"Good afternoon,
I am writing as a follow up to the story you have previously covered in regards to the Eureka murder of my father, Frederick Loftus.
He was murdered by David Alan Kobak two years ago on Sunday. The trial was set for this October yet has been granted yet another continuation requested by Public Defender Casey Russo.
The continuation is a ploy to keep Mr. Kobak safely in county jail and out of prison as long as he can. This is confirmed because David Kobak has confessed on more then one occasion, even being cited in the news as to say “There are no rights here. I fucked up. I killed my buddy … This guy is my buddy and he pissed me off and I guess I pissed him off. He smacked me a couple of times. It didn’t leave any marks but it hurt. Now he’s dead and that is the worst thing in the world.”
The defense’s case is based upon the elevated blood alcohol level as well as Mr. Kobak’s assumed early signs of dementia. However his statement and confession make it very clear that he is of sane and clear mind. Our tax payers dollars are being used to harbor a murderer. My families closure has been put on hold because the public defender wants to win a case for his career record.The trial is set for January which will make it TWO and a half years before we can even think of seeing any kind of justice!
If you have time, kindly share with with your viewer so that they know how our justice system is failing us. " --Crystal LoManto.
**I told Ms. LoManto that I would be glad to share her comment but with the disclaimer that what is expressed above is her statement, feelings and opinion. My coverage of the David Kobak case has been based on court hearings and information from court records. I am not verifying anything in Ms. LoManto's statement as fact nor in any way agreeing with her opinion. I wanted to give Ms. LoManto an opportunity to share her feelings and thoughts as well give my readers the opportunity to see a different side of Mr. Loftus than what has been covered in court. For the victims and families in any case, the wheels of justice do move slowly but we have many wonderful people in this community that care and understand and many who have gone through what you are experiencing now. Please know you are not alone. My prayers are with you Ms. LoManto and your family."
Earlier post:
https://johnchiv.blogspot.com/2019/08/this-past-weekend-it-has-been-two-years.html?m=1
The Public Defender is doing his job. Mr. Russo's duty is to his client. In the United States Of America, an accused has the right to make the government prove every element of the crime alleged beyond a reasonable doubt.
ReplyDeleteIn the United States Of America, the Judge has the duty to ensure that an accused has their rights protected, that they have a fair trial. To the lay person, it may appear that Judges bend over too far in protecting those rights. However, Judges are mindful that if they err, then a Conviction could be reversed, and the defense could in that event get a second Trial. Knowing most of the prosecution's strategies and what the testimony will be, the defense would then be in a much better position to get an Acquittal or a Conviction for a lesser offense in the event of a second Trial.
And yes, in the United States Of America, even the prosecution has certain duties to protect the rights of the accused, even if carrying out those duties might hurt the prosecution's case.
I suppose some would prefer a United States Of America more in alignment with pre-1996 criminal law in China. Fortunately the US Constitution has not been nullified. At least not yet.
https://law.jrank.org/pages/648/Comparative-Criminal-Law-Enforcement-China-Fair-trial.html