View Full Version : "Brian Aitken's Mistake"
http://reason.com/archives/2010/11/15/brian-aitkens-mistake
i cannot find any other info on this guy- any of you New Jersey members up on this guy's conviction?
summary-
brian lived in colorado with his wife and son.. wife left him and moved back to new jersey. brian sold the house and began moving his shit to a new apartment in NJ to be closer to his son. he owned three handguns, which he unloaded, locked, and put into locked hard-cases.. i'm not exactly clear on what all went down with the guns- but he apparently stored them, along with a lot of his other shit, with his mother in NJ. after leaving his mother's with the guns and a lot of other shit (clear evidence of a move), his mother called the police to talk to them about his mental state, being concerned that he may try to harm himself. the article articulates that she's a social-worker, and is trained to do this any time anybody she's dealing with seems, in her estimation, like they may try to commit suicide. who knows how she defines her own criteria. she re-thinks, hangs up the 911 call before answered, police respond to the 911 hangup. after they're there and she explains why she'd made the call, they call Brian and ask him to come back. he complies (fatal error). once back, they search him, search his car, dig through all his shit (the article doesn't talk about consent or why they searched- but they're NJ cops, so one can only imagine how it all went down [glare at me all you want]), and find the cased, locked, and emptied pistols. he's arrested and prosecuted for unlawful possession of firearms under NJ law. the jury is not allowed to hear about exceptions to NJ's ultra strict handgun laws, nor is Brian allowed to use the exception about transporting firearms between residences- the Judge's ruling. the jury reluctantly convicts Brian, after asking numerous times about exceptions and being told by the judge that none apply to this case.
the judge's reasoning for not allowing the exception to be presented:
"There was no evidence that Mr. Aitken was moving. He was trying to argue that the law should give him this broad window extending over several weeks to justify driving around with guns in his car. There was also some evidence that Mr. Aitken wasn't moving at all when he was arrested, but had stored the guns in his car because his roommate was throwing a party, and he didn't want the guns in the apartment while guests were there drinking."
despite testimony from his friends and family that he was, in fact, moving.
anybody have any other info/links/heard anything, especially regarding opposing side?
I heard about this guy. Evan Nappen is the best there is in NJ, if he couldn't save him no one could. Truly hope clemency is granted.
I'm writing another letter to Christie. He's our best hope to end this nightmare, not just for Brian but for all of us here.
DaBears_85
11-18-10, 16:59
How long is his sentence, or are they not to that phase yet?
ETA: Nevermind, found the answer. 7 years seems pretty steep, especially when you consider that fact that he has no criminal record. What the hell kinda show are they running in New Jersey?
Bolt_Overide
11-18-10, 22:29
On the face of it, sounds like total bullshit.
I heard about this guy. Evan Nappen is the best there is in NJ, if he couldn't save him no one could. Truly hope clemency is granted.
I'm writing another letter to Christie. He's our best hope to end this nightmare, not just for Brian but for all of us here.
you can be the best in the world, it wont do a bit of good if the judge makes impossible rulings. his defense, the only defense, was not allowed to be entered as evidence.
thats like me shooting some assjack in self-defense, and the judge not allowing the fact that he was robbing me before i shot him to be entered as evidence.
jklaughrey
11-19-10, 00:12
Blatant miscarriage of the justice system. This should never have even made it to court. Officer's, DA, and Judge showed ZERO common sense on this matter. There will be a reckoning at some point. Hopefully the judge will get a review or asked to step down. There will be an appellate review and inquiry I hope.
Blatant miscarriage of the justice system. This should never have even made it to court. Officer's, DA, and Judge showed ZERO common sense on this matter. There will be a reckoning at some point. Hopefully the judge will get a review or asked to step down. There will be an appellate review and inquiry I hope.
the judge was actually fired for mishandling an unrelated case.. more evidence for appeal (which brian is currently beginning).
jklaughrey
11-19-10, 00:28
Thanks for the update BKB. Hopefully this ruling will be overturned and he will be released. I am all for putting away the one's who deserve, but those that don't! C'mon common sense should play some part in a decision of this nature. Rulings like this and the actions of the LE/DA office make us officer's look like heavy handed thugs.
DaBears_85
11-19-10, 05:46
the judge was actually fired for mishandling an unrelated case.. more evidence for appeal (which brian is currently beginning).
True, but unfortunately for Brian the appeals process can be a rather lengthy one. It could take up to a year or more just to have his case heard by an appellate court. This truly is a shame, even if his case is overturned someday he's still lost a year of his life. How do you give someone back their time?
The_War_Wagon
11-19-10, 08:08
How many bulldozers would it take, to scrape NJ into the gulf stream? Let it float back to England, where it belongs. :mad:
How many bulldozers would it take, to scrape the foul NJ democrats who've been in power too long into the gulf stream? Let them float back to England, where they belong. :mad:
Much better.
C'mon common sense should play some part in a decision of this nature.
