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Man Acquitted In Stupid Fake Dynamite Case

102109bombclock.jpg You may recall the sad, stupid saga of (former) maintenance man Robert Lopez, who was arrested in 2007 while sitting on the stoop of his apartment building with some fake sticks of dynamite he found in the trash. Lopez had brought the cartoonish-looking "bomb" home from work with the intention of making a piggy bank out of it, but when a concerned transit worker called the cops, his ridiculous legal nightmare began.

Lopez was indicted for violating a state law that makes "placing a false bomb or hazardous substance" a felony that carries up to four years in prison. His lawyer, Joshua Horowitz, urged Lopez to consider taking a plea deal that would have given him three years' probation, but Lopez refused, telling the Times, "Why should I plead guilty if I haven't done anything?"

Yesterday, the judge agreed, derisively asking prosecutors, "Would you prosecute all the people who sit on their porch with a lighter that looks like a grenade?" Lopez was elated after the verdict, and said, "My mom is going to be happy, my sister is going to be happy, all my family is going to be happy. And the bond guy is going to clap his hands — every time I see him he asks me why I’m still going there."

But the legal battle has been extremely draining for Lopez, who lost his job and has struggled with homelessness since losing his apartment. Oh, and his mother was diagnosed with cancer last week. Still, his spirits were soaring yesterday, and after the ruling Lopez said to Horowitz, "Remember my promise? Now I have to take you to a steak restaurant." The Times reports that Horowitz—who advised Lopez to plead guilty—"did not decline" the offer of steak from his unemployed homeless client with the cancer-ridden mother.

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Comments [rss]

  • potsmoker

    here is a good example of overzealous prosecution,

    because it works and people plead guilty even if the law has already been ruled unconstitutional.

    there is no incentive for the police or the DA to stop these arrests, i dont get it, its not my thing, but i love civil liberties issues.

    http://www.slate.com/id/2233014/

  • potsmoker

    esp one without resources and adequate legal representation..thats why theres the 'get it over with' mentality and some people plead guilty 5 minutes after stepping into a courtroom

  • potsmoker

    he was employed in a brooklyn condo, a condo owner threw it in the garbage disposal chute.

    im sure the DA would not have prosecuted the origanal owner since it could be assumed that a more well off person would have gotten a lawyer and had this dismissed within 4 hours.

    the only reason this lasted two years is because the guy refused to plead in one of those sweetheart dangle a lesser charge slamdunk deals that equal a conviction and no publicity hungry DA is going to give up the chance to score points by putting another minority in community serice or probabtion...



  • dreamking

    This guy went from employed and with an apartment to jobless and homeless as a result of the experience. I don't think he really has a case if he were to sue the city, but all us, daily, see lawsuits with more cynical premise.

  • Next up: Lopez v New York. Any takers on the lawsuit amount?

    1MM? 2MM? 100MM?

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