As the Livermore Complaint makes clear, the Attorney General AND local police have "discretion" regarding prosecuting complaints they receive. This "discretion" is supposed to follow reasonable, fair guidelines and make allowances for budget considerations, departmental focus, changing circumstances, etc. Beware whenever you hear the word "discretion" used in our system of Government. Where there is "discretion" there is usually abuse. This case and the Livermore case makes clear how "discretion" is usually applied.
Case 99-2353. Mr. Robinson asserts he was at the Tyla Club in Woonsocket, Rhode Island in early July of 1997 the same day one defendant Michael Harris was inducted as a member of the club. [Mr. Harris was an off duty Providence Police Officer] Mr. Harris saw Mr. Robinson relieving himself in the club parking lot and proceeded to become verbally abusive and vulgar in front of several witnesses. Mr. Robinson was already in his car preparing to leave at this point. Mr. Robinson attempted to find out what Mr. Harris' problem was when Mr. Harris shoved Mr. Robinson in the chest. Several patrons felt the need to restrain Mr. Harris from assaulting Mr. Robinson further.
Mr. Robinson left immediately in fear due to Mr. Harris saying he was going to get his gun. Mr. Harris also left the scene at the same time. Mr. Robinson went to his brothers and relayed the matter and both of them went to an aunt's house which was in close proximity to the Tyla Club. Mr. Harris and Mr. Robinson saw each other again in passing and Mr. Harris was yelling out to Mr. Robinson. Mr. Harris was near his vehicle with something in his hand. Mr. Robinson and his brother thought it wise not to confront Mr. Harris and proceeded to their aunt's home.
Due to the nature of Mr. Harris' assault and threats of deadly force, Mr. Robinson went to the Woonsocket Police and filed a complaint charging Mr. Harris with assault and battery. Some time later Mr. Robinson was at the Woonsocket Police Department on an unrelated matter and inquired about his complaint against Mr. Harris. Mr. Robinson was told his complaint was dismissed or resolved for an undetermined reason. Another defendant, Robert Morris [alias John Doe] the Chief of the Woonsocket Police also acknowledged the complaint and was equally vague on what happened to it. Mr. Robinson's complaint was eventually erased from the Woonsocket Police Department computer system.
A letter dated
2-8-2000 from Protestant Chaplain Rev. John Miller to Lisa Farrell, Chair of the Rhode
Island Parole Board states:
This letter is written in support of Reginald Robinson's application for parole. As
you may know the charges, which lead to his violation, were dropped. Apparently
insufficient evidence existed to take the matter to trial. Therefore, it would seem
that Reginald Robinson has been in prison for the past three years for a crime that he did
not commit. In light of this fact and considering the effort Reginald has made in
the area of personal development, I would encourage a positive decision on his behalf. Caught.net heard some time later that Reginald Robinson was released.
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