Very sadly, common sense has little to no meaning here in situations such as this. So long as that charge stuck and wasn't pleaded down (which should have happened), the sentencing guidelines don't allow for exceptions.
We can thank our inner city democrats for making everyone else here suffer as result of their inability to be personally accountable. They need to deal with their self generated slop in Camden, Newark and Trenton, not blame inanimate objects for their problems.
And we also have far too many weak willed, idealogic suburban dems here too no doubt. Idiots all of them.
rubberneck
11-19-10, 09:10
My understanding of this case is that the gentleman in question found himself in hot water because he didn't get a NJ firearms ID when he moved into the state. He wouldn't have been arrested in the first place if he followed the law, and he claims to have done "extensive research" on how to legally own a gun in the state. Anyone that has lived in that state for more than 30 seconds and wants to own a gun knows you have to get a FID. It's quite black and white. He didn't and now he is paying the price for not obeying the law. As much as I hate NJ gun laws we are supposed to be a nation of laws and we don't get a pass on breaking them if we feel they are unfair. There are ways to deal with unjust laws if you feel that strongly about it.
One other thing the dude has really bad luck. Several years ago there where a shit load of gang related shootings in Newark. One of the ways the state decided to attack the issue was to punish the illegal possession of firearms the same as the commission of a crime with one. The state was catching young gang bangers with guns but the law prior to the the punishment for it was so insignificant that it had no effect. Under the new law it does sadly this guy just happened to get caught up in the wash.
I hope he sues the state claiming that the necessity for getting a NJ FID violates the second amendment. Maybe some good can come out of his misfortune but he isn't the innocent lamb that he is being made out to be.
Here is a petition that was emailed to me if anyone wants to take a moment...
Dear Friends of the NJCSD,
Many of you have become aware of the story of Brian Aitken.
If you are not familiar with Brian’s story, please read it here: http://briandaitken.com/
This is the kind of situation with NJ gun laws and the sort of “justice system” that any one of us could fall victim to at any time. If you are inclined to do so, please feel free to make a donation to Brian’s legal defense while there.
At the request of the NJ2AS, we have set up an online petition for those of you who are as outraged as we are at the miscarriage of justice, requesting that Governor Christie commute Brian’s sentence.
Please sign the petition at our website: http://www.njcsd.org/joomla/index.php?option=com_chronocontact&Itemid=68
If ever there were an example of the outrageous, draconian gun laws that serve to mostly ensnare honest law-abiding citizens but do little to nothing to actually thwart crime, this is it. Brian’s story also has come to illustrate all that’s wrong with the political climate in New Jersey. It is an outrage that a judge has been allowed to ‘railroad’ an honest man into prison because of politically motivated ideological viewpoints.
Kindly forward this email to everyone you know who believes in an honest and fair judicial system, even if you or your friends don’t necessarily support or understand gun ownership. We Americans should all have an interest in an impartial judicial system, and Mr. Aitken’s case stands as a testament to all that’s gone wrong with the Garden State.
Littlelebowski
12-20-10, 17:37
Commuted by Gov Christie! (http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.html)
**** yeah! Christie in 2012!
GermanSynergy
12-20-10, 17:44
Unfortunately he is still a felon and prohibited person for life. :mad: :(
At least he can fight the good fight w/o being behind bars.
Commuted by Gov Christie! (http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.html)
**** yeah! Christie in 2012!
Littlelebowski
12-20-10, 17:47
Unfortunately he is still a felon and prohibited person for life. :mad: :(
At least he can fight the good fight w/o being behind bars.
I will give this consideration to no other politician but I am hoping he commuted rather than pardoned in order to leave it open for a legal challenge. I say this only because of Gov Christie's heroic and unwaivering stand against the public service unions that bankrupted the highest taxed state in the country.
GermanSynergy
12-20-10, 17:50
Agree 100%. I hope to see the day Mr.Aitken can legally own guns again.
I will give this consideration to no other politician but I am hoping he commuted rather than pardoned in order to leave it open for a legal challenge. I say this only because of Gov Christie's heroic and unwaivering stand against the public service unions that bankrupted the highest taxed state in the country.
So what is it with new jersey?
You're not allowed to have unloaded guns in the trunk of the vehicle at any time? WTF is going on over there?
There was supposed to be a rally to support Brian last week. It was canceled and not rescheduled. I heard on Gun Talk yesterday that there may some action coming from Governor Christie some time this week. So keep your eyes and ears open, send some email traffic to GOV. Christie, and pray that this young man gets his life back.
Don Robison
12-20-10, 22:43
There was supposed to be a rally to support Brian last week. It was canceled and not rescheduled. I heard on Gun Talk yesterday that there may some action coming from Governor Christie some time this week. So keep your eyes and ears open, send some email traffic to GOV. Christie, and pray that this young man gets his life back.
