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Activist judges overturn child rape conviction because prosecutor recited Dixie


James D. Kirk was sentenced to twenty years in prison for sexual battery of a 13 year old white girl. He was also charged with lewd conduct towards a 17 year old white girl.

Kirk raped a 13 year old white female, who had run away from a group home with three other girls. Kirk offered the girls drugs and a motel room to stay in. Then he raped the 13 year old. All three other girls testified that Kirk had raped the 13 year old. A medical examiner testified that the victim had vaginal tearing from being raped.

Now three left-wing activist judges have overturned his convictions, because the perp is black and the prosecutor quoted the song Dixie. The panel of three judged declared that the song Dixie tainted the trial with racism.

The judges claimed that by quoting the song Dixie, the prosecutor violated the “defendant’s constitutional rights.” The judges then stated “This Court does not require resort to articles or history books to recognize that “Dixie” was an anthem of the Confederacy, an ode to the Old South, which references with praise a time and place of the most pernicious racism.”

This is all to advance the far-left narrative that black people are being falsely convicted of crimes because of “racism.”

The conviction was overturned by the Idaho Court of Appeals. This court acts a intermediary to the Idaho Supreme Court. It has four judges. Cases are heard by three judge panels. The three judges who overturned Kirk’s conviction are Karen L. Lansing, David  Gratton, and John M. Melanson.

Click here to see full decision from the court.

 

 

 

 

 

 

 

 

From UK Mail Online…

The Idaho Court of Appeals has thrown out a black man’s sex crime convictions, saying the prosecutor interjected race in closing arguments by quoting lyrics from the Confederate anthem ‘Dixie’.

All three judges agreed that Canyon County Deputy Prosecutor Erica Kallin erred in citing a song praising what the judges called ‘pernicious racism’ that might have influenced the jury.

‘This prosecutor may not have intended to appeal to racial bias, but a prosecutor’s mental state, however innocent, does not determine the message received by the jurors or their individual responses to it,’ the judges wrote in the opinion.

‘An invocation of race by a prosecutor, even if subtle and oblique, may be violative of due process or equal protection.’

In April 2013 James D. Kirk, then 45, was sentenced to 20 years in prison after the jury found him guilty of committing lewd conduct against a 17-year-old girl and sexually battering a 13-year-old girl. Both teenagers are white.

Kallin began quoting ‘Dixie’ lyrics as a response to the defense’s closing arguments that focused on the perceived weaknesses in the state’s case, including the failure to gather physical evidence to help prove the girls’ testimony.