Tag: vault

Glenn R. Stutzky: State’s terror law is abused:

According to the article, Glenn R. Stutzky is a clinical instructor at Michigan State University’s School of Social Work. The law he is referring to is the law that convicted would be school shooter Andrew Osantowski. He has some issues with Michigan’s terror law…

The terrorism statute was designed to assist law enforcement in dealing with adults who threaten to commit acts of terrorism and not for use against school-aged children.

So what you’re saying is that school-aged children, in this case, 17-years-old, are not capable of acts of terrorism? I think there are some people in Colorado and Minnesota who probably disagree with you.

Here is the problem: The terrorism law does not distinguish between a student “making” a threat and actually “posing” a threat.

Did Andrew Osantowski really “pose” a threat?

That may not be the best question; a better one might be: “Where was he along the continuum between just blowing off steam and actually taking action?”

Andrew Osantowski did, in fact, pose a threat. Or was having guns, ammo, and bomb-making instructions just blowing off steam?

Mr. Stutzky also pushes some well-meaning but probably doesn’t apply in real life program…

Oakland Schools has developed “Guidelines for Assessing Threatening Dangerous Behaviors in Schools”, a systematic and comprehensive process to assess threats made by students and a means to address dangerous behaviors through an integrated intervention plan.

The intervention begins immediately and ultimately involves the student, family, school, and community. Every threat is taken serious and initiates a process that results in a determination of the level of concern that exists – strong, moderate, or minimal and has a clear threshold of when to contact and involve the police.

Law enforcement benefits from GATDBS by not having to immediately come out to a school every time a threat is spoken, e-mailed, or written on a bathroom wall.

Emphasis mine.

That’s some good thinkin’ there, Glenn. If the police didn’t take every threat seriously, how many shootings do you think would have happened by now, including the one involving Andrew Osantowski? How many people do you think Andrew Osantowski would have killed if his threat was not taken seriously? Do you want that kind of blood on your hands? You probably wouldn’t care. You’d just blame it on something else. Like the oppressive legal system or some such other nonsense. And the fact that you consider yourself an educator is frightening.

Michigan teen guilty of making threats to attack school:

(Log in info) Andrew Osantowski’s defense attorney, Brian Legghio, continues to crack me up…

Defense attorney Brian Legghio said he plans to file an appeal after the sentencing arguing, among other things, the cache of weapons discovered in Osantowski’s home should have not been admissible as evidence. Prosecutors did not have to prove Osantowski had the capability or the intent to carry out a threat, he said, and called that evidence prejudicial.

“When you peel that away, all you’re left with is a text message,” said Legghio, who doubted the message alone would have been enough to get a conviction.

He added that he would “bet my bar card” that the conviction would be overturned on appeal.

I would love to take that bet. Osantowski pleaded guilty to the stolen weapons charge, so why shouldn’t it have been presented as evidence? Why is it prejudicial if it’s fact?

What is also very interesting is this quote from Chippewa Valley Superintendent Mark Deldin…

“There probably would have been some fear in our community if he had gone back home, in our neighborhoods,” Deldin said. “But I think the biggest message that this verdict sends today goes beyond Chippewa Valley Schools. It’s a resounding message that threats of violence and terrorism in our schools will not be tolerated.”

Emphasis mine.

That’s a great point. This case should have gotten more media attention than it did. This case should serve as a warning to those who would entertain the thought of attacking their school that this is their fate. I hope the sentencing phase drives home that point as well.

Macomb County teen found guilty of threatening terrorism:

A jury found Andrew Osantowski guilty of threatening an act of terrorism and using a computer to threaten terrorism. Each charge is punishable by up to 20 years in prison. Sentencing is set to take place on July 11.

Trial ends for terror suspect:

This is another article about the Andrew Osantowski trial. It doesn’t provide much more information than already given, but a couple of the paragraphs regarding Andrew Osantowski’s attorney, Brian Legghio, made my jaw drop…

Legghio, however, voiced some doubt about the authenticity or completeness of McGinty’s record of the chats as submitted to her father; he also likened himself to fictional Atticus Finch for defending a marginal and unpopular client and compared his client to Japanese Americans during World War II or blacks in the old South.

Legghio said the teen was misguided or a geek, who probably needs therapy. He said Osantowski did not show any intent to coerce civilians or the government.

“That’s the most important element,” Legghio told the jury in closings. “Otherwise, by God you can just forget your free speech, because you aren’t going to have any left.”

Emphasis mine.

Could this guy be any more arrogant? And here I thought doctors were the only ones with God complexes. I guess criminal defense attorneys do too.

Jury weighs terror, firearm charges against teen:

I guess I watch too much Law & Order. I was expecting a longer trial. The trial for Andrew Osantowski on terror charges ended yesterday, and the jury will deliberate on his fate today. I guess that’s what they mean by your right to a speedy trial. However, the way juries have been acting lately, I’m not getting my hopes up on a conviction.

