The William Poole case continues to unfold, and it has been covered effectively by Zero Intelligence
Pool has plead not-guilty and his public defender, Brian Barker, has filed to have the charges against him dismissed and have him released from prison. Poole was originally charged with second-degree felony terroristic threatening but this was reduced to a misdemeanor charge of criminal attempt to commit terroristic threatening.
Barker argues that an overt act must occur in order to be charged with criminal attempt. “Some sort of act or conduct is required to prove that a defendant is serious about carrying out his intentions,” Barker states in his motion. Barker claims that Poole was not indicted on any act or conduct, rather for an alleged statement he made.
“Apart from the legal arguments, the notion of an ‘attempt to threaten’ is an absurdity,” Barker writes. “As a practical matter, how does a person attempt to make a threat? The mere concept is nonsense.”
Barker filed a second dismissal motion claiming the statute is unconstitutionally vague. A third motion filed requests that Poole’s bond be reduced from the current $75,000 as this is an unreasonably high amount for a misdemeanor charge.
Sounds to me like the public defender is doing his job well.
- March 8, 2005: Time to Speak Out for Persecuted Writers… In America?
- March 14, 2005: William Poole is a Persecuted Writer
- March 29, 2005: Zombies or No: Why the Poole Case is Still Important
- March 31, 2005: Why the Poole Case is Still Important II
- April 12, 2005: William Poole Update
- July 22, 2005: William Poole Indicted on Misdemeanor, not Felony
…Hmm… Do you think I should just create a category for William Poole in my archives and be done with it?
Comments Invited on Revised Look
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