| ▲ | He Was a Suspect in the Yogurt Shop Murders for Thirty Years. He Can't Forget(texasmonthly.com) |
| 62 points by gmays 3 days ago | 37 comments |
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| ▲ | xvxvx 3 days ago | parent | next [-] |
| No disciplinary action for the cops involved in trying to convict innocent boys, and harassing one to the extent that he’s now dead. If their own freedom was on the line, they’d not be so motivated. Time to hold the police accountable: |
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| ▲ | WarmWash 4 minutes ago | parent | next [-] | | The question to ask is of the net harm on society would be higher if cops were hesitating at every move. The stories against the police are incredibly damning, but the statistics are pretty tame. | |
| ▲ | emdash 2 hours ago | parent | prev | next [-] | | The legal system is literally incapable of holding cops accountable | | | |
| ▲ | nekusar 4 hours ago | parent | prev | next [-] | | Dont forget that the whole police qualified immunity was a fiction created out of nothing from SCOTUS. Its not federal law. Not state law. Pierson v. Ray (1967) is the start of this farce. And these police, due to non-law SCOTUS making shit up, are able to hound an innocent person for decades and suffer absolutely no punishments for that. | | |
| ▲ | parineum an hour ago | parent [-] | | The right to an abortion was also a legal fiction "created out of nothing". | | |
| ▲ | soperj an hour ago | parent [-] | | So was woman's right to vote?
What's your point. | | |
| ▲ | seizethecheese 23 minutes ago | parent [-] | | You can probably assume they’re using this as an example of an “invented” right that many here would agree with, to say it’s not necessarily a bad thing for courts to “invent” a right. |
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| ▲ | andrewstuart 2 hours ago | parent | prev [-] | | In America are police essentially literally immune from the law? | | |
| ▲ | tough 2 hours ago | parent | next [-] | | Who watches the watchers? | |
| ▲ | parineum an hour ago | parent | prev [-] | | The answer is no. It's complicated because the District Attorney is usually responsible for seeing cases against police and deciding to bring charges but they rely on having a good relationship with the police. The high profile stuff you see on the news are the hard cases. Most of the time the instances where people say they got away with something are very biased takes that leave out a lot of context rather than a successful cover-up, though both do happen. People talk about qualified immunity like it's a personal shield for police but it's much more nuanced than you'll read about most places. Qualified immunity just says that the individual police officer has immunity from prosecution or liability in cases where they genuinely believe they are doing their job correctly. | | |
| ▲ | colejohnson66 11 minutes ago | parent | next [-] | | Not quite. The way courts have applied QI is that a cop can't be held liable if there's no legal precedent that what they did would violate one's rights. The specific wording is "clearly established". So if there's no legal precedent that punching an innocent bystanding (who's recording them) is a violation of their rights, then it's not "clearly established" that their rights were violated. Ergo, QI applies. The absolutely absurd wrinkle is: courts often skip the rights question entirely. Since Pearson v. Callahan (2009), they can decide either prong first, and many decide only that the right wasn’t "clearly established". As such, the underlying violation goes unruled on and precedent is never established. Rarely, courts hold the conduct so obviously unconstitutional that no on-point precedent is needed, so QI doesn't apply. Those rulings are rare and sometimes reversed on appeal, including by the Supreme Court. | |
| ▲ | gus_massa 6 minutes ago | parent | prev [-] | | > has immunity from prosecution or liability in cases where they genuinely believe Why does it apply only to cops? If I'm drivind at 60mph in a 50mph zone but I genuinely believe the max speed is 60mph, do I get a fine? |
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| ▲ | ahazred8ta 2 days ago | parent | prev | next [-] |
| Irony: the real killer was arrested 2 days later and had the murder weapon on him, but it was never matched against the Austin murders. He killed himself in 1999.
