Monday, December 26, 2005
Mr. Free Cory Maye continues his assault on the verdict/sentence, this time by suggesting that the lack of a 'large stash' of marijuana in Maye's apartment suggests that (1) the police made a mistake in going into Maye's apartment and (2) this absolves Maye of, at the very least, capital murder...
Again, I must repeat myself, whatever the police did up to the time they showed up at Cory Mayes' apartment is irrelevant to the question of whether Cory Maye shot someone he knew to be a police officer. It didn't matter if, as Radley suggests, Maye had no reason to think the police would be trying to enter his apartment.
Let me illustrate: the local police once showed up to my house by mistake, confusing the street on which I live with another street elsewhere in the County. Seeing that I sleep on the far side of the house and the doorbell is next to useless, they were making quite a ruckus banging on the front door, trying to get someone to come answer the door (interestingly, they were there because of a report of a loud party... not at all consistent with a dark and quiet house in a dark and quiet neighborhood). Of course, I, being the upstanding citizen that I am and having done nothing wrong, would have no reason to suspect it was the police at my front door and might suspect somebody nasty was trying to get in. But that doesn't give the right to fire off a few rounds in their direction.
But even this is off-point.... for the prosecution alleged that the police did in fact announce themselves and that Cory Maye was aware that it was the police who were there and not some mysterious bandit coming to do him and/or his baby girl harm.... so even if Cory Maye, like me, had no reason at all to think it was the police there that night, once he learned - from their announcing "POLICE" - that it was the police, he could no longer claim to not know that it was the police and not some imagined attacker.
See, for all of Radley's focus on 'no-knock' searches, mistakes made in the paperwork and the minimal amount of marijuana allegedly found in Maye's apartment, the issue comes down to whether the jury believed that Cory Maye knew it was the police at his door and, knowing that, whether his actions were appropriate in firing at a police officer who had his gun in his holster (how threatening is it if the guy who comes into your room has no weapon out - while you have a pistol aimed at him? I'd suggest a lot less threatening that the level required to sustain a self-defense plea).
And the jury concluded that Maye knew what was going on... so they convicted him. As, it seems, they well should have.