Monday, December 18, 2006

The Chuy Defense

Once again, another yet to be named lawyer has fanagled his way out of an unlawful carrying of weapon charge using what I call the Chuy defense. Newschannel 5 reported that a lawyer was caught with a pistol that was discovered in his briefcase at the security check point at the Hidalgo County Courthouse. The lawyer was not arrested or charged only questioned. WOW! Where do I sign up for that treatment?

Precedent was set for the Chuy defense when, back in October 2005, it's name sake, His Holiness, Senator Juan "Chuy" Hinojosa ALLEGEDLY carried his gun into the McAllen airport. After telling the world it was an innocent mistake and that he forgot that he left the pistol in his briefcase, he walked off scott free after a being declared "not guilty" by a jury of one his peers, -lawyer- a municpal court judge -lawyer-, who refused to magistrate him for the charge.

When the McAllen Police dared to call bullshit on the judge's shenannigans, Supreme Chancellor Rene Guerra said he would not prosecute the case because there was no criminal intent or some other crap in broken English that I couldn't decipher, thereby creating the Chuy defense.

The Chuy defense is simple. All you have to do is meet a two prong test and presto-change-o, you're free to go my friend. First of all, you have to be a lawyer, or a law-maker-upper. In the case of Rene Guerra, it's the same thing. Being in that club has its priveleges including isulation from do as I say, not as I do misbehavior claims.

Second, you need only claim oops, and say that you forgot you had the weapon on you, near you, or in you. I guess as long as you don't saunter in the room like John Wayne twirling a Colt .45 on your right index finger you should be alright.

The mere fact that you met the criteria for test one means that you're telling the God's honest truth, despite the king-x fingers behind your back. Case closed, go on about your business.

The entire scheme of this defense screams double standard. They must really think we're so stupid, and they do, to believe that every citizen would be treated equally and given an opportunity to claim this defense. Really? Yeah really. They know that most of the cattle could care less about stuff like this. How do they know? They get re-elected again, and again, and again don't they?

Sadly I'm more than sure that in the future Johnny Welfare from Albores Courts will stroll into the courthouse for his child-support hearing accidentally packing heat. The difference is he'll definitely be sporting correctional institution blaze orange later that evening. Maybe if Johnny's lucky, he'll draw Chuy Hinojosa as his pro bono legal counsel.

1 Comments:

Anonymous Anonymous said...

Oh my god, where do I start?

A few years back I completed the concealed handgun course. If my memory is correct, the penalty for packing a piece into a restricted area, the least of which is losing your permit privilege, was made very clear in the course material and by the instructor. However, I don't recall seeing the "chuy defense" chapter.

As for the lawyer they caught going into the courthouse with a gun, I'm supprised the even checked him. I've seen local attorneys and employees returning from lunch permitted to enter without going through the metal detector. I wonder if the county has enough insurance or money to cover the lawsuit that would be filed if an incident accured due to not checking everyone, and I mean everyone, entering. Want to guess as to who would be the first lawyer to file that lawsuit?

Years ago my dad told me the most powerful people in politics are located in your own county. The combined power of the county judge, district attorney and county sheriff can put the kibash on just about anything they wish. The secret is you have to be in their favor to be rewarded with protection.

The arrogance some of our elected officals display at times just proves the point. Want proof? Watch the video of "his majesty" Chuy dealing with the media after his mistake of carrying a gun into the airport or how he dealt with the lawman trying to do his job. Chuy's position is "how dare you question me, don't you know who I am?" and he has friends in the right places to back him up.

As for Johnny Welfare and the rest of us, it's "up against the wall you redneck mother". Hope you have enough money to hire a lawyer with the right political connections. If not, like Johnny Welfare, you're screwed!

7:04 AM  

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