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Criminal Sues Hostages For Emotional Stress

December 1, 2011 by  

Criminal Sues Hostages For Emotional Stress

A man who broke into the home of a Kansas couple and took them hostage is suing the couple for breach of contract to cover emotional stress and medical bills.

The criminal, Jesse Dimmick of Denver, is serving an 11-year sentence after breaking into Jared and Lindsay Rowley’s Topeka-area home in September 2009. Authorities were pursuing the man because he was wanted for questioning in the beating death of a Colorado man, according to The Associated Press.

Dimmick says he told the couple he was being chased by someone, most likely the police, who wanted to kill him and that he needed to take refuge in their home. The couple reportedly fed the knife-wielding invader snacks and watched movies with him until he fell asleep. They then escaped their home unharmed.

Dimmick was convicted of four felonies, including two counts of kidnapping. Now, he alleges that he and his captives had an oral contract which they breached by alerting police. In handwritten court documents he stated: “I, the defendant, asked the Rowleys to hide me because I feared for my life. I offered the Rowleys an unspecified amount of money which they agreed upon, therefore forging a legally binding oral contract.”

The criminal wants the couple to pay $235,000, including $160,000 for his hospital bills incurred after he was shot in the back by police and an additional $75,000 for emotional stress.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • s c

    So, do we have any agreements with Mexico or North Korea that could help? Offhand, I’d say that a six-month term in any Mexican prison (or three months in a North Korean prison) would enlighten young Dimmick. So, lawyers plan to enforce a perceived oral contract.
    Ladies and gentlemen of the jury, here is your proof that America is devolving. The inmates are running the asylum, and some folks don’t get the hint. I’m guessing that Dimmick wants America to believe that he’s a victim of society.
    Often, that means the ACLU is waiting in the wings, drooling at the thought of proving once again that
    ‘all laws were meant to be broken.’ In the event that the ACLU is waiting in the wings (again), it’s time for a bit of simple social justice. That is, treat Dimmick like the criminal he is, treat the ACLU like &*#^ [which it is], and make an example of anyone who tries such self-serving stupidity the next time it happens. Yes, it will happen again.
    Lawyers need money. Americans don’t want to get involved, and the crazies know how to play the legal system like a cheap violin. Yes, it will happen again.

    • Dave

      First off, the “contract” was made under duress on the part of the homeowners. Their domicile was breached and they were taken hostage; hardly the grounds for a contract of any kind much less an oral contract. Under such duress, the offering of food, comfort, etc. would be expected behavior in an effort to forestall any further damage to the homeowners emotional and physical well being by this intruder.
      Allegations of “offering money” while wielding a knife and thus “forging an oral contract” hardly makes sense anymore than an intruder holding a gun would give money to anyone to force provision of shelter. The lawyers should at the least, have their licenses to practice law revoked for filing further adding to the emotional distress of these most unfortunate homeowners; the intruder should get nothing except with the possible exception of a lecture on the realities of consequences for his behavior.

      • wandamurline

        I think the main word here is “verbal” … can you prove verbal…I don’t think so. At one time in this country many, many years ago when people were basically honest, a verbal contract was honored….not anymore. Why in the world would a court even allow such a frivilous lawsuit to be filed….the attorney needs to join his client. Thank God, Texas just passed the “You Pay” tort reform. For years, blood sucking attorneys were suing people who had insurance for anything, because they knew the insurance companies would not go to court because of the expense, plus even if the insurance companies won, they still could not collect their expenses from the plaintiffs…it was a scam. Now, under the new law, you file suit against someone, if you lose, you now have to pay the court costs and attorneys fees of the defendant. Now, the insurance companies can go to court with their clients, because now, if the plaintiff loses, the plaintiff has to pay all of the defendant’s court costs and attorneys fees. This will, in turn, cut the costs of insurance.

        • Vagabond

          Mark up a good one for Texas,

          • Aix Sponsa

            I am searching the archives for the highly technical legal term for this attorney….. Oh, ya…. worthless unethical piece of crap.

        • Bob from SoCal

          I think that the main word here is criminal. This worthless excuse for a human needs to shut up and do his time for being a criminal. He should count his blessings that he is still alive, and hopefully learn from this experience, to behave in the future.

