At our office, we look at the evidence and we look at the law when we provide advice on charging. When the police do not know who may have committed an act it is not legal or ethical to recommend charging. (There is also no evidence that this was a conspiracy or that multiple individuals could be criminally responsible as accomplices).
There are times when the State shows true discretion or mercy, but this is not one of those times. Our inaction when it comes to charging is commanded by the law and ethics-not race or any other factor.
75 comments:
So charge them both until one finally comes clean. Detective rule 101.
What a bunch of crap, you can bet that if they were white they would have been identified.
And I thought Davis Ruark was a terrible DA.
I agree with what the SA is saying to an extent. I do question, to what lengths and what further resources would have been used had the evidence pointed to two white people being the possible responsible parties.
1.)Black Chief of Police. 2.) Liberal President of the college 3.) Rhino for a State's Attorney. STIKE THREE !!!!!
Ed Lashley has never had an issue playing the race card. Sorry Ed it is what it is. You and LIL Ern. If they were white kids you would fry their ass. Call as is it is. Were V.S.A.s offered. Who did the interviews and did ever become an interrogation?? I seriously doubt it. Matt you can put all the make up on this pig you want. It was handled wrong from the onset.
I do not so much care about prosecution but these two hard heads owe this city an apology at the very least. If one of the parties is not talking then it is a given it was a conspiracy. I am sorry that only applies to white folks in this county.
I call B.S. too worried about a judgeship. Case Law is made every day RRE statutes should apply to all ole boy. This was an egregious act against all WHITE people. It was attempt to inflict fear by race and or religion. So save your bull shit Matt. They did not have good intent and if you cant solve this one what about the next one.
They should at the very least be exposed. White people are sick of the politicians and at the end of the day that is all you actually are I see. Black wash this one you will Black wash the next. I have lost faith in you. A judge makes the tough calls.
Excellent explanation.
Thank you Joe
Where is Al and Jessie ? They will get to the bottom of this mess !
Suspend both Students Dr. Dudley Do-Nothing @ Salisbury University!!
bs matt! charge them both and send them both up. if it was 2 white guys you would be all over it! since one wont tell they are both in on it!
Charge them both and pit them against each other, first one that talks, walks!
He is also mixed up on the finding of guilt, it is up to the Jury to find the truth.
Agree with all above. Stinks of a double standard.
What do you computer attorneys recommend they be charged with? Black while writing on a dry erase board?
Amazing especially since the SU police chief is BLACK and a X state trooper.
states attorney can't force SU Police to hand over evidence ?
Charge both as accessories to a hate crime. Also get a warrant and retrieve samples of their handwriting from their dorm. Compare to the writing on the board and see what matches
Lashley and the President will not let this incident to be prosecuted. They are royally PO because it is out thanks to Joe. They attempted to cover it up simple for the fact that Lashley or the President could not benefit. Lashley is a wimp on a leash and the President will not allow prosecution because it creates bad publicity for the College. Only about 5% of the crime linked to SU is ever brought forth to the Public. SU is "cover up city".
4:56 Agree. He makes the charges. He does not decide on the finding of guilt. I respect Matt a lot but he has sugar coated this one. Do your job, charge them both.
Cops don't have problems manufacturing evidence when it suits. Guess it doesn't suit.
So your gonna tell me you don't know who sent the digital file that was a fake? They were both in the room and took a picture so someone knows who drew it. They should at least face suspension from the college at the minimum. I am still paying student loans from SU and this defaces my degree.....bull.
When there are drugs in a car and no one admits to ownership, everyone is charged. Constructive possession is what they call it.
Digging a hole for yourself Matt.
"When the police do not know who may have committed an act it is not legal or ethical to recommend charging"
Really?
Wow, no need to even comment on this statement. Not enough time or space.
If anyone is upset about the lack of accountability, they should contact the Maryland System Board of Regents Chancellor. President Escbach will continue to stick her head in the sand. Most of the deciders at SU are exempt employees and Eschbach will make sure they are fired if they don't go along with her.
Black or minority students, athletes or rich students will get a pass every time. She should have been replaced a long time ago. Nothing more than a career politician.
SU has no problem expelling students who have consensual sex. Oh that's right, if alcohol is involved they can't consent. The Su judicial system sucks.
So we are led to believe that SU police have more juice th am the state's attorney? lol don't fall for this .
I love the computer attorneys. Good call SA.
6:38PM
You are only partially correct.., the entire judicial system sucks.
