Saturday, June 21, 2008

Gage says he's vindicated by lack of acquittal . . . [ahem], I meant procedural dismissal

Noel Gage was interviewed by the Review-Journal about his victory and vindication in Federal Court. Mr. Gage didn't let a little thing like not being acquitted and a position of a jury vote for his conviction (resulting in a mistrial in the prior trial) get in the way of declaring the judicial dismissal on procedural grounds to be proof of his innocence.

Then, to show how magnanimous he is, Gage attacked the U.S. Attorneys who brought the case against him.
The Review-Journal reports:

Pointing to the nine-page decision, Gage said, "It shows that we have an office here that's out of control, that doesn't understand their constitutional obligations to the public."

For months, Gage has criticized the U.S. attorney's office in Las Vegas for pursuing the case against him. "I always knew what the result would be," he said. "I just didn't know when." Gage said the ruling by Senior U.S. District Judge Justin Quackenbush amounts to an acquittal because it bars prosecutors from refiling the case.

But prosecutors could ask the 9th U.S. Circuit Court of Appeals to review
the decision. When asked about the possibility of an appeal, Gage said simply,
"Bring it on."

"Bring it on." Apparently, Gage has been hanging out with the 4 ft 10"Heavy Hitter again. But weirdly, the U.S. attorney for Nevada didn't get the memo about how judicial dismissal really amounts to an acquittal and proof of Gage's innocence:

"Obviously, there was enough evidence for the federal grand jury to believe
that Mr. Gage should be indicted," Brower said Thursday. "We believed there was
enough evidence to convict Mr. Gage of the charges against him. We believe that
the evidence was overwhelming, and we were confident that if given the chance to
try the case again, we would prevail."

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