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RiversideS13
04-26-2009, 08:40 PM
damn people are crazy nowadays ...

Defense invokes 'Crash,' blaming chance encounter for man's death - Los Angeles Times (http://www.latimes.com/news/local/la-me-real-life-crash27-2009apr27,0,2650287.story?track=rss)
From the Los Angeles Times
Defense invokes 'Crash,' blaming chance encounter for man's death
Witnesses describe a brutal attack in which a driver punched, kicked and ran over a pedestrian who had hit the hood of his SUV. The driver's attorney calls it a random encounter that led to tragedy.
By Harriet Ryan

April 26, 2009

In a city besotted with automobiles, John Osnes prided himself on doing without one. At 55, he had never owned a car and he never planned to. He loved the subway, the bus and most of all, walking.

But being a pedestrian in Los Angeles could be dangerous. Close calls with discourteous drivers grated on Osnes and he sometimes shouted at motorists who failed to yield to those on foot.

The rights of pedestrians were apparently on Osnes' mind late one November night when an SUV pulled too close to him in a Hollywood crosswalk. What occurred next has been described by the driver's lawyer as a real-life version of the Oscar-winning movie "Crash": A random roadway encounter between strangers leads to tragedy.

Minutes after he stepped off the curb, Osnes lay dying, police were searching for the SUV's driver, and 10 horrified witnesses were trying to understand how a minor confrontation -- a shout and a smack on a car hood -- had prompted an attack of breathtaking brutality.

"I was just screaming and trying to get out of the car," a passenger in another vehicle, Rebecca Rinn, recalled on the witness stand last month. "I had never seen anyone hit like that before."

A fuller picture of the encounter emerged in the last few weeks at a preliminary hearing in which a Superior Court judge ordered the driver of the SUV, Swedish musician David Jassy, held for trial on murder charges. The 35-year-old faces a possible life sentence in an attack that friends and acquaintances say they cannot reconcile with the man they knew. He did not testify at the hearing, but witness accounts disclosed by the prosecution suggest that Jassy may have arrived at the intersection already riled by an argument with his girlfriend and then become enraged when Osnes struck the side and front of his rented vehicle.

"It's just so senseless, so ridiculous," Osnes' friend and former partner Jim Crowley said.

Had Jassy and Osnes met under different circumstances they probably would have discovered much in common. The great passion in both their lives was music. Osnes had a day job at a travel agency, but he lived for the evenings, when he would play at piano bars in his Hollywood neighborhood. He was admired for his encyclopedic knowledge of standards and show tunes, the sensitive way he accompanied singers on the piano and his ironic sense of humor, according to friends.

Jassy was hoping to parlay his success in Sweden as a hip-hop writer and performer into a career in the U.S. and had been in Los Angeles for about a month at the time of the incident. Before his arrest, his most notable accomplishment here was rapping on a single by "High School Musical" actress Ashley Tisdale. In letters submitted to the court on his behalf, friends in the Swedish music industry called him a kind, hardworking musician who spent his free time singing in a gospel choir, playing soccer with his 11-year-old son and helping friends advance their recording careers.

Osnes had spent the evening of his death at a cabaret show with friends. He stopped at one of his favorite piano bars, The Spotlight, for a few drinks and then began a short walk to his apartment.

Meanwhile, Jassy was leaving a nightclub where he'd gone to listen to music and dance with a group of friends. According to one friend, Jassy and his girlfriend, Swedish model Therese Fischer, got into an argument after she accused him of looking at other women.

Fischer was in the passenger's seat as the SUV pulled to the four-way stop where Selma Avenue crosses Schrader Boulevard. A passenger in a nearby vehicle said Jassy's SUV rolled so far into the crosswalk that it almost struck Osnes. The pedestrian reacted by bringing his hands down on the hood of the SUV and shouting something, witnesses said.

Jassy immediately got out of the SUV and punched Osnes, witnesses testified. The blow knocked Osnes off balance and as he stooped -- either to regain his footing or to pick up his glasses -- Jassy kicked him in the face, the witnesses said.

"Like somebody punting a football," motorist Rinn testified. "He stepped into it."