      • Vagabond

        Dave. I dissagree. the intruder should get something. twenty more years at hard or. and I do agree any lawyer who takes his case against these people should be dissbarred and fined a hundred thousand dollars. the money to be given to the couple for the actions of this SCUMBAG and the lawyer,

      • Tim

        The police should have shot him a few times and made sure he was dead.

        • bus

          If this gets into a courthouse door, then our country is totally screwed up. The lawyer for this reprobate should be brought up on charges of filing a frivolous lawsuit and fined a couple hundred grand.
          If it gets beyond the front pages of the newsprint then I hope the family counter sues the lawyer, because they won’t get anything out of the criminal.

        • http://aol SammColt45

          The VICTIMS should have shot him before the police even arrived. And you still wonder why people should carry a gun in their own home?

      • baatman74

        The man should have had a gun handy and put a bullet betweem the man’s eyes, that saves the tax payers so much time and money… just sayin’

    • Old Henry

      Simply clarifies the point that if anyone breaks into your home, shoot to kill without hisitation.

    • Earl Cook

      What kind of an attorney would even consider taking a case like this? I got sued by a jerk once, for over two years, the judge fined the jerk $500. twice and when the case was over the jerk had to pay ME over $60,000.00. True story!

  • Vicki

    Contracts signed under extreme duress are not binding.
    The word frivolous comes to mind. Perhaps mr Dimmick should be brought before a judge and charged with felony extortion.

    • http://. Big Daddy

      ANY JUDGE OR COURT THAT WOUOLD HONOR THIS CASE BY EVEN PLACING THIS ON THEIR SCHEDULE SHOULD BE SHOT AND SENT TO MEXICO OR VENEZUELA.
      THE FACT THAT THIS CASE WAS ALLOWED TO BE FILED IS A DISGRACE AND A SAD SHOW OF THE STATE OF OUR LEGAL SYSTEM.
      CLEAN WASHINGTON AND START WITH THE ATTORNEYS AND THE LAW PROFESSORS

      • Jeff Amberson

        You are right. One of the requirements of a valid contract is that the subject matter be legal. Hiding, or aiding and abetting, a fugitive is not legal and hence, there was no valid contract. This should be thrown out of court immediately.

      • Kate8

        This case is not without precedent of sorts.

        There was the guy who fell through a skylight while attempting to break in. There have been others who were injured during the commission of similar crimes who sued…AND WON.

        Nothing makes sense anymore. Criminals are protected and victims are persecued. Makes you long for the old days when victims were just ignored.

        It will be interesting to see if this goes anywhere.

        Lawlessness abounds.

  • skippy

    you have GOT to be kidding me.

    • dalek

      Is it me or does anyone else think the Judge that is allowing this is liberal?

      Why do we wonder what is wrong with this country? This is why I have always said, if I have to shoot a crook, there will only be one side. Dead folks don’t sue. I hope it never comes to that but this is the legal system we have allowed to bring forth stupid fruit. Reminds me of a old saying. ‘Better to be judged by twelve than carried by six.’

      God help us!!

      • USAF VET

        I saw nothing in the article which said that any judge had even looked at this case. Anyone can file a lawsuit, that doen’t mean it will go anywhere. When it comes before a judge it is evaluated for its merits and then it is acted upon either favorably or unfavorably. This case, when looked at should be thrown out as a frivolous case.

        • kodster

          Thank you! My points exactly. The County Clerk’s office in the county this was filed has to accept any and all filings… it is not their position to determine which lawsuit has merit or not. The judge that is assigned to the case (by the County Clerk) will determine whether there is any merit to the lawsuit, and act accordingly. The likelihood of any lawyer before the bar of the state of Kansas is representing this idiot is slim to nothing, and more than likely, filed by the idiot himself, either as a jailhouse lawyer, or fellow inmate who fancies himself a lawyer. MOST lawsuits that are filed by inmates while incarcerated, because they are determined to be frivolous by the judges assigned to them, are dismissed for lack of merit before they even get to the first hearing. And even if this DID get before a jury for a hearing and judgment, I hope that the jury of 12 would realize that this idiot deserves nothing and recommends that the couple be fully compensated for THEIR pain and suffering at the hands of this idiot. That’s what the couple ought to do… counter-sue in civil court against this idiot. They would likely get a substantial award on that basis, but good luck collecting anything from the idiot.

