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12-27-2017 02:06 PM
@OfCourse wrote:@TenderMercies I see no reason why people should not evaluate the situation. I have life experience to draw on that is relevant. There is such a thing as overcharging, and some police do inflame a situation rather than handling it professionally. I've seen it myself. Police write up their report in order to support certain charges which cannot be supported when the evidence is weighed. The overcharging here, particularly the two felony threats, is repulsive. Sorry if you think I'm still evaluating the situation when I shouldn't, but that's how I see it. I do think that those who push felony charges that cannot be supported by the evidence deserve to be sanctioned. I suspect this is the case with Luann.
Ah. I think I’m seeing things a little more clearly now.
12-27-2017 02:09 PM
@holly&ivy I do not think these felony threat charges will survive. Intent and means are likely necessary under this law, and I do not believe the rantings of an unarmed drunk IN CUSTODY IN THE BACK OF A POLICE CAR meet the standard of a terrorist threat under the law. I believe that the drunk and disorderly classification encompasses much of the typical drunk's behavior, from the irrational unwillingness to leave the room to the rest of her crazy behavior.
12-27-2017 02:13 PM
@OfCourse wrote:@holly&ivy I do not think these felony threat charges will survive. Intent and means are likely necessary under this law, and I do not believe the rantings of an unarmed drunk IN CUSTODY IN THE BACK OF A POLICE CAR meet the standard of a terrorist threat under the law. I believe that the drunk and disorderly classification encompasses much of the typical drunk's behavior, from the irrational unwillingness to leave the room to the rest of her crazy behavior.
Well we will see what happens but there is case law backing it up. Just because she was drunk is not enough to support her inability to carry out the threat.
12-27-2017 02:16 PM
@holly&ivy The fact that she is drunk is not the only factor here. One must consider whether she really intended to kill them and had the means. Clearly, she had no means, being unarmed and in the back of a police car. Further, when she sobered up, I doubt that she would be considered a threat. Even that night she was not considered a threat. You cannot pin two felonies on a drunk woman with no record, no weapon, and no criminal tendencies or intent who is ranting after being cuffed and stuffed.
12-27-2017 02:20 PM
@OfCourse wrote:@holly&ivy The fact that she is drunk is not the only factor here. One must consider whether she really intended to kill them and had the means. Clearly, she had no means, being unarmed and in the back of a police car. Further, when she sobered up, I doubt that she would be considered a threat. Even that night she was not considered a threat. You cannot pin two felonies on a drunk woman with no record, no weapon, and no criminal tendencies or intent who is ranting after being cuffed and stuffed.
Really it has happened before but I'm sure Luann and her privilege can buy her way out. As for a terrorist threat it is not looked at as what she was able to do at that moment it is looked at as what she may have access to in the future. Once she has made that threat it goes forward. And yes you can pin what ever sticks to a wall. So again we will see what her privilege allows her to get away with.
12-27-2017 02:23 PM
@holly&ivywrote: As for a terrorist threat it is not looked at as what she was able to do at that moment it is looked at as what she may have access to in the future.
___
That's my point. There is no reason to believe that Luann once she sobered up would set about making good on her drunken rantings. If the cops answered truthfully, they would have to say that at the moment they did not consider her a threat or take her words seriously. I would hope that anyone being hit with four felonies when drunk and disorderly was the appropriate charge would see the charges reduced. It just isn't fair.
12-27-2017 06:46 PM
Most of the women on these shows are simply giant trainwrecks. They act in ridiculous manners, then talk about having class. Who knows how the cops felt.....Lu is the size of a man. She isn't exactly a delicate little flower.
12-28-2017 08:49 AM
Ridiculous to have felonies for this. Again, she was wrong, but I think it's ridiculous to have charged her with felonies.
She should never have gone down there anyway in light of what happened last year. She needs to get herself together.
12-28-2017 01:41 PM
She obviously should not have gone to Palm Springs. I bet she knew Tom was there. I think she got very drunk and disorderly.... that's all I make of it.
12-28-2017 05:19 PM
She doesn't look so much like a "Countess" in her mug shot!! LOSER
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