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Man accused of attacking Madina Lake bassist found not guilty

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#1
Vesper

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From Kerrang.com:


Justin Pivec, the 35-year-old man accused of brutally assaulting Madina Lake bassist Matthew Leone in 2010, has been found not guilty by a Chicago court.
Leone was left fighting for his life after breaking up a domestic dispute between Pivec and his wife in the West Town area of Chicago in the early hours of June 29, 2010. Police said
Pivec was beating his wife and turned on Leone when he attempted to intervene. Pivec was subsequently arrested and charged on July 2 with with aggravated battery causing great bodily harm.

Leone - who suffered a fractured skull, broken nose and fractured jaw during the attack - was treated at Chicago's University of Illinios Department of Neurosurgery. There, he had one-third of his skull removed to allow the swelling in his brain to go down.
"We're utterly baffled and shocked to get a 'not guilty' verdict in the Justin Pivec attempted murder case," reads a post written by Matthew's brother and vocalist Nathan Leone on Madina Lake's Facebook page. "Admittedly, we're not well versed in the justice system but today a vicious coward was given a free pass for beating his wife and almost killing my brother. This has taken a tremendous toll on all of us for two years and though we're devastated. We will continue to focus on the positive. which is that Matthew is still with us and hopefully this has spread awareness for victims of domestic violence. More later as we attempt to comprehend this."


Before you go all ape-shit on me, this thread isn't about ML... just about the apparent HUGE FLAW in the justice system. What the heck is going on?

#2
spark in the night

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I remember hearing about this. I can't believe he was found not guilty.

The only thing I can think of is that if the wife did/did not testify, and whether she actually said, yes this man was beating me, yes this other man came to intervene and was then attacked.

It seems that women who are beaten don't have the psychological strength to come forward when they have the chance

#3
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Even if she didn't. ML was left fighting for his life and they let him off... DA FUQ?

#4
spark in the night

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yeah it happens a lot :/


I don't know a whole lot about the justice system either, but probably one flaw could be "innocent until proven guilty"
If it were the other way- "guilty until proven innocent" it might be more effective? But I don't know if that would be worse. I dunno.

#5
Davepalooza

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I'm really shocked by the outcome of this. Speechless.

Just thankful that Matthew is playing again and making music. The scars emotionally and physically will last a lifetime though.

#6
elisa

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i can't believe this!

#7
Black Dynamite

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I remember this, think I donated some money to help fund his surgery. Was delighted to see that he fully recovered.

No idea how the guy who left him for dead got a verdict of not guilty, doesn't make much sense. Even if the wife didn't testify, he was still left for dead on the side of the road, he hardly beat himself up now did he?

Spoiler
:ninja:

#8
Vesper

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I remember this, think I donated some money to help fund his surgery. Was delighted to see that he fully recovered.

No idea how the guy who left him for dead got a verdict of not guilty, doesn't make much sense. Even if the wife didn't testify, he was still left for dead on the side of the road, he hardly beat himself up now did he?

Spoiler
http://www.greendaycommunity.org/public/...

Was the one with Here I Stand on it?


I mean we don't know the full story but I don't see how it's possible. I wonder if they'll appeal...

#9
Black Dynamite

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Was the one with Here I Stand on it?


I mean we don't know the full story but I don't see how it's possible. I wonder if they'll appeal...


Yeh, that's the one. *goes to listen to it again*

You can say to be thankful that Matthew is still alive but at the same time, this guy is back on the streets, probably still beating up his wife. Prick!

#10
Vesper

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Yeh, that's the one. *goes to listen to it again*

You can say to be thankful that Matthew is still alive but at the same time, this guy is back on the streets, probably still beating up his wife. Prick!


Yeah I liked that album. May fave songs were Now or Never, Stars and Here I Stand. Didn't like Pandora... :P

#11
Trotsky

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Okay, so apparently this guy waived his right to a jury and was tried directly before a judge. But he was tried for attempted murder, which clearly doesn't seem substantiated. So I suppose you should all blame the prosecution for not attempting a lesser charge which might have got a conviction.

#12
Vesper

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Okay, so apparently this guy waived his right to a jury and was tried directly before a judge. But he was tried for attempted murder, which clearly doesn't seem substantiated. So I suppose you should all blame the prosecution for not attempting a lesser charge which might have got a conviction.


But surely even if the accusation was too high he should have been convicted of something? That's the way it works over here...