The kick from the 6-foot, 200-pound Jassy lifted Osnes, who was 6-foot-3 and weighed about 160 pounds, off his feet, said R.J. Young, an off-duty Anaheim police officer who was in a car stopped at the intersection.

Another witness told police that Jassy shouted, "Stupid, why did you touch my car?"

Young said he thought he had witnessed "a possible homicide if not a felony assault" and ran toward Jassy, who was getting back into his SUV. The officer said he grabbed at the passenger door and slammed his badge against the window, shouting, "Police officer! Stop!"

He said Jassy looked at him, then put the vehicle into drive and turned its wheels in the direction of Osnes' body. The officer testified that he was still holding onto the door when the SUV rolled over Osnes.

Inside the car, he said, Fischer "began screaming hysterically." Young said he lost his grip on the door handle as Jassy accelerated down the street and through a red light. But he noted the license plate and Jassy was arrested later that day at his West Hollywood apartment.

By that time, Osnes had been pronounced dead. A coroner's official testified that the kick or the resulting fall fractured Osnes' skull and the force of the SUV broke his ribs and damaged his liver when it ran over him. Either set of injuries would have been fatal, the pathologist said.

In court, Jassy bears little resemblance to the rapper who wore a tough stare and a hoodie on his MySpace page, which was taken down after the incident. Held on $1-million bail since his arrest, he looks pale and thin in his jail uniform. The handful of friends who come to support him at hearings no longer includes Fischer, whose profile on a modeling website indicates she now lives in London.

Jassy's lawyer, Donald Etra, has said his client is "devastated" by the death of Osnes, whom he called "a very good man." The lawyer has implied Jassy is open to a plea deal.

"If an early and fair resolution could be achieved, he would certainly consider it," Etra said.

At the preliminary hearing, the attorney said the facts of the case fit manslaughter rather than murder. Etra suggested Osnes bore some responsibility for what he called "a fight" and objected to the use of the term "victim." He noted that Osnes' blood-alcohol level was .10, above the legal limit for driving, and implied that Jassy may have felt threatened by Osnes and later by Young.

In court papers, the lawyer wrote that Osnes' death fit the thesis of the film "Crash" -- "that random interactions of diverse people in a city as frenetic as Los Angeles can lead to disastrous consequences." He said the case begged a series of "what ifs," starting with, "What would have happened if Mr. Jassy and Mr. Osnes had not arrived on the same corner at the same time?"

The prosecutor, Sarika Kapoor, shot back: "The only 'what if' we are left with is: What if the defendant valued human life?"

Judge Darrell Mavis declined to reduce the charge to manslaughter.

Osnes' sister, Kris, bristled at the allusions to "Crash," which she said amounted to arguing that Jassy was "a victim of circumstance" and "the devil, the City of Los Angeles, made him do it."

"Framing it in this way does, on some level perhaps, distance, or even soften, what actually transpired," she wrote in an e-mail. But while "actors get up and walk away after the cameras quit rolling," she wrote, her brother "never got up and walked away."

ronmcdon
04-26-2009, 09:02 PM
And I thought the 'Grand Theft Auto' rationale was a poor defense for homicide.
that's the worst excuse i've heard of yet.
apparently Los Angeles is the devil and makes you want to kill ppl.
not entirely unplausible, but still lame.

"In court papers, the lawyer wrote that Osnes' death fit the thesis of the film "Crash" -- "that random interactions of diverse people in a city as frenetic as Los Angeles can lead to disastrous consequences." He said the case begged a series of "what ifs," starting with, "What would have happened if Mr. Jassy and Mr. Osnes had not arrived on the same corner at the same time?"

Osnes' sister, Kris, bristled at the allusions to "Crash," which she said amounted to arguing that Jassy was "a victim of circumstance" and "the devil, the City of Los Angeles, made him do it."

andisan
04-26-2009, 09:43 PM
GIVE HIM THE CHAIR.....

Its called self control.

I sometimes want to get out the car and punch the person who cut me off in the face but then remember that we have laws for a reason

and just cuz he was having a bad day dosnt mean he had to take it out on the first person that came across him

lflkajfj12123
04-26-2009, 09:50 PM
tldr cliffs?

RHD95S14
04-26-2009, 10:00 PM
Holy hell. Nutty people. 'What if'. That's so stupid. 'What if' Hitler's mommy and daddy had loved him more. Should we have not held him responsible? Glad to see the judge isn't as stupid as the lawyer.

