Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

This story is bizarre and a complete nightmare, but there are just too many unexplained elements of the story for me to pass judgment yet:

1. The word "bail" doesn't occur in the story anywhere. Even if he were to be extradited, he would have to be offered bail, especially after he waived extradition. Why was no bail offered?

2. Being informed of charges against you is one of our most basic constitutional rights. Why didn't this happen?

2. Now, I'm not saying that some horrible local bureaucracy couldn't have put this man through this, but if that's the case, why is his lawyer only suing AA? There are like a million civil rights violations in this story as it is told - it's difficult for me to understand why a lawyer wouldn't go after those responsible for those violations.

Again, I'm in no way saying I don't believe what happened to this man, but I would like to understand more of the missing details in this story.



> Mr. Lowe was provided no clarification regarding his arrest, other than being shown a copy of his Tarrant County warrants. Informed that bail would not be set for him because he was a fugitive from justice, Mr. Lowe was told his only options were to waive extradition so that Texas could come pick him up or hope that the Governor of New Mexico would block the extradition.

https://s3.documentcloud.org/documents/22054162/michael-lowe...


Thanks, that's helpful. And I am definitely not a lawyer, but I thought to be considered a "fugitive" in that context that you have to have been previously served.

I'm not doubting that this actually happened, but again, why isn't the lawyer suing the NM jurisdiction, too?


I think you might have a bit too much faith in the criminal Justice system, no single person I know working in it respects it and considers its rules a burden to their job.


Again, I totally agree with this, but if that's the case, why isn't the lawyer suing the jurisdiction as well?


AA took it upon themselves to identify the guy and made a false accusation against him. They also have deep pockets. They're likely both the easy and big-paying target. If I was suing everyone, I'd get the big payout first and then sue everyone else using that payout to fund the lawyers.


The government is really hard to sue. And technically they thought they had the right guy, hopefully he sues the gov using AAs payout, I would!


IANAL, probably the best outcome here is identifying an entity that can be sufficiently proven to have f'ed up and squeezing them hard.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: