NJ Gun Attorney Evan Nappen On The Pardon Of Steffon Josey-Davis

New Jersey attorney Evan Nappen, the man who wrote the book on that state’s gun laws and who represented Steffon Josey-Davis, was on NRA News yesterday. He was interviewed by Cam Edwards regarding Gov. Chris Christie’s complete and full pardon of Steffon. Nappen said the next step would be to go to court and get an expungement of the conviction from Steffon’s record.

Nappen also discussed the recent murder of Carol Bowne who was still waiting for her gun permit to be approved when she was murdered by her ex-boyfriend.

A Question For NJ Prosecutor Jim McClain

Atlantic County, NJ Prosecutor Jim McClain broke his silence on the Ray Rice assault case Wednesday. According to the Press of Atlantic City, McClain said:

“Even if they disagree with why I did what I did, I just want people to know the decision was made after careful consideration of the law, careful consideration of the facts, hearing the voice of the victim and considering all the parameters,” he said. “I want people to have confidence in this agency, even if they don’t agree with everything we do.”

Rice was charged with third-degree aggravated assault causing serious bodily injury. Third-degree charges — especially for someone like Rice with no criminal record — carry a presumption of no incarceration.

To result in a second-degree aggravated assault charge, a crime has to involve “serious,” or permanent, bodily injury. There is no first-degree charge of aggravated assault.

“People need to understand, the choice was not PTI versus five years’ state prison,” McClain said. “The choice was not PTI versus the No Early Release Act on a 10-year sentence. The parameters as they existed were: Is this a PTI case or a probation case?

 Confidence in this agency? Is Mr. McClain making a joke?

Let me see if I have this straight. An NFL player with a multi-million dollar contract punches his wife-to-be in the head so severely that she is knocked unconscious. Reading some of the boxing literature on knockouts, the force of the punch causes the brain “to smash against the inside of the skull, near the base of the skull” from inertia. Being knocked out may also involve a concussion and other brain injuries. 

The Association of Boxing Commissions consider this such a severe injury that boxers are given a minimum 60-day medical suspension from all boxing activity when KO’ed. Remember these are trained athletes who are engaging in a sport that involves hits to the head and body and not a young mother.

So my question for Atlantic County Prosecutor Jim McClain is this:  please explain how Shaneen Allen, a young mother with an unblemished criminal record and certainly no record of violence, who made an honest mistake due to a misunderstanding of the law and which hurt no one, is more of a menace to society than a  coddled star athlete with anger management issues who inflicted serious bodily injury on a woman.  The latter was given pre-trial intervention while the former is facing up to 10 years in prison even though she, as well, could have been given pre-trial intervention save for your intransigence.

To paraphrase Shakespeare, something is rotten in the state of New Jersey.

And lest readers think that Gov. Chris Christie is blameless in this whole affair, it was Christie himself who appointed McClain to be the County Prosecutor two years ago. Christie was criticized at the time over the quality of some of his prosecutorial nominations including McClain. We can see the basis for that criticism now all too well.

I, For One, Wouldn’t Miss The Old SOB

Sen. Frank Lautenberg (D-NJ) had previously announced that he planned to retire at the end of his term in 2014. However, if this article from Politico is accurate, he doesn’t plan to return to the Senate this coming week – or maybe ever.

On Friday night, with the Senate still in recess, Lautenberg released a statement announcing he would be out next week. Lautenberg did not make clear any return date.

“I regret that I will not be returning to Washington next week as I continue treatment for, and recuperate from, muscle weakness and fatigue. My physician continues to advise me to work from home and not travel at this time,” Lautenberg said in a statement issued by his office.

Lautenberg added: “I am disappointed I will not be present for the opening of the debate on gun legislation in the Senate. It is an issue I am deeply passionate about, and my victories over the gun lobby are among my proudest accomplishments. I am, however, gratified that my legislation to ban high-capacity ammunition magazines will be one of the key amendments offered to this bill.”

I’m not disappointed nor do I think anyone who believes in the Second Amendment is going to be disappointed if Lautenberg never returns.

The Politico article goes into the timing of a potential early retirement. If Lautenberg retires before late August, an interim senator would be appointed to serve until November 2013 at which time a special election would held. If it goes beyond that time, the interim senator would serve out the remainder of the term. It is presumed that Gov. Chris Christie (R-NJ) would appoint a Republican to serve as the interim senator. That said, if the Republican senator holds similar views on guns to that of Christie, it would be no gain for gun rights.

H/T Todd