TATTOO DIDN'T TAINT TRIAL CONVICTION ON ASSAULT UPHELD.Byline: KAREN MAESHIRO Staff Writer
PALMDALE -- Letting a jury hear that a Palmdale parolee pa·rol·ee
One who is released on parole.
Noun 1. parolee - someone released on probation or on parole
probationer had a swastika tattoo on his leg didn't violate the man's right to a fair trial The Right to a fair trial is an essential right in all countries respecting the rule of law. It is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights, the Sixth Amendment of the US Constitution, and Article Six of the European Convention of Human for a racially tinged brawl prompted by the defendant head-butting a black teen, an appeals court said.
In upholding the assault conviction of 21-year-old Michael Gaines Michael J. Gaines (born March 30, 1980 in Tallahassee, Florida) is an American football tight end who currently plays for the Buffalo Bills of the National Football League. , who is white, the 2nd District Court of Appeal concluded that the judge was within his authority to let the jury know about the tattoo and that, in any event, it was not prejudicial.
``Evidence that Gaines harbored racial animus Animus - ["Constraint-Based Animation: The Implementation of Temporal Constraints in the Animus System", R. Duisberg, PhD Thesis U Washington 1986]. against (b)lack persons was relevant to demonstrate his motives for his actions, and to rebut To defeat, dispute, or remove the effect of the other side's facts or arguments in a particular case or controversy.
When a defendant in a lawsuit proves that the plaintiff's allegations are not true, the defendant has thereby rebutted them.
TO REBUT. evidence that he acted only in self defense,'' the ruling said.
``The jury already had before it evidence that (a victim) referred to Gaines as a `skinhead skinhead
Member of an international youth subculture characterized by hair and dress styles evoking aggression and physical toughness. Typical skinhead style includes shaved heads, combat boots, tattoos, and prominent body piercings. ,' that Gaines referred to himself as a `peckerwood,' or white person, and that Gaines had devil horns tattooed on either side of his head. The swastika tattoo was unlikely to be significantly more damaging than this evidence,'' the ruling added.
Gaines is serving a seven-year sentence for assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. and misdemeanor assault. The jury acquitted him of two other counts of assault with a deadly weapon, and he was also acquitted of attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill. and attempted voluntary manslaughter.
Prosecutors said the brawl occurred in June 2005 after Gaines head-butted and knocked to the ground a 15-year-old boy who passed him walking near Lake Elizabeth Road and Sagetree Lane, then threatened the teen's brother with a knife.
Gaines later told deputies that the boy he head-butted and his friends had attempted to pick a fight with Gaines' younger brother in a dispute about a girl, the ruling said.
After the brothers returned home, they, their stepfather and several other relatives and friends drove off looking for Looking for
In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. Gaines and found him and a companion about 10 to 15 minutes later in the 38000 block of Juniper Tree Road.
What exactly happened after the group confronted Gaines depends on who was describing it, but one member of the group was armed with a hammer and another repeatedly punched Gaines after Gaines got into his stepmother's car, prosecutors said.
Gaines stabbed the person who punched him -- and was not charged with a crime for that -- then got out of the car and stabbed another in the arm, then chased and stabbed the stepfather in the head and chest, prosecutors said.
Gaines said in court that he identified himself as a peckerwood -- which is both Southern slang for a poor white person and a common name for white street gangs -- after the stepfather called him a ``n-----.'' He denied that a person who is a ``peckerwood'' is a ``race-hater'' and denied promoting violence against black people or belonging to any groups that did.
The prosecutor requested a sidebar conference with the judge and argued evidence of the tattoo should be admitted to rebut Gaines' testimony that he was not a member of a group that advocated violence against nonwhite non·white
A person who is not white.
nonwhite adj. racial groups.
Over defense objections, the judge ruled the jury could be told of the tattoo ``on the issue of (Gaines') intent, and it goes to his credibility in terms of what was really going on,'' the ruling said.
Gaines later testified that he would have behaved the same way regardless of the other people's race, the ruling said.
``Certainly, the racist terms allegedly used by both (the stepfather) and Gaines were sufficient to inject racism in issue as a potential motive for the parties' actions,'' the ruling said.