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1:05 AM
> Rogers, 41, died overnight between June 15 and 16, 2016, while in custody at the Halifax Regional Police station for public drunkenness. Gardner and Fraser were the booking officers on duty at the time.

> Rogers died from asphyxiation after choking on his own vomit while wearing a spit hood that covered his face. The two special constables were accused of failing to conduct proper safety checks on him while they were on duty.
> The arresting officers placed the spit hood over Rogers' face when they arrived at the station after he reportedly banged his head against the plexiglass divider in a cruiser and spit in the back seat. He refused to walk, so the officers carried him into the booking area for processing before placing him in an unfurnished cell for prisoners who are severely intoxicated, violent or suicidal.
> A video recording played in court Oct. 31 showed the arresting officers dragging Rogers into the cell, spit hood in place, at 11:07 p.m. His body is seen convulsing a half-hour later and when Fraser checks on him at 1:39 a.m. there is no response, at which point the special constable calls for backup.

> Vanderhooft was brought in from Manitoba to prosecute the case. In his closing arguments on Thursday, he alleged the two booking officers were criminally negligent in their duties when they failed to adequately assess Rogers' medical condition after he was brought in, do appropriate cell
> The lawyers for the defence, David Bright, representing Fraser, and Ron Pizzo argued that their clients' conduct was not a marked departure from the usual procedure of the job and that they were performing their duties the way they always had, with little support from management.
 
that's less "a defence" and more "a damning indictment of the entire Halifax police force", IMO
 
Some additional points about that defense, is they said they weren't properly trained in the use of the spit back.
@ToxicFrog Yes. If they weren't properly trained to use the bag (and I believe them), then the organization itself has failed.
Although I feel like "take the bag off once you toss them in the jail cell" would be fairly obvious.
Oh wait
> Special constables are are not police officers but handle specific tasks for police forces, such as booking. The province's Serious Incident Response Team laid the charges against Fraser and Gardner in November 2017.
Maybe regular police officers are trained,but these special constables aren't?
Still a huge failure on the department mind you, but anyone working for the police should be trained in any equipment they may need to use.
 
Honestly they should be glad that didn't rise to recklessness.
Negligence causing a death is the bare minimum here
Def couldn't get intent but negligence or recklessness for sure
 
@Unionhawk It looks like in Canadianlaw "Recklessness" isn't a separate thing from neglience.
> Criminal negligence
> 219. (1) Every one is criminally negligent who

> (a) in doing anything, or
> (b) in omitting to do anything that it is his duty to do

> shows wanton or reckless disregard for the lives or safety of other persons.
and looks like the maximum for negligence is life imprisonment:
> "The maximum available sentence is life in prison; we certainly won't be seeking that," Crown attorney Chris Vanderhooft told reporters outside the courtroom after the verdicts were announced. .
So criminal negligence in Canada must be broader than the US counterpart, so there's no need for a separate "tier".
 
 
1 hour later…
2:40 AM
@Wipqozn Ah I see
American law typically separates negligence, recklessness, and intent
With recklessness existing somewhere between negligence and intent, you didn't mean to but a reasonable person in the same situation would have acted differently
Which I think is also negligence so idk
> Unlike negligence -- which occurs when a person unknowingly takes a risk that they should have been aware of -- recklessness means to knowingly take a risk.
Aha
 
 
15 hours later…
5:21 PM
@TimStone @Yuuki Your favorite kind of Houston news! You have so much to apologize for :P
 
@puzzlepiece87 I'm too busy bemoaning my lack of fiber choices right now.
In that I have no fiber choices.
ATT's fiber isn't in my area and Comcast's gigabit isn't fiber.
And I'd have to take out a second mortgage to get Centurylink setup apparently.
 
 
1 hour later…
6:54 PM
> [Rep.] Thornberry (R - TX) replied: “And process — you know, you all always want to say substance, not process. There’s a reason we let murderers and robbers and rapists go free when their due process rights have been violated.”
... well that's certainly a defense...
Also Thornberry,
> There’s not anything that the president said in that phone call that’s different than he says in public all the time. So, is there some sort of abuse of power that rises to that threshold that is different than the American people have been hearing for three years? I don’t hear that.
So if you do enough crimes, it becomes legal? Like one of those purchase rewards cards, "do 10 crimes, get 1 free"?
 
7:13 PM
@TimStone Well, at minimum, the churro vendor was definitely causing digestion.
cc @GodEmperorDune @Wipqozn @Ash
 
7:27 PM
@Yuuki Didn't Nixon use the same defense? It's not a crime if the president does it?
 
@Nzall There's "it's not a crime if the president does it" and there's "it's not crimes if you do crimes all the time".
There's a less than subtle difference there.
 
@TimStone lolok
i'm not sure if i hate this forever or it's everything i ever wanted
 
lmao
His commitment to divulging private information because he just completely lacks self-awareness is incredible
We turn now to another person lacking self-awareness,
 
8:19 PM
Don cherry has been fired following his (latest) comments about immigrants cbc.ca/sports/hockey/nhl/…
> Cherry, 85, singled out new immigrants in Toronto and Mississauga, Ont., where he lives, for not honouring Canada's veterans and dead soldiers.
> Cherry did not respond to phone calls seeking comment and has not publicly apologized. Segment co-host Ron MacLean apologized Sunday evening.
 
9:09 PM
@Wipqozn Pretty amazing it's taken this long tbh
 
@TimStone Seriously though.
I'm pretty sure this isn't even his first rant against immigrants
 
9:25 PM
This must've just been the straw that finally broke the camels back, or what have you.
 
10:16 PM
@TimStone quite sure that's what Mueller was implying with his report
 
Yep, somehow this is indeed a new tweet
 
@TimStone the fact we can find a part that sounds like Mafia Extortion in it says otherwise
 
Some more context around Don Cherry's Firing beta.ctvnews.ca/national/sports/2019/11/11/1_4680203.html
 
Based on the flag though it looks like his platform involves a little consolidation of the 50 states…
 
> Cherry has periodically attracted controversy for making comments deriding Europeans, French-Canadians and people who ride bicycles. In 2003, his segment was placed on a seven-second delay after he criticized Canada’s decision not to join the Iraq War.
@TimStone I'm not sure who this is, but I'm going to assume we don't want him to win?
 
Donald Leon Blankenship (born March 14, 1950) is an American business executive and was candidate for the United States Senate in West Virginia in 2018. He was Chairman and CEO of the Massey Energy Company—the sixth largest coal company (by 2008 production) in the United States—from 2000 until his retirement in 2010. On December 3, 2015, Blankenship was found guilty of one misdemeanor charge of conspiring to willfully violate mine safety and health standards in relation to the Upper Big Branch Mine explosion. On August 14, 2018, Blankenship's campaign for Senate made a statement outlining claims...
Ah, the onebox is too small
I was hoping it'd show the part where he went to prison for conspiracy to violate health and safety standards
He also describes himself as "Trumpier than Trump" and did the Cocaine Mitch things against McConnell when he ran for Senate
 
> A promotional video published by Saudi Arabia’s state security agency categorises feminism, homosexuality and atheism as extremist ideas, even as the conservative Muslim kingdom seeks to promote tolerance and attract foreigners.
yeh don't think that how you promote tolerance
unless it's tolerance for intolerance
 
11:47 PM
 

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