Teen accused of plotting massacre at high school said he was bullied:

According to this Associated Press article Andrew Osantowski claims he was bullied in his IM chat with Celia McGinty. In the partial chat transcript that’s been released the only thing he says about bullying is…

nazi_bot_sadistic:(expletive) bullied…made fun of….pushed….people can get away with murder

So I call bullshit on the Associated Press. Not to mention the fact that Andrew Osantowski attended Chippewa Valley High School for 10 days before he was arrested. How can you have so much hatred for a school in such a small amount of time? I doubt he got the idea to shoot up a school in just 10 days. This is more telling as why he wanted to shoot up a school…

“I’m going to bring nightmares back to everyone, roam the land as a ghost still killing people,” Osantowski wrote. “I’ll have followers. I’ll be famous too.”

Just another mutant.

Celia McGinty was supposed to have testified today against Osantowski but…

“She really doesn’t want to see (Osantowski) face-to-face,” assistant Macomb County prosecutor Steve Kaplan said.

Can you blame her?

Her father, Sgt. George McGinty, a Washington State University policeman, did testify saying that…

…his daughter left a printout of Osantowski’s messages with him while he was sleeping. He said he took it to work, read it and asked co-workers to follow-up with Michigan authorities.

Lawyer: No criminal act by teen accused of threatening terrorism:

The opening statements in Andrew Osantowski’s trial were today.

First up, defense attorney turned comedian Brian Legghio…

The lawyer for a 17-year-old accused of plotting a massacre at his suburban Detroit high school said Friday that the teenager is angry, hurt and foolish, but isn’t guilty of threatening an act of terrorism.

“He might belong in therapy. He might need psychotropic drugs. But what he did when he communicated with this girl was not a criminal act,” defense attorney Brian Legghio said during his opening statement at Andrew Osantowski’s trial.

That’s the best you’ve got? Ladies and gentlemen of the jury, my client is a psychotic nut job in possession of stolen firearms, but in no way did he threaten to blow up that school. Um..yeah…sure.

Next up, assistant county prosecutor Steve Kaplan…

But assistant county prosecutor Steve Kaplan told the 14 jurors that Internet messages sent by Osantowski violated state laws against threatening an act of terrorism and using a computer to make threats of terrorism.

“This is not a crime of terrorism. The crime is making a threat of terrorism, not committing terrorism,” Kaplan said. “The facts really are not in dispute.”

It’s hard to argue with that.

Celia McGinty, the Idaho girl who reported the threats made in a chat with Osantowski, is expected to testify on Monday.

Teen accused of planning an attack pleads guilty to firearms charges:

Andrew Osantowski pleaded guilty to three counts of receiving and concealing firearms. And again my favorite lawyer turned comedian, Brian Legghio had some funny things to say…

Legghio said Thursday’s guilty pleas do not prove Osantowski planned to use the guns, an AK-47 assault rifle and two pump shotguns stolen from a local firearms dealer. He also said the terrorism law under which his client is being prosecuted may violate free speech rights.

“Can you criminalize speech just because you don’t like what somebody says?” Legghio said.

No, but when someone says they’re going to kill their family, then shoot up the school, it’s no longer free speech. Especially since that person was found with an AK-47 assault rifle and two pump shotguns. And yeah, he didn’t plan to use the stolen guns. He was going to give them back your honor, honest. Whatever.

My favorite part is that Legghio motioned to get the chat transcripts amended to say “Andrew” instead of Osantowski’s username “nazi_bot_sadistic”. The judge rejected that motion. Go figure.

The prosecution doesn’t seem to be fazed by the guilty plea…

Kaplan said his case was helped by Osantowski’s admission that he knowingly possessed stolen firearms. “If he tries to commit an act of terrorism, he needs something more than a slingshot,” the prosecutor said during jury selection.

And as far as sentencing goes…

The felony firearm charge carries a 2-year mandatory sentence. Each firearm charge to which Osantowski pleaded guilty is a felony punishable by up to 10 years in prison, but Switalski said he would not set a sentencing date until after the remainder of the case was tried.

More on this as it develops.

Teen says cops threatened him:

One of Andrew Osantowski’s trials started today. This one for an alleged break-in at a gun store. Osantowski himself is claiming that the videotaped confession was coerced by police…

“He (the interrogating officer) was threatening me. First of all, he was sitting like an inch away from my face and pointing at me,” Osantowski testified in a pretrial hearing to determine whether his statements to police were voluntary and admissible. “Then he threatened that they would tear down my whole house, and said things like ‘No one would pay for it (the damage) either,’ or whatever.”

Osantowski, who was at times flippant or challenging to prosecutors during questioning Tuesday, indicated in court that Clinton Township police Lt. Bruce Wade of the detective bureau advised him in a hallway or another room, shortly before the videotaped interview began, that he would suffer severely in the court system if he didn’t cooperate.

I wouldn’t worry too much about it, though. On one of his websites that has since been removed. Osantowski brags about several break-ins he did at schools and private properties. I wouldn’t doubt it if he documented his break-in at the gun store.

Defense attorney/comedian Brian Legghio seems like he’s throwing everything against the wall in the hopes that something sticks. So far, the walls have been Teflon.