Cassius Clay had it right, "American justice is all about money, and I got plenty of that."
so you can be in a room where racially charged graffiti is written but you cant be charged as an accomplice.
but you can be in a room where somebody shoots another person and you charged with accomplice to murder. our corrupt court system at work folks.
When I was falsely accused and arrested, I damn sure didn't get this kind of marshmallow treatment. Although it was under Ruark, Matt, I thought you would be better.
yep 100% correct all they had to do was put pressure on them and they would have rolled on each other this is being pushed under the Blackwell library rug so not to alert college parents$$$$$$$$
What exactly is the crime in drawing on an erasable board???
I think they should both be expelled, but I certainly can't see a grand jury indicting either of them. The only result of their racist mischief was a godawful editorial from the DT only to be followed by another weepy one. Those bordered on journalistic crime.
Another case of a Republican promising constitutionally applied ethics, and fairness, then after we vote you in, you cave to the liberals. Might help you become a judge in this liberal state, but don't expect us to vote for you again if you can't even solve a simple crime and you know who did it. One of two people in a room, one is guilty, at least, and one is obstructing justice! Damn Matt, it's not that hard!
8:08, Let me ask you this. Did you see the PICTURE I was the first to publish on this matter days ago AND the one on this post today?
Once the IMAGE/PICTURE was taken, it's no longer an erase board, is it. It has now proven to be an image that will be on the Internet FOREVER. You can't erase that now, can you.
I totally understand, Matt.
Thanks Matt smh
Bull Shi## Matthew. That is as lame as it gets. Now, if you had an assault on your hands, (in a folder without color of course), and two people might have been involved...are you saying that you would not go after the perp? Bull Shi# Matt!
The University police are not particularly top shelf. I've witnessed for years how they harass the campuses' support contractors with their petty agendas. Usually, it's parking tickets.
Sometimes bald heads = empty heads not necessarily law enforcement heroes
Thanks for what 9pm, letting a couple of thugs get off with a crime?
I agree
Exactly,.'Charge them both and let a judge or jury sort it out. In any event, they should be expelled immediately.
The gov will soon be appointing a judge...I hope it's not this democratic fool...
man we are royally screwed. If matt cant figure out how prosecute this simple case what the hell is he gonna do about real crime? you wont be getting me vote next time around. see ya bub!
don't worry this is coming out in the daily mail.
Matt you just joined the burys good ole boys club,you just lost our vote in my household x3.
why would you post this then basically back Matt sounds like your once again playing both ends.
So your telling me 7 Seven witnesses wouldn't say nothing or rat out each other ? I say certain people weren't doing there jobs, starting with the SU president, SU police chief, district attorney, politics damn shame.
This does stink very badly of a double standard, Ed Lashley I thought you were better than this but this has certainly changed my opinion of you. Why don't you do the right thing? And as for you Esbaugh, you need to be replaced, immediately if not sooner. Matt M. you need to quit covering all of this up, people in this community are not as stupid as you seem to think they are. Remember you got voted in, but it won't happen again if this is the best you can do.
7:16, I just don't think most of you get it.
The Chief of SU Police must press charges FIRST. Maciarello can do NOTHING until charges are filed.
So why do I have Matt's back on this, because it is not his fault. He is following the letter of the law.
Now, do I like it, no. However, he has no choice at this time and that is why the original press release on this matter said no charges have been filed "at this time". There's nothing saying they won't file charges in the near future and it does seem odd that the Police Chief is calling it quits, so far. Clearly the local residents aren't happy with that and I can't disagree.
As for it being a black vs. white thing, well, I do strongly feel that if it had been a white person behind this, it wouldn't have been just a local story, it would have been a national story that might have even brought Presidential attention or Jessie and Al. I can't argue that point as well. I also believe that SU would have expelled that person, so that becomes questionable as well.
Just remember, Matt can't do anything at this time, his hands are tied.
With this issue, writing on a dry-erase board in a public location by people who are permitted to be at that location, people are missing the true concept here. We are all looking at this through the eyes of a moral basis rather than legal basis. Although this form of speech is not popular, it is an expression of free speech by these students. They did not damage property; break trespassing laws or other criminal laws to express their views.