SochBAT
04-26-2009, 10:12 PM
Man walking the street. Driver allmost hits him.
Walking Man slams hands on car's hood. "WTF MATE?"
Driver gets out, decks the shit outta walking man. While on floor, driver kicks his face hard.
people see, are shocked.
Cop tries to get driver.
driver gets back into car. turns towards man on floor, runs him over and takes off.
Driver is later arrested in hotel.

lawyer compares the case to 'Crash' - FUCKING STUPID PEOPLE.

They try to make the case less severe with bullshit What If scenarios.

makes no sense.

aoiken3
04-26-2009, 10:34 PM
there goes that lawyer's career and some guy's life. the pissed off pedestrian tho i feel sorry for.

singlecamslam
04-26-2009, 11:18 PM
He should not bang on peoples hoods. But the other dude should also not kill people. T

RiversideS13
04-26-2009, 11:22 PM
He should not bang on peoples hoods. But the other dude should also not kill people. T

if you almost get ran over because the moron could not drive, trust me, you probably will do the same. and that is a RENTAL CAR BTW

yokotavia
04-26-2009, 11:29 PM
Shit like this doesnt happen in japan, pedestrians have the right of way 100% of the time here.

OptionZero
04-26-2009, 11:38 PM
there goes that lawyer's career and some guy's life. the pissed off pedestrian tho i feel sorry for.

Nah, I've heard worse.

Remember it's a defense attorney's job to provide the best possible defense within ethical and legal guidelines. If you had no exculpatory evidence, some movie reference might be the best you have.

Bear in mind we have no idea what happened at trial, and I doubt anyone here was a witness to the actual event. One thing I've learned - don't try to tell a defense attorney how to do his job.

Prosecutors would love to have an airtight case backed up by some CSI isht every single time; defense attorneys would love for that miracle storybook break the kills the case . . . but it just doesn't happen in real life. And so attorneys gotta work with what they got, even if its nothing.

ronmcdon
04-26-2009, 11:47 PM
Well, there are some great defense lawyers, some not so great.
absurdities aside, the results speak for itself.

"At the preliminary hearing, the attorney said the facts of the case fit manslaughter rather than murder"

"Judge Darrell Mavis declined to reduce the charge to manslaughter."

A more reasonable criterion for defense would be:
-The defendant had a fight with the GF and a but too much to drink.
-Defendant was emotionally unstable and had a fit of rage.
-No malice was intended, and nor could be proved.

It could fit under the criteria of 'voluntary manslaughter'

Voluntary manslaughter

Manslaughter - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Manslaughter)

Voluntary manslaughter occurs when the defendant may have an intent to cause death or serious injury, but the potential liability for the person is mitigated by the circumstances and/or state of mind. The common example is killing which occurred in passion, or heat of the moment killing, such as where the defendant is provoked into a loss of control by unexpectedly finding his or her spouse in the arms of another lover.

There have been many types of voluntary manslaughter, which have not been differentiated because they are so closely related or indistinguishable that many jurisdictions don't differentiate between them.[1]

Voluntary manslaughter is a lesser included offense of murder. The following defenses may be raised to mitigate murder to voluntary manslaughter:


1. A killing occurred after provocation by an event which would cause a reasonable person to lose control.

2. A situation caused the defendant to act in the heat of the moment, without reflection. This falls under the provocation heading.

3. Imperfect self-defense is allowed only in a limited number of jurisdictions in the U.S. Self-defense is generally a complete defense to murder. However, if a person acted in an honest but unreasonable belief that he can justifiably resort to a deadly force to defend himself, he may still be convicted of voluntary manslaughter, or deliberate homicide committed without criminal malice. Malice is found if a person killed intentionally and without legal excuse or mitigation.

4. Diminished capacity or a mental breakdown can be a defense to negate the mental state of "malice". If a jurisdiction recognizes that a person can kill with justification, but also without any evil intent, that jurisdiction is free to define the crime as something less than murder. Not all US states do this; in many, a mental defect, or even mental illness, won't reduce the seriousness of the offense whatsoever. However, if a US state legislature chooses, a diminished mental state may justify the finding of a lesser crime."

