Sunday, December 16, 2007

Anand Jon Seeks Justice

India Post News Service

LOS ANGELES: Anand Jon has been in jail now for almost six months. In court on December 6, the Deputy District Attorney made a motion to increase bail. She has made this same motion numerous times in the past. In fact, the current judge in this case pointed that out also: "At least three times in a different court that I can recall and the last hearing in this court. Do you have anything new to argue?" (paraphrased) "Yes, your honor, change of circumstance.

New York has now indicted Anand Jon." (Reader, keep in mind that an indictment in front of a grand jury contains no defense. The prosecution presents their case and is supposed to show exculpatory evidence.

That is, evidence that the prosecution has that supports the other side. In this case, they didn't do that. In fact, they may have done just the opposite and hidden that evidence, those facts, that testimony.) What I've learned from the defense is incredible.

Out of the 40 counts in New York, 30 are duplicates of the other jurisdictions. Repeating, because this is important, 30 out of the 40 counts are the same - that's 75% of the charges against! That's amazing! (...and, surprisingly, not double jeopardy.) Many of these girls have claimed to have been assaulted in multiple states. In fact, one girl is claiming New York, Dallas, TX and Los Angeles, CA. On top of that, multiple infractions in each place.

Think about it, intelligent reader, if you were assaulted one time, just one time, would you go back the next day? and the next? and the next? then travel to different states with your assaulter? Not logical, but the DDA would want you to believe this.

Common sense points to a ridiculous and fictitious story. Now, we can't claim that these girls are lying, however, if they are and are proven in court then perjury is a felony that carries 2, 4 or 6 years per charge or instance. Food for thought. The judge challenged the prosecutor this day.

He grilled her on her motion, why it wasn't different essentially from previous motions. Also, when she stated that he would flee the United States if released on bail the judge jumped all over her for factual basis for that argument. End result, there was none and the DDA had to admit it to the court. She was making a biased statement based on personal opinion and not on fact.

The defense asked the court to abide by its previous ruling and let the amount of bail, $2.095 million remain. (The prosecutor again requested that it be raised to 5.18MM.) The defense discussed the New York complainants and that the prosecutor in LA nor NY would give the names so that they could accurately compare each jurisdiction.

The defense requested that the LA court handle the LA matter, NY the NY matter and TX handle TX. If each jurisdiction was concerned with all the others the bail would increase exponentially in each place and be monstrous as a result.

The judge in this case does not want to lose this case to NY and hinted at a "no bail" solution for LA while waiting for New York to decide its bail. The defense made a plea for the court to maintain the bail at its current level and wait until New York decides during which they promised to not get Anand Jon out during this process.

The predicament that the prosecution has crafted is perilous. It was brought out in court that the ADA from NY came to LA to meet with the DA's office. Then they planned the indictment in such a way as to keep Anand Jon from making bail. In fact, NY has threatened that if he made bail they would hold a second indictment with two more girls waiting in the wings. Isn't this considered a threat? Unfair treatment?

At the very least unlawful? Possibly holding on to two additional complainants just in case the accused legally makes bail? Legally, the 8th Amendment to the US Constitution allows for any person accused of a crime to have a fair and reasonable bail set. In New York, they can set a "no bail" on a person for certain alleged crimes.

The NY prosecutor has threatened to extradite Anand Jon away from LA and remand him in NY (set "no bail"). The LA courts (already through a balance of this process) don't want that to happen. Hence the Catch-22: you can't post bail in LA (as to properly aide in your own defense) if you're immediately going to be sent to NY.

This is unfair and unjust and screams of civil liberty violations. How can a man defend himself if the prosecution collaborates with other jurisdictions to keep him incarcerated? Sanjana Jon made a very strong statement: "As a social activist I have worked in helping women and children. Rape is terrible and any man who actually commits such an act should be punished - but what's worse is to accuse, lie and frame someone of rape or sexual assault.

The people who lie and commit perjury and destroy people's lives should face the same time if not more in prison.

" In the Duke case the three students were found innocent and the DA was charged with prosecutorial misconduct but what happened to the so called victim? Nothing? The legal system should protect innocent people from conspirators who use the system for personal gain.

I am a woman and logically I can not understand how these alleged victims traveled around to different events, "partied", posed for pictures, photo shoots and red carpet events and many have even traveled to India with the family! Does that make any sense after an alleged attack? Out of the innumerable so-called alleged victims there is only one single rape kit which everyone fails to mention came back with no signs of rape or trauma. So on what basis is this innocent man being jailed and not even being given a chance to defend himself?"

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