A former Westminster police detective accused of kidnapping a woman from Ontario Mills mall in 2010 and raping her at gunpoint will try to convince a jury Monday that he was under the influence of an antidepressant and therefore not responsible for his actions.
The problem is that it might perfectly true and legally irrelevant. I think even if he proved to the satisfaction of the jury that the pill caused him to rape someone, he is still guilty of rape. You are generally responsible for the effects of things you ingest voluntarily even if they cause you to do something. In common law intoxication was a defense to specific intent crimes (you weren't a burglar because you were too trashed to intend it). But those laws have been largely repealed, in AZ arguing intoxication isn't a defense but it could very well make it worse.
But duh, the Californian court is allowing him to present the defense, so maybe it does work there.
A decade ago the President told us how we may have to go to war with Iraq if there were no other options available. As we amassed troops on the borders, we heard that there was still a decision to be made about whether we would start the war that we worked hard to bring about. Did anyone accuse Bush of flip flopping on Iraq?
In 2008 we heard Obama oddly proclaim that marriage was between a man and a woman. But did we really believe him? All of his background (most liberal member of the Senate) and actions (trying to subvert Defense of Marriage Act, opposing states that tried to define marriage in traditional terms) said that he supported gay marriage as an equal alternative.
In mid term we heard that his position on gay marriage was "evolving." That meant there was some social scientific basis behind Obama's position. He supported bisexual marriage? Nothing suggested that he wanted it left alone.
So when Obama came out of the closet as a gay marriage supporter, after using Biden as the trial balloon, nobody was really surprised. It's like when the Save the World girl tells you she's becoming a vegetarian. It was obvious the entire time to the point that we didn't realize that it had not already happened. Far more important was Obama's reversal on the individual
extortion mandate to buy health insurance because I actually believed him when he campaigned on it in the 2008 NH primary.
Evolving referred to the poll numbers not Obama's mind. On the political front it appears Obama's enemy is not Romney but Apathy; his fervent supporters just don't get excited now that the reality of the Obama presidency bears no resemblance to their expectations. No social liberal was ever going to vote Republican. Some of the ones that crossed lines to support Obama will go back to voting conservative. But most of the target population will just stay home. Obama needs to get his fans excited again, hence the no brainers like the gay marriage ace in the hole and the delayed Osama Bin Laden is Dead victory lap.
Will it work? God only knows. No swing voter is getting off the fence because of this. No conservative was voting for Obama anyway. I can imagine a bump in donations from Hollywood that will pale in comparison to the Wall St payout. I think that the dialogue will quickly shift back to generic issues like gas prices and rich people. But while that will be endurable, any dribble about Obama changing his position on gay marriage is a reason to change the channel.
for the concurrency of Passover and Good Friday/Easter Saturday. I suspect years like this are easier on mixed families.
The tournament where every state got an invite is over. Now only the big boys are left to argue Obamacare over 3 days. The true fans are glued to CSPAN3 to catch the action as the Washington Solicitors General take on Florida AGs.
Tip off began with Obamacare establishing their presence in the paint, the red paint that is their budget. But the law came storming back when Sammy Alito trapped the Guard with "aren't healthy young men eventually going to enter the burial market?"
Live action blogging is hard. But much more thrilling then the Lol.Casual.legalfan commentary that will be shown on the World Wide Leader Foxy News tonight.