To All Media
You should feel an ethical obligation to report the full facts about the attacks on Byron Smith.
The Basic Facts of the Attacks
This is critical because this information was suppressed and hidden from both media and public, even though it is the necessary and obvious explanation of the conclusion.
For example, the prosecutions claim for "need to call a lawyer" is said to be proof of premeditation - yet, when the five previous attacks are considered, it's obvious that a lawyer was needed for what had already happened, with no concern for unknown future events.
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6 felony burglaries (felony - greater than $500)
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Within a five month span (July through November)
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Total initial losses = $53,000 (more were discovered later)
(when asked on camera, how much?, deputy Luberts said "Not much")
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4 violent home break-ins (3 broken doors, 1 broken window)
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All within the final 30 days (late October and November)
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Two attackers in the 6th attack - adults at 18 and 17 (felon = adult), NOT "CHILDREN"
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3 guns stolen (homeowner Smith now knew they had guns)
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They knew that he knew, but still they came back and attacked again.
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one gun was recovered from Chase Fortier, making him guilty of three felonies: underage possession of a semiautomatic, receiving a stolen gun, and concealing evidence. No charges were filed.
Judge Anderson denied the jury this information in the April 2014 trial.
The attorneys refused to release any of this to the media.
This information was accepted as true by the prosecutor and the judge in the August restitution hearing.
It is now part of the official court records.
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Read Minn. statutes 609.748 and .749 especially Subd. 5
which states "3 attacks within 12 months causes terror."
(Both prosecution and defense refused to cite these statutes)
Judge Anderson denied (refused to allow) any "state of mind testimony." Why?
Despite 100's of law review articles and 1000's of precedent court cases emphasizing the critical importance of that, defense attorney Meshbesher failed to insist on that testimony.