Although I do not believe in their views, I do believe that their rights do need to be protected for this form of speech. Please review both the US Bill Of Rights ("Amendment I - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.") and the Maryland Declaration of Rights ("Article 40. Freedom of speech and press - That the liberty of the press ought to be inviolably preserved; that every citizen of the State ought to be allowed to speak, write and publish his sentiments on all subjects, being responsible for the abuse of that privilege.") These students should not be charged criminally; rather their actions should be addressed using the Salisbury University rules of conduct for students. If we do not protect all forms of speech then it is a slippery slope to go down. If you ignore the Bill Of Rights and the Declaration of Rights for these students then most of the posters on this forum should be arrested and charged with hateful speech.
It is disturbing that these students exercised their rights of free speech in this manner, but it is more disturbing that the District Attorney of Wicomico County does not recognize the true reason for no criminal charges being brought against these students. Rather than making up a story that they cannot determine who wrote the offensive materials, the DA should have recognized a clear case of free speech. The current DA, as well as past District Attorneys, has charged people with crimes where the evidence was not 100% in their favor. As another commenter wrote, if there are two people in a car and drugs are found, both are charged for joint constructive possession. If the DA is not sure who committed a "crime" and both are in the location where a "crime" was committed, they would be charged with criminal conspiracy.
So -- we should be upset with the District Attorney who does not acknowledge our constitutional protected actions. He should not be the District Attorney.
I call this BS joe,your telling me the STATES ATTORNEY has ZERO authority at a PUBLIC school ? I will be looking into this with OTHER states attorneys,Matt is running for a Judgeship ?.
7:48, Thank you for your comment. While in some cases here I'll have to agree to disagree.
First, Maciarello is the "SA" States Attorney, not the DA, District Attorney.
In my discussions with Matt on this matter, he did recognize all of what you are saying. It is confusing as to what exactly might be the criminal charges.
When you get real technical and look at the law, destruction of property's language talks about permanent damage. On a dry erase board, it can simply we wiped off. My argument towards that is, not when pictures have been taken and it is posted on the Internet, newspapers and TV. I'm no lawyer though.
I would agree with you that at a minimum SU should take action. I'm a bit upset about how black students tried to make it look as if white people/person had dome this. To me, that's a hate crime.
Anyhow, great comment and thanks again for sharing your view.
7:57, Is that you JR?
You heard me right. Matt has absolutely no authority in this matter until charges are filed.
As for Matt "running for Judgeship", this is an appointment by the Governor. He's not "RUNNING" for anything.
So stop acting like you can do anything about his appointment.
BS its hate speech which is NOT protected under free speech they need to be prosecuted for hate speech and incitement to riot.it is also a Public.school and Matt has NO authority? he is the top lawman as is Mike Lewis.MIA.
THE student body has also brushed it under the rug ,nice try liberal.
Not saying I'm happy with the outcome of this incident, but people have the right to be racist under the constitutionally-protected freedom of speech. There is also no real clear victim, so it can not be considered a hate crime.
With that being said both of these students should be placed (at least) on academic probation if one does not confess to the issue at hand. Though not apples to apples, in MD if drugs are found in a vehicle and no one claims them every party present is charged with possession. Again not saying a crime was committed but punishment is in order for these shallow excuses for humans.
I feel if my white son did this he would be publicly shamed and charged with mdop.
8:06 your comments are interesting, to say the least. Addressing several points: first, there was no overt action to "incite a riot". There were no students at the school that saw the drawing and started rioting. In order to "incite a riot" you need to have the riot. Second, "hate speech" is relative. I view the whole "Religious Freedom" movement in the south as hateful speech. I view Ted Cruz as a person who spreads hateful speech. But both of these are protected under the constitution. Some people would view a comment of "Omg - that old fart just cut me off in traffic" posted on Facebook as hateful speech -- so should everyone on Facebook who posts something another views as "hateful speech" be arrested?
I also think it is interesting how the general public does not understand our criminal justice system. I think everyone should read and become familiar with the system. Just as I had made the mistake of calling Matt a "District Attorney" (in other states he would be a District Attorney rather than States Attorney), others here are misinformed on how our criminal justice system works.
We are fast becoming a nation that is passing laws and enforcing laws in areas the law was not intended to cover ("creative law enforcement") to try and push our moral views on others. One of the many things that make this country great is that we have these freedoms. We should protect our freedoms and allow others to live their life as they see fit rather than persecuting them for having views different than ours.
I do commend Joe for talking to the States Attorney (see - I got it correct this time!) and try to find out the facts rather than just spewing accusations. Joe you are turning into a true reporter of the facts!
Matt ain't trying hard enough.politics.
