[rollei_list] Re: Bob Shell Is On Trial
- From: Bob Haight <rhaightjr@xxxxxxxxx>
- To: rollei_list@xxxxxxxxxxxxx
- Date: Mon, 27 Aug 2007 04:47:38 -0700 (PDT)
It is wrong for us to have opinions on anything, lest
we be freethinkers or forbid, judgmental. Ignore those
who question your right to think and form opinions. We
all have the right to our opinions. We are not jurors
in life but rather participants, free to experience,
learn and opine as we please. Much of what we see
around us in todays world occuring stems from lack of
character to be, yes, judgmental. Bob H
--- Richard Knoppow <dickburk@xxxxxxxxxxxxx> wrote:
>
> ----- Original Message -----
> From: "J Saldanha" <tyco@xxxxxxxxxxxx>
> To: <rollei_list@xxxxxxxxxxxxx>
> Sent: Sunday, August 26, 2007 11:59 AM
> Subject: [rollei_list] Re: Bob Shell Is On Trial
>
>
> > Your error, Mr Small, was to broadcast Mr. Shell's
>
> > predicament. All these comments in the rollei
> list
> > must bring small comfort to Mr. Shell in his
> present
> > circumstances. You can see what Mr. Shell is now
> exposed
> > to;
> > shallow analysis, full of inuendo and nastiness
> like the
> > one from the correspondent who sports all his
> achievements
> > after his name. You should have left the matter
> between
> > Mr. Shell and yourself.
> >
> I certainly agree with your characterization of
> some of
> the posting here, but, IMO it was _not_ an _error_
> on Mr.
> Small's part. He was simply aquatinting the list
> members
> with the fact that a long-delayed trial of a friend
> was
> finally progressing. He posted a source of
> information for
> those interested in following the case.
> Please note that Marc Small is an attorney and
> that he
> represented Mr.Shell at the beginning of this
> trouble and
> that Mr. Shell is both a long time participant in
> this
> mailing list and also a well known figure in the
> world of
> photography. He has many acquaintances here, people
> who have
> some interest in his future, that is, a legitimate
> interest
> in this trial. Also, in the United States of America
> trials
> are required to be _public_. This is one of many
> checks to
> insure justice and prevent "star-chamber" trials. In
>
> informing the list about the trial Mr.Small was not
> telling
> us anything that was not already public.
> It is also very important to recognize the
> principle in
> Anglo-American law that a person is presumed
> innocent until
> proven guilty in a court of law. In a criminal
> proceeding
> the evidence must meet quite high standards before
> it is
> presented to a jury and can be challenged on many
> basis by
> the defence. The defendant does NOT have to present
> a
> defense but the defense attorney can nonetheless
> challenge
> the stuffing out of whatever the prosecution
> presents: that
> is a large part of the job of the defense. IMO, the
> presumption of innocence may be the most important
> right a
> citizen has.
> In any type of case, criminal or civil, the
> members of
> the jury are forbidden to speculate about the
> meaning of the
> evidence or the nature of the guilt until all the
> evidence
> has been presented to them and they are required to
> determine the truth. That way they are not operating
> on
> untested or partial evidence, or on information that
> may not
> qualify as evidence. It also insures that both
> sides, and
> the judge, have had their say.
> I think we should adopt the standard required
> of the
> jury here: no speculation about what happened, we
> know very
> little on which to base this. I think we should also
> adopt
> the standard that a person is considered innocent of
> a
> charge until _proven_ guilty. All the discussion of
> the
> charges here have been implacatory of guilt: in my
> never
> humble opinion this is wrong.
> Please let us refrain from discussion, and,
> especially,
> speculation until the case is decided. Again, Bob
> Shell is a
> friend to us even though most of us have not met him
> in
> person. He deserves at least our consideration if
> not also
> our support. I think I would rather have to deal
> with a
> serious disease than be involved with the law: it
> must be
> extremely difficult for Bob and his family. Please,
> as his
> friends, let us not contribute to this difficulty.
>
> ---
> Richard Knoppow
> Los Angeles, CA, USA
> dickburk@xxxxxxxxxxxxx
>
> ---
> Rollei List
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>
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