and inner Zimmermans.”

I agree with DuBois' call to a VERY LOCAL face-to-face conversation about our inner Trayvons and inner Zimmermans. What do YOU think?

If you want to learn more about the author Joshua DuBois, who was born in 1982 and is the former head of the Office of Faith Based and Neighborhood Partnerships in the Executive Office of the President of the United States under President Barack Obama. DuBois stepped down in February 2013 to write a book of devotionals based on the ones he sends Obama, start a consulting firm, and become the weekly religion columnist for Newsweek and The Daily Beast. The Wikipedia biographical article adds more information – here is the link, “Joshua DuBois.”

NOW I await the 2nd verdict of the jury in the trial of John Spooner and continue to ask, “Will JUSTICE be delivered this WI trial?” I myself vote RESPONSIBLE for the first degree premeditated homicide of Darius Simmons. How say you?

Here we go…

Mr. E.

Last updated: 8:25 am Monday, July 29, 2013

John W. Eyster lives in the Edgerton area. He is an adjunct professor assigned with the online/distance education faculty of Viterbo University, LaCrosse. He continues his personal mission supporting democracy/civics education in Wisconsin K-12 schools through Project Citizen, We the People, Discovering Democracy (Milton HS). John is a community blogger and is not a part of The Gazette staff or management.

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