If someone's accused of stealing something but then it turns out they murdered the shopkeeper too, the judge doesn't go "oh well, the prosecution on filed for theft so therefore..."

#13
Black Dynamite

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Before you go all ape-shit on me, this thread isn't about ML...

Yeah I liked that album. May fave songs were Now or Never, Stars and Here I Stand. Didn't like Pandora... http://www.greendaycommunity.org/public/...


:acute:

Spoiler


#14
Vesper

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http://www.greendaycommunity.org/public/...

Spoiler


Shhh you.

I didn't. Just the line "the way the sweat drips of your chest" put me off.

#15
Trotsky

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But surely even if the accusation was too high he should have been convicted of something? That's the way it works over here...

If someone's accused of stealing something but then it turns out they murdered the shopkeeper too, the judge doesn't go "oh well, the prosecution on filed for theft so therefore..."


Some cases can carry lesser charges too, like how Casey Anthony was still convicted of lying to investigators. But depending on the law that isn't always true. My mom was on an attempted murder jury once that acquitted, she had said how she personally believed the guy was guilty, but the jury had to follow the criteria that was given to them by the judge, so they had to acquit. Similar thing, there were no lesser charges attached, it was an all or nothing situation.

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#16
Black Dynamite

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Shhh you.

I didn't. Just the line "the way the sweat drips of your chest" put me off.


No u

I looked it up and I was actually thinking about the song Adalia not Pandora, Pandora is a catchy chorus though.

Back on topic....

#17
spark in the night

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Attempted murder? Seriously?

Why not domestic violence, or assault, or aggravated assault, or battery, or whatever the fuck those charges are called.

#18
The Snark

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This is bullshit! I saw this on the news last night and can't believe he was tried for attempted murder and not two charges of assault (or whatever would make more sense). That might have actually ended in some kind of punishment. At least he has a record now...

#19
LouLou

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What the hell!? I remember this happening, it was horrible! What's just as horrible is not only that it took two years for this, but that he not guilty! And why was he charged with attempted murder and not assult? That would make so much more sense since that is what he did....What wrong with our justice system? Why are they so afraid to sentence and punish anybody lately?

#20
Trotsky

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This is bullshit! I saw this on the news last night and can't believe he was tried for attempted murder and not two charges of assault (or whatever would make more sense). That might have actually ended in some kind of punishment. At least he has a record now...


A record? Not if you're acquitted. Though he'll likely be convicted or plead guilty to domestic abuse which he still is going to be tried for.

What the hell!? I remember this happening, it was horrible! What's just as horrible is not only that it took two years for this, but that he not guilty! And why was he charged with attempted murder and not assult? That would make so much more sense since that is what he did....What wrong with our justice system? Why are they so afraid to sentence and punish anybody lately?


Charging him with attempted murder is quite the opposite of meekness on the part of the justice system, in fact it is overzealousness.

I would rather a system where a few guilty people go free and the innocent are generally protected, than one that allows no one to escape justice at the price of some innocent people.

#21
icyfire34

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wow i cant believe how the government system let this one go by as "not guilty"! regardless the fact that ML was a bassist, it's still wrong for someone to destroys half of their face including their skull... wth x/

#22
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A record? Not if you're acquitted. Though he'll likely be convicted or plead guilty to domestic abuse which he still is going to be tried for.



Charging him with attempted murder is quite the opposite of meekness on the part of the justice system, in fact it is overzealousness.

I would rather a system where a few guilty people go free and the innocent are generally protected, than one that allows no one to escape justice at the price of some innocent people.

Yes but here you have a case where the dependent is clearly guilty of assaulting another person, but if you charge him with attempted murder, you must prove that he intended to murder his victim, rather than just attacked him. Much harder to do and the chance of letting a person who is 100% guilty go free

#23
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wow i cant believe how the government system let this one go by as "not guilty"! regardless the fact that ML was a bassist, it's still wrong for someone to destroys half of their face including their skull... wth x/


What's being a bassist got to do with it? :P


Surely he could have been charged with GBH?

#24
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Surely he could have been charged with GBH?


I told you, attempted murder charges are exclusive. Some charges you can acquit on the highest charge and convict on lesser ones, but in many states attempted murder is not one of them. The prosecution basically went into this knowing it'd be all or nothing, it's their fault.

#25
colour_me_stupid_

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Yep I agree with John. The prosecution took too much on thinking that they could prove the guy intended to murder. If they had gone for a lesser charge such as assault they could have easily proven the intent for that.



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