That's probably not adequate to disprove 'malice', given the defendant drove over the victim afterward,
but at least you're not trying to insult the anyone's (esp the judge's) intelligence.

I'm fairly certain with an effective defense lawyer and a more reasonable arguement (not blaming some movie),
the defendant would have a had a very good chance getting off with voluntary manslaughter.

OptionZero
04-27-2009, 01:39 AM
Are you an attorney?

Maybe a voluntary manslaughter defense might have been more appropriate, but without knowing more than what was in that news bit, could any of us really say?

I'm not saying this was the optimal defense; however, just looking at one writer's account of what happens, we have a nice headline and little more.

As you can tell, I don't have much faith in reporters getting much right on legal topics.

DALAZ_68
04-27-2009, 08:19 AM
since when did we start relating movies to real life...

does thatmean dracula is real, that drug lords are funneling drugs from mexico and killing its drivers after?

seriously, a movies is ur best defense...ohh fucking hell, its called self control, he didnt have any...ive lived my life in L.A. all my life and have had encounters were i would have loved to pit manuver fuckers or straight deck em...but i control myself,

fucking bullshit

ronmcdon
04-27-2009, 05:22 PM
Are you an attorney?

Maybe a voluntary manslaughter defense might have been more appropriate, but without knowing more than what was in that news bit, could any of us really say?

I'm not saying this was the optimal defense; however, just looking at one writer's account of what happens, we have a nice headline and little more.

As you can tell, I don't have much faith in reporters getting much right on legal topics.

It's true that you cannot realistically guarantee the absolute accuracy of any media.
we can only comment on the limited info presented to us.
that's not to say the topic isn't worthy of a casual discussion imo.

two of the more controversial premises here appear to be clear cut.
If the defense chooses to use a holly-wood film as grounds for his argument, then I don't see how the media could misreport or spin that in a manner that completely misrepresents the case.
If the judge refuses to reduce charges from murder to manslaughter, then it's fairly unambiguous.
However, quoting the defense's sister was irrelevant and probably served little legal purpose.

no, i'm not a lawyer myself.
I don't think it takes a law degree to recognize how outrageous the crime and case are.
well, maybe it shouldn't be surprising given past cases.
If 'twinkie bars' and GTA are legit, why not also a movie?

Note that I'm not drawing ultimate conclusions of whether or not the defendant is guilty of murder as of yet.

OptionZero
04-27-2009, 09:37 PM
It's true that you cannot realistically guarantee the absolute accuracy of any media.
we can only comment on the limited info presented to us.
that's not to say the topic isn't worthy of a casual discussion imo.

two of the more controversial premises here appear to be clear cut.
If the defense chooses to use a holly-wood film as grounds for his argument, then I don't see how the media could misreport or spin that in a manner that completely misrepresents the case.
If the judge refuses to reduce charges from murder to manslaughter, then it's fairly unambiguous.
However, quoting the defense's sister was irrelevant and probably served little legal purpose.

no, i'm not a lawyer myself.
I don't think it takes a law degree to recognize how outrageous the crime and case are.
well, maybe it shouldn't be surprising given past cases.
If 'twinkie bars' and GTA are legit, why not also a movie?

Note that I'm not drawing ultimate conclusions of whether or not the defendant is guilty of murder as of yet.

Fair point - you don't need a law degree to evaluate the accuracy of a media report . . . but i do think it's a considerable uphill battle to pick up all the nuances in the legal analysis that takes place in a legal battle.


As for this guy's choice to go with a movie . . . one possible explanation:

The defense attorney only needs one juror to buy it. The DA needs all 12 to get a guilty verdict. Mass media isn't an unusual choice if one wants to trigger some common experience or understanding between attorney and juror.

One trial practice class teacher told me always to keep up with US weekly . . . . because if someone in the courtroom cracked a joke about what happened in pop culture, and I (as an attorney) didn't get it . . . i've automatically alienated myself from the pool of jurors that are supposed to decide my case.

So that's just one consideration.

cemtoes
04-27-2009, 10:29 PM
I love the "what if" scenario. Such a great defense. I'm sure that loser will go away for a ridiculously long time if not for life, which he deserves. He killed another man out of complete rage how is that justifiable in any way?