      • Vagabond

        Dalek you remind me of me.not only is the judge liberal. he is allso STUPID. but then that is a good description of all liberals, he still should be removed from the bench and dissbarred,

        • USAF VET

          What judge? Read the article again before you go yelling about a liberal judge. All it said was that this dummy has FILED a lawsuit, which anyone can do. It probably won’t get past the first review of it. It’s just a waste of paper, time and effort.

      • Patty

        dalek – Not only can the criminal sue, but if the criminal dies during his criminal activity (home owner kills burglar) the criminals family can sue the victims (homeowner)for loss of income from the burglars illegal enterprises. Society is sick and only getting sicker. Also, those criminals who sue, get to do so free as most are considered indigent. This means that our tax dollars are paying to represent this wacko. While the actual victims ring up a large legal bill defending themselves against the criminal.

        • Kate8

          Patty – Just a thought… Wouldn’t entering into a contract with a criminal during the act of commiting a crime, and covering for him later, be called ‘aiding and abetting’?

          • libertytrain

            Kate – a nut comes into your home – what with a knife I think they said…odds are good you’d say “sure” to what he asked as well. I’m guessing I would have agreed to his oral contract if I thought it would get him the hell out of my house till I could do something “real” about the situation.

          • Kate8

            libertytrain – No kidding! It was a tongue-in-cheek comment.

            Seriously though, the perp is suing them for breach of contract, or going back on their word (of course it’s ridiculous). But, in some insane scenario where a judge takes this seriously, could not the argument be made that for the couple to honor such an agreement would make them complicit in a criminal act?

            Of course anyone would agree to anything in such a situation. The whole thing is absurd. But if one is going to contemplate the absurd, there can be several facets to it. :)

          • libertytrain

            Gosh, sorry, I’m usually up on that but been a tough couple weeks -

    • Philip Tarnofsky

      Amen!

  • eddie47d

    It comes down to You DO The Crime You Do The Time. What an absurdity Mr Dimmick! I would say you owe the Kansas couple emotional restitution but do it far away from their farm.

    • http://naver samurai

      OMG! We agree on something! FOR GOD AND COUNTRY!

  • CanCan

    The sad thing is, there is a jury group out there that will be dumb enough to rule in favour of this nit wit criminal. They always said that crime pays….

    • dalek

      I would counter sue him. Take his canteen money. lol

  • Don

    This is a perfect example of why EVERY law-abiding citizen shold own at least one GUN. If they had just shot this SOB dead when he broke into their home with his KNIFE, then neither they nor society would have to put up with this ass-clown’s idotic antics or the tactics of the ambulance-chasing sheister lawyers that he has employed!

    • Bob Marshall

      To show how crazy things can get. While living Houston, my neighbor shot into the ground when two men trying to steal his truck from his driveway. The two men left and came back with their whole family and the Harris County Sheriff. He was in the process of hand cuffing my neighbor when i told them what happened. If i had not been across the street using my telescope that night and saw what happened he would have gone to jail. How messed up is that.? That would have been his second truck stolen in two weeks.

    • Lastmanstanding

      Amen…End of story.

    • Vagabond

      Don. I agree with you 150%,

  • Ted Crawford

    This is nothing more than the natural progression of the entitlement mentality perpatrated by the Progressives. The saddest part of this is that in certain Courts in this nation today, he just might win!

  • Linda

    I can’t believe some judge is idiot enough to even allow this lawsuit to be heard.

    • Joyce from Loris

      Just remember the case of the woman who spilled her OWN coffee in her OWN lap, and sued McDonald’s, and WON millions of dollars that a JURY awarded her! A JURY! That’s people like you and me, that sat there and listened to that crap and still awarded in her favor. Someone so stupid as to place a cup of hot coffee between her legs deserves NOTHING, but this bimbo got millions! Yeah, I wouldn’t be a bit surprised if this idiot kid wins his case. Several home owners have been sued by home invaders who were injured during their break in, and WON, by a jury. We have some stupid people in America. How they wind up on a jury is beyond me!

