Boy 15 Charged with selling drugs to girl 12 who died

[lily]

While I do think the boy should be charged, why stop there? Should his dealer also be charged? (http://www.democracyforums.com/While I do think the boy should be charged, why stop there? Should his dealer also be charged?)
Boy, 15, Charged With Selling Drugs To Girl, 12, Who Died


WNBC-TV
updated 1 hour, 50 minutes ago
NEW YORK - A 15-year-old boy has been charged with selling drugs and
endangering the welfare of a child, Yonkers police said. The charges come a
month after a 12-year-old girl, Dana Marie Regan, was found dead on her
family?s couch in Yonkers. According to the Journal News, her grandmother
had originally thought she was sleeping.

Regan's family believes her March 12 death was drug-connected, and they
believe she was coerced into taking a substance by older youths.

The results of toxicology reports on Regan's body have not yet been
released.



Yonkers police told WNBC Thursday a 15-year-old boy is charged with the
criminal sale of a controlled substance in the 4th degree and endangering
the welfare of a child.

[Elrathin]

Lily it's harder to prove the dealer guilty just by this alone. I'm sure they would love to get the dealer and maybe if the boy testifies and they can find further proof, they still may be able to get the dealer.

But right now it is the boy's word against the dealer and that won't hold up without some evidence.

[PostmodernProphet]

Lily it's harder to prove the dealer guilty just by this alone.

shouldn't be that hard to prove, if they know who he is...engaging in a felony that results in death is a form of murder in all states, I believe....

[Elrathin]

shouldn't be that hard to prove, if they know who he is...engaging in a felony that results in death is a form of murder in all states, I believe....

And how do they prove the boy got it from the dealer? That's my point.

Just because they know someone is dealing, proving he is dealing in a court of law is another story. Testimony from another drug dealer (the 15 year old boy) isn't exactly credible evidence alone.

[PostmodernProphet]

And how do they prove the boy got it from the dealer? That's my point.

Just because they know someone is dealing, proving he is dealing in a court of law is another story. Testimony from another drug dealer (the 15 year old boy) isn't exactly credible evidence alone.

????....boy testifies, "I got it from the dealer".......if a prosecutor can't get a conviction from an admission, he better retire.....

[preservanation]

shouldn't be that hard to prove, if they know who he is...engaging in a felony that results in death is a form of murder in all states, I believe....Yup...We had a case here where a man was convicted of murder for selling heroine to a girl who overdosed.
I guess they had enough evidence to convince a jury that he was the supplier.
I can see a problem with witness credibility though, people will say most anything to testify if they are granted immunity.
The best thing would be if the idiots posted the sale on youtube...wouldn't surprise me!

[Elrathin]

????....boy testifies, "I got it from the dealer".......if a prosecutor can't get a conviction from an admission, he better retire.....

You don't know any lawyers do you? It takes more than just testimony a 15 year old drug dealer, whose credibility is already in question, to get a conviction such as drug dealing..

[Elrathin]

I guess they had enough evidence to convince a jury that he was the supplier.

Yes, and I'm sure the evidence was much more than just testimony. My point is that it takes more than someone just saying "So and so is dealing drugs" to convict someone.

[PostmodernProphet]

You don't know any lawyers do you? It takes more than just testimony a 15 year old drug dealer, whose credibility is already in question, to get a conviction such as drug dealing..

?????.....I am a lawyer.....it takes whatever satisfies a jury to get a conviction of drug dealing.....

[Elrathin]

?????.....I am a lawyer.....it takes whatever satisfies a jury to get a conviction of drug dealing.....

So you are saying testimony from a 15 year old drug dealer proves WITHOUT A SHADOW OF A DOUBT that some other drug dealer is guilty? I question your statement about that very much.

[PostmodernProphet]

obviously, prosecutors should avoid leaving you on the jury panel.....

first of all, I doubt very much that the only evidence they would have would be the testimony of a single person.....they would use his statement to obtain a search warrant and proceed from there.....

but yes.....it is possible that the testimony of a single person that he had purchased the drugs that he marketed from Mr. X on a regular basis would be sufficient to convince a jury....if I were handling the case I would be sure to present the testimony with plenty of details......how would you contact him, how would you pick up your inventory, how would you pay him, how many bags would you buy on a weekly basis.....I would have him on the stand for hours, not simply for a single sentence .......

[Elrathin]

obviously, prosecutors should avoid leaving you on the jury panel.....

Why because I don't believe people without some sort of evidence other than he said/she said?


first of all, I doubt very much that the only evidence they would have would be the testimony of a single person.....they would use his statement to obtain a search warrant and proceed from there.....

In that I agree with you. I think a prosecutor would be an idiot to rely simply on testimony from one person without any other evidence.


but yes.....it is possible that the testimony of a single person that he had purchased the drugs that he marketed from Mr. X on a regular basis would be sufficient to convince a jury....if I were handling the case I would be sure to present the testimony with plenty of details......how would you contact him, how would you pick up your inventory, how would you pay him, how many bags would you buy on a weekly basis.....I would have him on the stand for hours, not simply for a single sentence .......

Do you have an example case where this has been done? Because honestly, I have never seen someone convicted without any other physical evidence or other witnesses but simply on the testimony of one person whose testimony would be questioned as credible.

[PostmodernProphet]

Why because I don't believe people without some sort of evidence other than he said/she said?

no, because you have evidently prejudged the case without waiting to hear the evidence.....

[Elrathin]

no, because you have evidently prejudged the case without waiting to hear the evidence.....

You're right, I have prejudged. Innocent until proven guilty, silly me.

[lily]

And how do they prove the boy got it from the dealer? That's my point.

Just because they know someone is dealing, proving he is dealing in a court of law is another story. Testimony from another drug dealer (the 15 year old boy) isn't exactly credible evidence alone.

Well, I imagine as soon as this story hit the streets, which was probably way before it hit the news, the dealer got rid of the evidence, or I would think the coroner could trace back something specific he cut it with or some other way of packaging.........but I'm also thinking this 15 year old isn't his only "client" either and there will be more witnesess..........but then all this is speculation.

[Elrathin]

but I'm also thinking this 15 year old isn't his only "client" either and there will be more witnesess..........but then all this is speculation.

And that is good, but the original statements from people was saying that this boy's testimony alone (without any other evidence) could convict the drug dealer. To that I say no way.

I don't doubt if the drug dealer goes to trial they will have other evidence, but I don't think they will on this boy's testimony alone is what I am saying. His testimony may open an investigation that gathers OTHER evidence, but the testimony alone without any other evidence I don't think will convict the drug dealer. That is all I was trying to say.

[PostmodernProphet]

you pick the strangest shit to argue about.....

[Elrathin]

you pick the strangest shit to argue about.....

Again, this coming for a person that argues a comparison to abortion and gay marriage. I have to laugh about that comment.

[PostmodernProphet]

you could choose to do that....in doing so we would have a third parallel to abortion and gay marriage....all three involving choice.....

[preservanation]

Interesting thread.
Someone help me here.
Once the case goes to a jury trial, and the jury instructions are made clear and understood, isn't it then up to them as to what is "beyond a reasonable doubt"?
15 year old or no 15 year old.
I would think it rare that a judge would overturn this decision.
I know it happens, but that is then automatic grounds for appeal or a new trial, isn't it?

[PostmodernProphet]

I appealed a jury decision once....in order to succeed I had to convince the appellant panel that there was NO evidence submitted upon which the jury could have reached the decision that it did....I was successful and the case was remanded for retrial.....what had happened was that a witness had slipped some hearsay testimony in...I objected and the judge had advised the jury to disregard the testimony.....but they didn't......