Wednesday, February 08, 2012

Sometimes the Law Makes You Just Want to Scream

What we have here is really sad. Let me net it out for you.

A young kid (age 8 at the time) loses his mom to cancer. At nine he is diagnosed with muscular dystrophy. He is bullied at school. The older kid assigned to protect him graduates and moves on. The boy, then 11 years old, gets attacked by two boys (perhaps a couple of years older) one day and they still his iPhone on which he listened to music. He is hurt badly. In school, he identifies at least one of those that attacked him, and he does so a couple of times. He signs a paper saying so. But he can't take it any longer and he commits suicide at 11.

Fast forward to the trial of the accused who can't be identified because he's still a kid. He pleads "not guilty". His own lawyer admits the dead boy was likely telling the truth "per se" -- but because of the the law requiring "eyewitness evidence" -- the defense lawyer wants all the evidence of the dead boy to be rejected. And he's not accepting the written word since it wasn't also backed up with a video or tape recording. (As Rose DiManno in the article implies who expected the boy to be dead so that they would have recorded all this?)

The judge is still deliberating on what she will or will not allow. But here's my beef. . .

Any society that hides behind such rigid rules when even the defense lawyer says the boy was likely telling the truth and allows a couple of teenagers to get away with such bullying, isn't worth a heck of a lot. And maybe, just maybe this young boy who took his own life knew it.

Here's the unfortuante story.

Toronto News: DiManno: Trial of youth accused of assault and robbery could rest on words of victim, 11, now dead - thestar.com

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