25085: JRAguste: (reply) Fwd: Re: 25025: Raber (discuss) Neptune (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: JRAuguste1@aol.com

>From JRAuguste re: Neptune not being arraigned. Neptune delaying the legal
proceedings.

How can Neptune delay his prosecution when he has not been arraigned? His
prosecution should start with an arraignment unless in Haiti it starts with an

arrest pursuant to a warrant issued by a proper authority. The arraignment
being  the legal moment/proceeding when the accused is formally charged and
made

aware  of the nature of the pending accusation. The legal logic: an accused
can only  put up a defense only when the accused is aware of the exact pending
charges  (for instance, you don't prepare a murder defense when the actual
charge is  rape)

As to his refusal to be taken to Saint Marc for arraignment, why not bring
the judge to him in his hospital bed. The judge, the prosecutor, the defense
attorney and the greffier (one who records the proceedings [by hand writing in

Haiti] ) is all the state should need for this hospital bed arraignment, et
voila. It is done routinely in the USA when the accused is hospitalized for
whatever reason, such as injury in the commission of the alleged crime, or in
fleeing after the crime, or from resisting arrest, or from arresting police or
 what have you. The arraignment can take place anywhere, regardless of the
fact  that the trial venue is Saint Marc. Then Mr. Neptune can move for a
change

 of venue from St. Marc to some neutral place.