      • Vagabond

        No Joyce. that jury was not like you and me, that jury was 12 VERY STUPID people aiding one of their own kind,

      • Patty

        Actually, she didn’t spill the coffee. The coffee was so hot that it melted the styro cup it was in that she had placed between he legs. Now, personally, don’t most cars come with cup holders? I don’t recall ever going through a drive through and then taking my beverage and putting it between my legs to hold it….but then again, I don’t eat at places like that.

        • Joyce from Loris

          Actually, the lid popped off when she placed the coffee between her legs, the cup didn’t melt! Coffee is suppose to be hot, anyone should have better sense than to place a cup of HOT coffee between their legs!

  • Don

    What is this country coming too? That he would even be allowed to bring such a stupid lawsuit up is beyond belief!

    • Patty

      Hungry, out of work attorneys.

    • Rick

      as a criminal your only rights are to a speedy trial and swift sentence. they goive up their other rights when they commit their crime and are convicted. The only reason they should be back in court is if the are given more charges.

  • http://comcast jwright

    Any judge worth his salt will dismiss this action before it reaches his courtroom. This goes way beyond the granny who sat a cup of hot coffee between her legs then sued McDonalds because the hot coffee burned her thighs. Where in any law book does it say a jury of your peers should reward you and your dirtbag attorney for your stupidity? I’m sure this turd was involved in the death of the man the police were investigating, so what happened to that part of the investigation. Good God, wake up America!

  • Beth W

    This article did not say Dimmick had found a lawyer to take his case, nor a judge to hear his case. I hope that is because he has not found them and I hope he never does!

    • Cliffystones

      Nope, no mention of a lawyer. Just another loser POS convict with too much time on his hands. And am I the only one who would like to wipe that smirk off of his face with a baseball bat?

      • Patty

        Nope, not the only one! And by the looks of his face he is into meth on top of it.

  • http://n/a EWoods

    This means next time someone breaks into your home don’t just leave you need to kill the bastard!

  • Jim

    Is there any information regarding the attorney handling his case? I’m expecting his or her last name to end with with either -berg, -gold, or -stein.

    • USAF VET

      Yeah, right. The article doesn’t say a thing about a lawyer, judge, or anything else. All it says is this idiot has filed a lawsuit, which, should be thrown out as soon as it is reviewed.

  • Chris

    Somebody please give this Dimmick character a sh*t filled twinkie. Seriously, this country is in dire straights if a lawyer proceeds with this and a judge doesn’t throw this out ASAP. DURESS is the key word here. There was no contract.

  • H.M.B.

    I think they give him an additional 10 years in jail for creating more problems for the couple. Then tack on 5 years for stupidity.

    • Lastmanstanding

      jail time for these losers is just one small reason why our municipalities, states and country are broke…take a moment to think about how many violent people are incarcerated, what it costs, who it costs…then make a rational statement.

      • Average Joe Patriot

        Let’s just skip over the legal, political, and economic factors (such as that over half the prisoners in the US are NOT in jail for violent crimes; they simply unwillingly support the Big Business of busting, adjudicating, and incarcerating people for an increasing number of nonsensical reasons which amount to “crimes” against themselves or against no one, or even against an over-reaching establishment hell-bent on depriving citizens of their Constitutional rights) and get to the heart of the matter.

        The couple failed to defend themselves with deadly force against deadly force. Had they done so (which many here consider both a right AND a responsibility), this would have been a far less interesting story and we wouldn’t be wasting our time discussing it.

        • Lastmanstanding

          no argument from me.

  • CP

    With no more information than was supplied in this article,I would say Dimmick has made a pro se filing, as he doesn’t have a case that would atract even the ambulance chasers out there. Even better, he has to come up with a couple of hundred dollars just to get his case actually filed in court. And yes, much as we all hate to think it, the judge has little sayso about what cases are filed, just which ones he will actually allow to be heard. Even there, he has to be very careful, or he will be up on charges of not fulfilling his duties as a judge. He may well read the filing then order a fine levied against Mr. Dimmick for filing a frivolous lawsuit, which any judge is now allowed to do.

    • Patty

      I am pretty sure he is classified as “indigent” and therefore, the filing fee was waived.

