Just to correct one thing Mike Gaddy says early in this podcast:
As mentioned, Dave Gahary was also sued by plaintiff Leonard Pozner; he was named as a defendant -- and he did settle, but not with 'the government' as Gaddy says, but with the plaintiff, Leonard Pozner -- this was a civil suit, not a criminal case, so the government was not a litigating party (in a criminal case, the government, specifically the DA or prosecuting attorney, is the plaintiff) -- the government only provided the venue, namely a civil court, and a judge to preside over the case.
In retrospect, i.e. considering the later summary judgment and damages assessed against Fetzer, one could say it was wise of Gahary to settle.
2 comments:
Just to correct one thing Mike Gaddy says early in this podcast:
As mentioned, Dave Gahary was also sued by plaintiff Leonard Pozner; he was named as a defendant -- and he did settle, but not with 'the government' as Gaddy says, but with the plaintiff, Leonard Pozner -- this was a civil suit, not a criminal case, so the government was not a litigating party (in a criminal case, the government, specifically the DA or prosecuting attorney, is the plaintiff) -- the government only provided the venue, namely a civil court, and a judge to preside over the case.
In retrospect, i.e. considering the later summary judgment and damages assessed against Fetzer, one could say it was wise of Gahary to settle.
explains why gahary did the spingola show saying pozner was a victim, ;later they tried to kill him anyway and he got more based
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