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Wassell case goes to the jury

March 7, 2014

MAYVILLE — The truth was left unclear as Benjamin Wassell contradicted testimony of police and a gun shop owner as he took the stand Thursday....

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Mar-07-14 5:38 PM

A mistrial wouldn't do him any good 1Laona. The state would then certainly motion for a change of venue to someplace such as the lower Hudson Valley, where he will be toast. He needs acquittals on as many of the charges as possible, and the best place for obtaining that is right here.

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Mar-07-14 2:53 PM

Hope we have at least one juror who will vote for Freedom and against Prince Andy and his AG.

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Mar-07-14 9:07 AM are absolutely correct. And if the AG wins...this case will be used as a judicial precedent to further erode the rights and liberties of citizens...especually the Second Amendment. Cuomo needs to be voted out of Office and so does AG Schneiderman and all his little eichmans "following orders".

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Mar-07-14 9:06 AM

I also think it ironic how the article states that the lead investigator is now retired and living in Georgia, in a state that has much less restrictive gun laws, and where Mr Wassell would probably not be charged with anything. Just another New York State pension bloated autocrat taking our hard earned tax dollars, that pay her pension, and spends them in another state economy while honorable hard woring veterans back here are charged with unconstitutional crimes,the same NYS veterans who are paying her pension. New York State is a sham and a joke. The only mistake that Mr. Wassell made was coming back to this God forsaken place. Any working person with any sense, who is not in the NYS pension pool needs to get out of NYS. Even the lead investigator had the sense to relocate out of state, albeit with your tax dollars - case closed!

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Mar-07-14 8:42 AM

You slit your own throat jj's. it's only a matter of time before the out of business signs shows up. I hope mr cuomo can assist you..... Good luck with that one

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Mar-07-14 8:42 AM

Funny how all of the information previously in the media (put out by the STATE POLICE and AG) did not at all match up with the actual facts of the case. And if you are really ignorant enough to think this is not a second amendment issue, just ask the founding fathers themselves why they wrote it and but it second in the bill of rights behind only the right of free speech! Don't worry others have already done the research for those of you too lazy to do it for yourselves so just Google it keyboard warrior. Or go back to school. I think start somewhere around 4th grade!

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Mar-07-14 8:31 AM

Does this leave any doubt in anyone's mind in doing business with JJ's Guns.

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Mar-07-14 8:27 AM

@thoughtful PS I'm sure Hitler said the same thing to his ss men, military leaders and countrymen...either the Jews broke the law (that by the way Hitler enacted behind close doors without the say of the people...sound familiar) or they didn't. If they did, there needs to be consequences. So NYS makes a law that is impossible to comply with and understand and they start charging people with felonies..why because as a felon you are barred from all guns and can't work most jobs. Kind of what Hitler wanted for the Germans.

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Mar-07-14 8:24 AM

Hopefully the Observer's reporter will make note of the judge's comments when he charges the jury this morning as regards the gun shop owner's testimony. I have a hunch he will say something like: "You will have to determine if you all feel that the shop owner's testimony, as to the accused wanting to sell the gun, is believable "beyond a reasonable doubt" before you can consider the charges of unlawful sale to the undercover agent".

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Mar-07-14 8:23 AM

@thoughful...for someone who claims to be so thoughtful...your not thinking right..Hitler's men followed orders..because of law and loyalty. As is the New York State Attorney General, Cydney Kelly and Sandra Migaj. Hitler wanted to create a superior class of citizens and degrade and punish everyone else. If the New York State Attorney General can get away with usurping the power of local DA's and very easily charge people with felonies and manipulate the process so the felonies stick..then the govt is getting exactly what they want...controlling and manipulating a lesser class citizen by branding them a felon and taking away all rights...including employment.After all these years, Hitler's vision and policies have finally come to life.

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Mar-07-14 8:04 AM

really? HITLER?? There is no ethnic cleansing, destruction of an entire religious group.... this is SIMPLE: Either Wassel broke the LAW or he didn't. This isn't POLITICAL.... it's LEGAL. Let the process WORK... and stop trying to turn this into a second amendment issue... it's NOT.

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Mar-07-14 7:44 AM

Notice how the accused challenged testimony of the gun shop owner as to the allegation that he was trying to sell the gun? If the jury can't agree that that the shop owner's testimony satisfies them "beyond a reasonable doubt" that he was in fact trying to sell the gun, then the whole legal basis for the state's conducting a subsequent sting operation on him goes out the window I would think. Of course the gun shop video of the accused possessing the illegal weapon would still give the state the right to seize it and charge him with simple possession.

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Mar-07-14 7:40 AM

My favorite part of the article was Sandra Migaj saying she received orders to question and arrest Wassel. First if they have nothing to hide..why not video and audio record the interrogation and confession? Because they don't want people to really know what goes on to make people confess. A few years ago, a state trooper and an officer at SUNY Fredonia were reprimended for police induce false confessions. It only stopped after an investigation where an officer wrote out a 5 page police confession (yes the officer wrote the confession) and wouldn't let the suspect leave until he signed it. The suspect finally signed it but in the confession he wrote statements that contradicted everything the officer stated. Kudos to him. Following orders? So were Hitler's men. I'm so glad to see our society become what Hitler wanted in the first place. We can now say everyone who died fighting for this country for rights and against tyranny and facism...died in vain.

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Mar-07-14 7:34 AM

And the lies continue from the New York State Attorney General's Office. According to the article NYSAG Investigator Sandra Migaj said no lies threats or promises were made. Ya I'm sure they went in all nice and police and didn't try to force a confession with tactics like "your facing a lot time and a lot of charges, help us help you" and if they trump up charges against you and say your facing a life time behind bars...anybody would tell them whatever they wanted to hear to get lesser time and charges. Its funny on the radio you have an individual prosecuted by Cydney Kelly and investigated by Sandra Migaj in an unrelated case and are being accussed of manipulating the court process and evidence in that case and here they are in this case being accused of the same thing. Someone needs to investigate Sandra Migal and the New York State Attorney Generals office conduct in this and other cases. Good luck Ben!

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Mar-07-14 7:26 AM

Coomo's Storm Troopers strike again! Talk about a trip back to the Nazi's of the 1930's and abusing the rights of good citizens- this is it!

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