  • Les

    This is what happens when a country is run by and for lawyers. Win lose or draw, one or two lawyers get rich. A nation run by lawyers will never honor the rule of all set up by our founding fathers. Lawyers & bankers have been running the country since at least 1913. I want my Republic back.

  • Blue Jeans

    The judge needs not only to throw this case out but to levy a fine on the Lawyer who filed the frivolous lawsuit. These lawyers are also to blame!

  • Joey Biden

    What a mockery of our judicial system. Heavy repremands should be levied for the laywers and the judge if this gets to a court. Stupidity should not be a source of income.

  • Rebecca

    If someone breaks into my home wielding a knife I would make a contract with them too. My contract is called “Smith and Wesson”. End of story.

  • big wyo

    Why oh why is this POS still breathing.
    Dead men tell no tales and no lies and cant sue.
    Did I get it right that he was wanted for a killing.He would have woke up in intensive care if at all if it were my home.

    These home owners actually did him a disservice as now he will someones little prison b@tch showing there is always some justice.

  • Sirian

    Shoot, this is nothing new at all. This suit will be tossed as so many others. There have been many cases filed by convicts still in that run along the same line – wanting better peanut butter, tennis shoes etc. Sure it’s irritating but it won’t go anywhere other than being used as filler for a paper.

  • Paul

    F#$%er needs a bullet in his head…end of problem.

  • http://whistlestop bruce

    KNOW I HAVE SEEN A NEW ONE JUST WHEN I THOUGHT I SEEN IT ALL. BRING HIM TO ME SO I CAN SHOW HIM WHAT REAL STRESS IS. HE TAKE ME TO COURT I WILL DIE LAUGHING AT THE JUDGE.

  • Gary Bridges

    This is a perfect example of when the Make My Day law should be used hell he only brought a knife to a gun fight.

  • John

    When the love of money enters the picture,justice and truth are thrown out the window. Dimmick is entilted to nothing. End of case.

  • Gringo Infidel

    Any attorney that would take this case to represent this scumbag should get de-barred. Any judge that accepts such a frivolous lawsuit should be removed.

    The fact that this guy is still breathing shows how benevolent our society is – otherwise he would be worked to death in gravel mine.

  • Derek

    You are missing several points. “In handwritten court documents he stated…” Inmates do not have to have a lawyer to file suits. Based on legal decisions from the 9th District Federal Court (San Francisco), all inmate suits must be heard in court and fully processed. They cannot be reviewed for validity or even looked at to see if the complaint makes any sense (such as the case that took several years to decipher the spelling and grammarical errors before it was determined that the inmate was suing to obtain brown mustard rather than yellow mustard). I have seen cases that took years (up to 10 years) to move through the court system. There have been suits filed over the lack of access to a TV 24/7, a pedophile not being allowed to be housed with teenagers in the infirmary, and requesting monetary damages against individuals that testified in their court case. These cases are nothing but a drain on the taxpayers and defendants (they still need to hire a lawyer and file responses at their own expense). Liberal courts have given more rights to those who break the laws than to those who uphold and follow the laws. Victims are victimized by the criminal and then again by the courts, with little to no recourse.

    • Rick

      Ban lawyers ad judges (Lawyers with a title) and do away with the courts and bring back vigiate justice. Convicted criminals shouild have ZERO rights Especially the right to sue for anything. what they get they deserve.

  • kodster

    His name speaks loudly enough… Dimmick = Dimwit. God always puts the right name with the right person’s character. It may not always be apparent, but eventually, the character of the person bears out the name.

  • tennisgirl

    can anyone say coercion

  • DavidL

    I remember the first comment from a corrections officer to me and my students when I first took them for a class visit to the Suffolk County Jail. He welcomed us by saying, “welcome to the house of dummies.”

  • Zack

    Just who in ‘ell is the screwed-up attorney that would take this case? And who will be paying his fee, the taxpayers>

  • http://gillysrooms.blogspot.com Gillysrooms

    Who is giving this dangerous thief these silly notions that he should get compensation for his crimes? What a load of manure, and your giving him more oxygen so he can now write a book on how to commit another crime against the hostages by worrying them with a possible law suit as everyone knows how stressful litigation always is, yet this guy can threaten without penalty? Is that how your silly justice system works? What he is doing is no different than holding a gun at their heads. Which Attorney is going to represent him I wonder?