Then maybe the SA should have just said I can't do anything until the SU police bring charges. I think he has gone to far if its true he cannot do anything. He still has lost my respect. And I do believe trying to incite a racial problem is a crime - they could find away to charge if they wanted to charge.
At the very least the kids should be expelled. Any word on them being kicked out of school?
It sounds to me that SU and its police have dropped the ball here. If they are this lame, how well are your students protected from other crimes? Yes, in my view, this is a crime. What if this had caused rioting that spilled over into shopping centers and neighborhoods. Just because it didn't happen THIS TIME, doesn't mean it can't or won't next time. Very weak by SU.
exactly correct that was there plan all along.
I agree Matt should have stated that more forcefully than he did instead of making it look like it wasn't a big deal.
8:37 The determination of a crime is determined by the criminal codes and past court cases (case law). If we charged people on what others determine as a crime (without going through the legislative process to define crimes) would drive our nation back to the 1700's. Your comment "What if this had caused rioting..." is ridiculous. Watch the movie "The Minority Report". Imagine a nation where you are arrested on the "What if it caused " basis rather than the nation where we live now where "It caused ...." is required to bring criminal charges (there are a few exceptions - but they are well regulated).
Don't read into my comments here. I do not condone their actions. Their actions disgust me. But I do respect our constitution and system of laws and enforcement. I am a man who loves another man. This disgusts some people and some people think it should be criminal. Should I be arrested?
7:48 Yawnnnn!!! save you constitutional law class. Simple test. Was it directed at a race of people to instill fear. Answer wait for it YES. Stop protecting a bad choice by your boss. Maybe you are one of the S/As jockeying for the top spot when he becomes a judge.
This is a prime example of let sit on it till we have to do something. Well gentlemen that time has come. White and Black alike are angry this case has gone the route it has. Sometimes we have to do our jobs and it wont leave you all shiny to the public. This is total BS maybe Matt just should have stayed out of it until he was called in. Grandstanding as Matt loves to do lately cost him. Do your job Matt. I will never vote for this Drama Queen again. Well maybe lol He reminds me of Tom Hanks in BIG lol
"I instructed the police to charge him with failure to report.........................."
Quote from Mr. Joel Todd (Former States Attorney ) in a interview reference to a unrelated case.
So, this cannot be done here and go to trail ( or cut a deal )? At least throw it out there and see if it sticks. Enough of sweeping this mess under the carpet for political reasons.
9:36 Interesting that you think the constitution is boring (Yawnnnn!!!). you live under its protections every day. The least you could do is attempt to understand it. Oh yes -- lets bring back the Salem Witch Trials and burn these people at the stake because we don't like them. Yes -- lets allow history to repeat itself because we have not learned from our past mistakes.
The bottom line is that what they did is disgusting. But -- that is my opinion, a moral opinion not a criminal opinion. We need to keep the protections afforded to us sacred -- if not you may find yourself in the same position as these students -- although it will be for another basis (I hope).
It's interesting because I'm sure if the offenders were white, they would have been charged with a hate crime and prosecuted. But, because the offenders are black the states attorney who is supposedly "ethical" is playing politician, which is exactly what he is. Another worthless elected official.
seems a like a handwriting sample is all you would need to narrow it down.
Video shows two girls, arrest them both, and offer them a deal to talk on the other one. Also offer Polygraph and get handwriting samples. So easy, yet some are too stupid to figure it out.
White students should have a sit in.
Bet if it had been two white students charges would have been filed. Then we wonder why racism is not getting worse.
Apparently, Matt Maciarello doesn't know the Blackwell Library's procedures for opening the study rooms. Because they're used by everyone, they have to be checked out. Plus the library staff is supposed to monitor these rooms. They know who was in the room, but because they're black, refuse to name them to authorities. God forbid for the university to look bad. How would be they able to sell themselves to northern parents looking to have their kids away from the race problem in the big cities? Such a sham.
If this had been Baltimore the black students would have rioted and then when they found out it was two black students, they would say it was fabricated by the white man. This was done to instigate and create a racist environment. Someone could have gotten hurt over this type of hate.
919 a lot of the student body is unaware except for word of mouth until here recently. Supposedly there are other incidents like this happening all over the campus that no one feels the need to relay to the student body or faculty.
Ethics - "moral principles that govern a person's or group's behavior." Well how about teaching the students about morals and principles? So the reason these students are not being held accountable is about ethics? Absolutely unacceptable!
Post a Comment