scienceplease
Validated Poster
Joined: 11 Dec 2007
Posts: 288
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 Posted: Wed Dec 03, 2008 7:52 am Post subject: 9/11 Hero & Truther charged and cleared |
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http://www.law.com/jsp/article.jsp?id=1202426427894&pos=ataglance
| Quote: | Charges Dropped Against 9/11 Rescue Worker due to Hero Status
A Long Island judge has dismissed charges of driving under the influence and illegally possessing a weapon against a 9/11 rescue worker, citing the man's status as an "American hero."
....(snip)....
"[T]he Court finds that the Defendant has demonstrated the existence of compelling factors, considerations or circumstances which show that his prosecution or conviction upon the accusatory instruments herein would constitute an injustice."
Shortly after the planes hit the World Trade Center, defendant Michael McCormack, a major in the National Guard, was called to the scene. At home in Suffolk County while on Workers' Compensation following a construction accident, he arrived at Ground Zero around noon, about three hours after the second crash.
McCormack later told reporters that he spent the next eight days futilely looking for survivors.
...(snip)....
He also became a frequently quoted critic of the government, suggesting that the 9/11 attack might have been an "inside job" and comparing the Bush administration to Nazi Germany.
McCormack suffered a range of injuries, including asbestosis, damaged sinus cavities and post traumatic stress disorder. He also inhaled a five-inch piece of shrapnel, which remains lodged in his lung.
Five years later, in September 2006, McCormack was arrested in two separate incidents.
On Sept. 12, a police investigation of his house uncovered an unlicensed firearm. The reasons for the investigation remain murky, though McCormack told one reporter that the officers were responding to complaints of a "chemical smell" emanating from his house.
Twelve days later, McCormack was pulled over for driving erratically. He later tested positive for Alprazolam, the anti-anxiety drug most commonly marketed as Xanax.
In separate informations, prosecutors charged McCormack with fourth-degree criminal possession of a weapon and operating a motor vehicle while under the influence of drugs.
He moved to dismiss the charges in the interest of justice.
Judge Hensley, citing McCormack's work at Ground Zero and the symbolic significance of the flag he uncovered, has granted the motion.
The judge listed the 10 factors a court must consider when determining a motion to dismiss in the interest of justice.
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