https://en.wikipedia.org/wiki/Robert_Eugene_Brashers |
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| ▲ | doomspork 5 hours ago | parent | next [-] | | I had heard about this case but I didn't realize they had finally identified the perpetrator. What an awful human being he was. | |
| ▲ | arjie 3 hours ago | parent | prev [-] | | Fascinating history. 3 years for a 12 year sentence as the result of good behavior, huh. Amusing. I suppose if someone were to attempt to murder you or someone you love, your best shot is to kill them after their release and then behave well. Then you will have likely saved society from a repeat offender and perhaps you’ll serve a few years. A sacrifice well worth it. | | |
| ▲ | dyauspitr 2 hours ago | parent | next [-] | | Three years is a long time. Three years in an American prison and you’re not coming out the same person. | | |
| ▲ | MyHonestOpinon 2 hours ago | parent [-] | | It blows my mind when I read comments online. People very lightly talk about sentences of decades like it is nothing. |
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| ▲ | porkshoe 3 hours ago | parent | prev [-] | | And I suppose their loved ones should then kill you, to save society from another killer... And I suppose your loved ones should then kill their loved ones... And so it goes.. | | |
| ▲ | lotsofpulp 2 hours ago | parent [-] | | Why would you suppose that? Presumably, arjie’s murder-in-response tactic is only for the first “unjustified” murder. |
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| ▲ | steve-atx-7600 3 hours ago | parent | prev | next [-] |
| Turns out I work a couple blocks away from the strip model where that shop was. One day I walked by and saw a memorial placard in the ground and started googling to find out what happened there. Pretty nuts. There’s been so much gentrification since the time of the murders that it’s hard to understand what kind of neighborhood it was back in the day. |
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| ▲ | jefflinwood an hour ago | parent | next [-] | | That part of Austin (I lived in North Shoal Creek for about fifteen years) is pretty slow to change. Most obvious change on Anderson would be part of Northcross Mall becoming the Walmart. | |
| ▲ | hughw 3 hours ago | parent | prev [-] | | It's honestly not all that different today. The Shoal Creek neighborhood behind it was well established then, and the mall buildings were the same. North of Anderson has changed a bit more, but not radically. | | |
| ▲ | thefourthchime 2 hours ago | parent [-] | | Yeah, I was about to say the same thing. The strip mall's basically the same. The shops have changed. Some of the stuff around there has been changed, but it's actually not that different. I've been in Austin for 25 years. It's actually one of my favorite parts of town. What has completely changed is the people. Used to be kind of a slow college town with kind of a counterculture, some hippies. Now it's a buzzing urban area. Fancy cars, a lot of tech money. |
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| ▲ | thefourthchime 2 hours ago | parent | prev | next [-] |
| Weirdly, and I'm I guess I'm a little embarrassed about this, but after I saw the documentary about what happened, I saw him interviewed at some bar. I used ChatGPT to figure out which bar it was. And then on a lazy Sunday I drove down there and just hung out and soaked in the atmosphere. He was there, he works there. I didn't even want to look because it felt weird. But there he was, doing his job, living his life. |
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| ▲ | comrade1234 3 hours ago | parent | prev | next [-] |
| Another example of why the death penalty should not exist. One of the boys spent five years on death row for a crime he didn't commit. |
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| ▲ | drcongo 4 hours ago | parent | prev | next [-] |
| The HBO documentary about this case was excellent and you really feel for Forrest and his family. Highly recommended watch. |
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| ▲ | thaumasiotes 4 hours ago | parent | prev [-] |
| > In February, Forrest was officially declared innocent, and a few months later he was granted millions of dollars in compensation from the City of Austin. In August, he turned fifty, and his mom and the patrons of the Manchaca Springs Saloon threw him a big party. Sixty friends—many of whom he didn’t even know two years ago—toasted him, hugged him, and gave him raucous high fives. You would think Forrest would, finally, be happy. I see the argument thrown around a lot that it's unethical to impose the death penalty because it can't be reversed. This has never made any sense to me. If you put someone in prison for 40 years, you can't reverse that either. If you spread baseless rumors about someone being a murderer, never charge him with anything, and just quietly let everyone in the state shun and despise him for 40 years... |
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| ▲ | myrmidon 2 hours ago | parent | next [-] | | False convictions are much easier to stomach for the public when the punishment isn't final, irreversible and impossible to compensate. The rate of such false convictions is just too high. This study estimates it at over 4%: https://www.pnas.org/doi/10.1073/pnas.1306417111 You can't be killing people for justice when 1 in 25 are statistically innocent, that's just not gonna fly anymore. | |
| ▲ | deltoidmaximus 13 minutes ago | parent | prev | next [-] | | 40 years and death aren't the only two options. You can't see the future, he could be exonerated after 2 years of the 40 year sentence but if he'd been murdered by the state there would be no coming back. | |
| ▲ | td521534f12 3 hours ago | parent | prev | next [-] | | If someone is falsely convicted we may not be able to rewind time but we can publish their innocence widely and give them monetary compensation, and whatever portion of their life remains is returned to them. We cannot resurrect a dead person. | |
| ▲ | bryanlarsen 3 hours ago | parent | prev | next [-] | | Millions of dollars isn't a reversal of 40 years in jail or 40 years of humiliation, but it's a heck of a lot better than nothing. | |
| ▲ | glitchc 3 hours ago | parent | prev | next [-] | | I think it's very obvious why your argument is incorrect. All you have to do is apply it assuming it happened to you, then you'll understand the difference. | |
| ▲ | sidewndr46 4 hours ago | parent | prev | next [-] | | How does that work? Was he indicted and put on trial? | | |
| ▲ | td521534f12 3 hours ago | parent [-] | | Two of the other boys were tried, convicted, and one given the death sentence. The death sentence was later commuted, and eventually they were freed due to the violations of their sixth amendment rights. |
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| ▲ | baobabKoodaa 3 hours ago | parent | prev [-] | | > If you put someone in prison for 40 years, you can't reverse that either. If I walk past you on the street and accidentally sneeze at you, I can't reverse that either. But sneezing at you is less of a harm than putting a person in prison for 40 years, which, you know, is less of a harm than murdering a person. |
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