Commuted to time served. Still a convicted felon, but out of jail shortly.
http://www.nj.com/news/index.ssf/2010/12/gov_chris_christie_commutes_se.html
New Jersey has long had a reputation as being hostile to gunowners.
It also has confusing laws, and the original article detailing the person's arrest and charges was equally confusing in this regard.
I have heard that you need a Firearms Owners ID to simply own a firearm.
I have also heard that you can own firearms without a permit but only need a NJ Firearms Owner ID if you wish to buy a new firearm or ammo, and that handguns require a permit to purchase each additional handgun.
I'm not really clear what the laws on--both from reading the article and trying to decipher the laws from the NJ Gov's websites.
I've had people from NJ tell me that you need a Firearm's owner's ID to merely possess a gun; while other have told me this only applies to purchasing guns and ammo.
glad theres at least some good news for the poor sonuvabitch. thanks for the update, gentlemen.
So what is it with new jersey?
You're not allowed to have unloaded guns in the trunk of the vehicle at any time? WTF is going on over there?
They have communist laws put in place by dumbass liberals.
I will give this consideration to no other politician but I am hoping he commuted rather than pardoned in order to leave it open for a legal challenge. I say this only because of Gov Christie's heroic and unwaivering stand against the public service unions that bankrupted the highest taxed state in the country.
I would say that is a safe bet. Not being allowed to argue statutory exceptions to a jury is an outrageous miscarriage of justice and the kind of thing I would think any group specializing in appellate work would be chomping at the bit to take.
If however he did want a full pardon and Christie didn't give it we need to find out and let him know he will fail on a national stage unless he pardons this guy.
Littlelebowski
12-21-10, 09:47
So what is it with new jersey?
You're not allowed to have unloaded guns in the trunk of the vehicle at any time? WTF is going on over there?
****ed up police and a moronic prosecutor in this case.
****ed up police and a moronic prosecutor in this case.
Don't forget the judge...
Why would anyone want a gun for protection in NJ? http://www.nj.com/news/index.ssf/2010/12/essecx_county_sees_fatal_end_t.html
A man was shot and killed in Newark on Sunday night, capping a violent weekend in Essex County that saw nine reported carjackings, nine shootings and three attempted carjackings, authorities said.
Don't forget the judge...
Wasn't the judge the biggest piece of shit in this whole matter? I believe he was not allowing the jury to hear certain arguments from the defendant.
here...http://reason.org/news/show/brian-aitkens-mistake
Brian Aitken claimed he was moving between residences, and there is pretty strong evidence that he was. Sue Aitken testified that her son was moving his belongings from her house to his. So did Aitken's roommate. One of the police officers at the scene testified that Aitken's car was filled with personal belongings.
Yet Judge Morley wouldn't allow Aitken to claim the exemption for transporting guns between residences. He wouldn't even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren't comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken's lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either.
Wasn't the judge the biggest piece of shit in this whole matter?
Yes, he was. But he's gone and now the extremely anti-gun AG needs to go as well.
My main concern now is, why are judges in the US allowed to refuse evidence into the court room?
What kind of ****ing justice system is this?
CarlosDJackal
12-21-10, 14:42
****ed up police and a moronic prosecutor in this case.
No shit. Even back when I carried a badge and could legally carry in NJ I was told that I better not do it with hollow points. So I had to get that weak-assed Federal EFMJ ammo to be in compliance with my agency (which does not allow FMJ, SWC, or other non expanding bullets) and the state's laws.
I avoid that state and the state north of it as much as I can for a reason.
platoonDaddy
12-21-10, 16:54
Hey Chrisite, u the man!
New Jersey Gov. Chris Christie Commutes Sentence of Man Sent to Jail for Owning Guns Legally
http://www.foxnews.com/politics/2010/12/21/christie-commutes-sentence-man-sent-jail-owning-guns-legally/?test=latestnews
RogerinTPA
12-21-10, 17:41
Awesome! This ties into another thread around here about this very same case.
https://www.m4carbine.net/showthread.php?t=67185
VooDoo6Actual
12-21-10, 17:58
Nice to see a common sense solution to this rediculous situation.
Belmont31R
12-21-10, 18:53
Nice to see a common sense solution to this rediculous situation.
It would be better if his criminal record for this case was entirely wiped clean of this entire ordeal.
VooDoo6Actual
12-21-10, 19:27
yes, it should be expunged no doubt.
Awesome! This ties into another thread around here about this very same case.
https://www.m4carbine.net/showthread.php?t=67185
dude... that IS this thread. :p
platoonDaddy
12-23-10, 11:19
It would be better if his criminal record for this case was entirely wiped clean of this entire ordeal.
Freed New Jersey Man Wants Gun Conviction Overturned
A New Jersey man whose seven-year prison sentence was commuted this week and is now seeking to get his felony gun charge conviction overturned blamed judicial "bullying" for his guilty verdict
http://www.foxnews.com/us/2010/12/23/freed-new-jersey-man-wants-gun-conviction-overturned/
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