Reply to Jury refuses to indict Sandwich Man and other Trump cop misadventures

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]PPs point is that whether a sandwich is harmful or offensive is NOT cut and dried.  It could be but it also could not.  The gag gifts and the lying on the stand ("exploded") undercut the case and it was perfectly reasonable for the jury to conclude that the sandwich was not harmful or offensive.[/quote]

I’m the prosecutor poster. I agree with this. I should have been clearer with my conclusion: throwing a sandwich absolutely could support a conviction for assault. To put it slightly differently, hitting someone with a sandwich is not categorically NOT assault.

This is a quibble, but I don’t agree that the agent lied. I didn’t pay very careful attention to the case, but I suspect he used the word “exploded” colloquially. If a pen breaks in my purse or my soda opens up in my lunch bag, it would be fair to say that the pen or the soda exploded, even if there was no incendiary device involved.[/quote]

That would be fair to say but that is not what happened.

He said the sandwich exploded from its wrapper.  Pictures of the sandwich on the ground post toss showed that that was a false statement.[/quote]

Was the photo made public? It’s hard to evaluate the truth of his statement without the photo that was used to impeach him. [/quote]

Yes, it's from the public video and was presented in court.

Face it, it was not assault under the law.  Had the sandwich wrapper actually broke and mustard exploded onto him then it might have been offensive.  But it didn't so it wasn't.  And he lied about that.

In the end, because the sandwich did not explode, it was akin to throwing a stuffed animal.  Incapable of harm.[/quote]

Are you saying that no reasonable person could conclude that the agent was assaulted? Because the trial judge considered that issue and disagreed.[/quote]

The JURY was the finder of fact and concluded there was no assault. Hope that clears it up for you. [/quote]

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