"David R.Birch" wrote in message
...
Ed Huntress wrote:

In that light, I'd say the veterans' response was quite temperate.
They did not harm the offender nor take or destroy his property. They
exercised their first amendment right to "make a statement" with a bit
of duct tape and a sign. Tit for tat, I'd say.

I hope you don't mean that. "Making a statement" by holding someone
against their will, and all the rest of it, constitutes kidnapping under
the law. It's a felony everywhere in the United States. It also
constitutes battery (and probably assault, depending upon the
circumstances), but kidnapping is the felony.

The question I have is whether the kid went willingly. I wouldn't object
to what was done to him if, in his more sober moment, he thought it was
fair and went along willingly. If he didn't, I'd arrest the participants,
get a change of venue, and prosecute them for felony kidnapping.

He was offered the option of having the cops called, a one on one with a
vet or sitting in the chair. He chose.

Of course, that's heresay. Since kidnapping in New York has no statute of
limitations, the kid may decide at some future time that what happened was
something different. Apparently there are dozens of witnesses to the taping
and humiliation. It would be interesting to know if there were any witnesses
to the "offer."


Finding a prosecutor who really did believe in the rule of law, and who
wasn't too much of a coward to bring the case, might be another matter.

Depends on what looks better for his career, usually.

BTW, the kid gets misdemeanor destruction of property, unless the flag
was worth enough to make it a felony. The case could be made for that,
considering what people had to go through to get that particular flag.

The kid didn't want the cops brought in. He chose.

Who really knows?

Don't misunderstand me. I'm not siding with the kid. But I'm opposed to a
few things in this world, and one of them is taking the law into one's own
hands.

That may not be what happened here. But when I heard that the guy
perpetrating this "display" turned down media offers and wouldn't name the
kid, my suspicions were raised. I wouldn't be surprised if he's being quiet
about it on the advice of an attorney. Even if he has a strong case in
court, and even if no one would prosecute in a criminal case, the kid could
raise one hell of a stink in a civil case.

All it would take is a lawyer looking for some face-time with the media and
a contingency deal for the lawsuit.

--
Ed Huntress