  • dick klein

    Whoever filed the lawsuit should be sanctioned for a frivilous lawsuit. All legal expense in defending same should be charged to the plaintiff and his attorney. The State Board should also look into the behavior of the attorney (if an attorney in fact filed such a suit) for unethical and unprofessional conduct.

  • oldbill

    A binding contract cannot be made under duress. The judge who takes this case should spend time in prison with the convict. The lawyers who have created this abomination should simply be castrated, have their eyes burned out and their tongue cut out of their mouths.

  • ed

    Come into my house threatening me with a knlfe. i would have shot this dirtbag and his body would never have been found.

  • Joseph

    Mr. Dimmick needs a smack, and a kick in the pants! Ridiculous!

  • soldiere

    This is why you always kill someone who breaks and enters into your home if they don’t imediately run away upon your confrontation because dead people can’t testify against you nor sue you. Afterall, you don’t know the person willing to invade and for all you know, they will kill you at any time.

  • Nala Estes

    This action is exactly why this country is in the shape it is in. Who are the officials in Washington who want to run this country, and are running it the way they want to. Lawyers. Nothing gets under my skin more than damn lawyers, aka thieves, vultures, buzzards, ambulance chasers, missery makers, what ever you want to call the low lifes.These people should be the ones that fill the jails that they throw innocent people into for their personal benefit of financial gain.

  • harvey steele

    the plaintiff’s lawyers should be disbarred. for life.

    adios,

    harv
    Lancaster, Taxifornia
    push 1 for English ONLY in the USA

  • Searcher

    I saw no mention of an attorney in the story. The story did mention the complaint was hand written, leading me to believe the complaint was filed by the criminal himself.
    While everyone else is ranting about lawyers and judges involved in the suit, no one seems to be interested in what seems to me to be the real travesty of justice here. This guy was convicted of FOUR felonies, including TWO counts of kidnapping, and he’s only serving 11 years? THAT judge is the one I have an issue with.

  • Ace of Spades

    Get a rope!!!!!!

  • Doug Rodrigues

    The attorney who took this case should be dis-Barred!

  • dufas magnet

    Look, some hacked up runner comes into my house with a knife pointed at me or my family and said he feared for his life (much like we would be fearing as well) I’d figure he’d do anything to maintain his freedom so I would do (or say) anything to get his confidence until we could get out of that situation.. It’s a no brainer and if these people have to pay penny one then we will know exactly who this legal system favors the most.

  • Fred

    Ah yes, another slip and fall lawyer defending immorality. How can anyone in their right mind defend such people? I can answer that question by the way. A person without a Conscience and doesn’t care how they make money.

    I say we start shipping these offenders over to third world countries. A couple of days in a foreign prison would change a thugs ways.

    GOD SAVE US…

  • Fred

    The problem is that the police didnt shoot higher. If they got him in the back, they should have shot him in the back of the head. We wouldnt have this post or even be quibbling about it.

  • brianS

    The police should have shot to kill. Dead men don’t testify nor do they sue. One word for that lawyer AR##HOLE. Maybe a lead cookie would help him as well.

  • Bradford

    You idiots should actually READ the WHOLE article…It say, “in handwritten court documents”…So, this scumbag is representing himself, Pro Se, as it’s called…there is NO “lawyer” involved here. SHEESH!…

    • libertytrain

      or perhaps he has an attorney so desperate for cases he hand wrote it since he can no longer afford a printer for his broken out-of-date-computer…..

      • libertytrain

        SHEESH :)

  • Ronald R. Johnson

    He’s lucky he chose the home he did to break into because if it had been my home he had broke into I would have woke him and once his eye were open and with the knife in his hand I would have shot him dead and he wouldn’t be around to hire a low life Attorney! Oh, and to clear things up when he woke and with the knife in his hand or lap I would have killed him because I feared for not only my life, but the life of my wife and that should make it legal. After all when the police kill someone, even someone armed with a screw driver fifteen feet away as an Orange County Florida Deputy did a few years ago.She had no charges and no one to file a suite either!

  • Tired of Idiots

    With Mumia abu-jamal taking a cop’s life, being denied death and being given a life sentence, I can’t wait to see what they give this guy.

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