Washington Post: Second Circuit rules for accused ‘cannibal cop’

[proverbialwisdom]

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/12/03/second-circuit-rules-for-accused-cannibal-cop/

Second Circuit rules for accused ‘cannibal cop’
By Eugene Volokh December 3 at 11:48 AM

http://www.ca2.uscourts.gov/decisions/isysquery/697181f9-beaf-43e6-ac8f-118a708851ed/2/doc/14-2710_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/697181f9-beaf-43e6-ac8f-118a708851ed/2/hilite/

MORE: http://www.democraticunderground.com/10688120#post6

[proverbialwisdom]

1. Christopher Asch and Michael Van Hise are also appealing convictions. Richard Meltz pleaded guilty.

http://www.reuters.com/article/usa-crime-cannibal-idUSL1N0Y31CV20150512

Tue May 12, 2015 12:53pm EDT
UPDATE 1-New York's 'cannibal cop' back in spotlight at appeals court

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"It is not Judge Gardephe's role to seat himself as a 13th juror," Assistant U.S. Attorney Justin Anderson told a three-judge panel.

Edward Zas, Valle's lawyer, said the messages were merely "horrible fantasies" and that Valle often made seemingly concrete plans with others online that never came to fruition.

"In an ordinary case, words are pretty good evidence of intent," he said, but "not in this case."

U.S. Circuit Judge Barrington Parker appeared skeptical of the government's argument, comparing Valle's supposed plans with a drug conspiracy in which a leprechaun transports cocaine from the moon.

U.S. Circuit Judge Chester Straub questioned the defense argument by pointing out that Valle traveled to Maryland to have lunch with one woman and also learned where she worked.

The third judge, Susan Carney, expressed doubt about whether a real conspiracy existed, although her questioning was less sharp than that of her colleagues.

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The case also led to the arrest of three other men for conspiring to kidnap and kill women.

One of them, Richard Meltz, pleaded guilty and was sentenced to 10 years in prison. Christopher Asch and Michael Van Hise were convicted last year and are appealing. (Reporting by Joseph Ax; Editing by Barbara Goldberg and Peter Cooney)

RELATED: http://www.justice.gov/usao-sdny/pr/manhattan-us-attorney-and-fbi-assistant-director-charge-announce-kidnapping-conspiracy

http://www.masslive.com/news/index.ssf/2014/09/ex-police_chief_at_bedford_vet.html