Accused Captain Gives Up License

When you hear hoofbeats think horses not zebras.

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Could be either if you canā€™t see it. In this case, the silence is defeaning which sparks an inquisitive mind to ponder.

I mean, the whole point of that saying is that you canā€™t see it. But sure maybe the mob is after him and now heā€™s working at a Cinnabon in South Dakota.

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Iā€™d never heard that saying. Whether itā€™s a horse or a zebra, I donā€™t think it can stand much more of this beating.

So he apparently raped the daughter of a mobster?

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Either that or he worked with one of the most notorious drug dealers in Albuquerque.

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Iā€™ve seen it quoted multiple times as advice to young doctors when diagnosing. But as you say, sometimes it is a zebra.

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Horses, not zebras:

ā€œattributed to Dr. Theodore Woodward of the University of Maryland School of Medicine in the 1940sā€

Schauer, Frederick. The Proof (p. 15). Harvard University Press. Kindle Edition.

Schauer devotes a whole chapter to the remark and its implications.

Cheers,

Earl

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So does the idea of making several full stops far off at sea to transfer tonnes of cocaine from feeder vessels using deck cranes. The crew had to be either participating or complicit, mates and master included.

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That is far more believable than witness protection or running from a cartel

MERRONE v. STATE

John Merrone was arrested and charged with false imprisonment, sexual battery and aggravated battery. Following a jury trial, he was found guilty of false imprisonment and two counts of simple battery, and sentences were imposed. Merrone appeals his convictions and sentences.

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This sounds like a predictable slimy Key West waterfront alcohol or drug fueled misadventure gone bad.

Did Merrone rape her? Maybe. Maybe even probably.

Beyond a reasonable doubt? Thatā€™s a much closer call.

The fact is: Merroneā€™s conviction was REVERSED.

Therefore, he is Not a convicted rapist.

Furthermore, the District Attorney declined to retry the case. (Apparently, the DA thought it was a weak case unlikely to result in a conviction).

The DOJ declined to prosecute Merroneā€™s second ALLEGED rape. Why? (It most likely was a very weak case).

Itā€™s too easy to jump to conclusions. We need to be careful about just assuming that Merroneā€™s guilt without proof.

Of course, he may well be a rapist. But no authority has proven it. We just donā€™t know!

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Voluntarily giving up his license, makes him look guilty.

Maybe so.

I suspect that he and his lawyers know that the USCG has a much lower preponderance of the evidence (not reasonable doubt) burden of proof in a civil license suspension action. It will be very difficult to put on a good defense when he has to take the 5th to most questions to avoid saying anything that might trigger a criminal prosecution.

The USCG is under public pressure to do something about SASH in the US flag commercial fleet. They may not be able to prove rape, but if they look at him with a fine tooth comb, they will be able to find something to justify a license suspension, and spin that as a big success.

License suspensions are for a specific amount of time. Usually a few months. By surrendering his license now, he chose when his license suspension will start, while there is the most bad publicity.

Itā€™s also possible that his license could be ā€œpermanentlyā€ revoked.

Hasnā€™t the USCG already proven that they have successfully done something about sash with the license surrender?

But who knows the precise negotiated terms of this license surrender?

Who thinks this guy will have his license back, and possibly be sailing again in a few years?

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Particularly when in a civil proceeding, unlike criminal proceedings, an adverse inference can be made from taking the fifth.

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He will be able to reapply in 3 years. Unless he is criminally prosecuted and convicted, the USCG will not have any legal basis to deny his application.

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Mystery solved. My posts were meant for the MSC Gayane thread.

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Ballarotto overturns conviction on appeal

The appeal court erased Merroneā€™s 2011 convictions on a count of felony false imprisonment and two counts of misdemeanor battery. At his trial, he was acquitted of the more serious aggravated battery and sexual battery charges lodged against him.
He has already served two years in jail. Merrone probably wonā€™t be able to receive any compensation from the state for his incarceration, said his attorney, Jerry Ballarotto, of Trenton, N.J.

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Innocent until ā€¦ but I agree giving up his license, makes him look guilty.