So Brandon Piekarsky and Derrick Donchak, who beat and kicked Luis Ramirez to death, are seeking dismissal of federal charges. And just in case they don’t get their way, they’re also requesting that proof of their racism not be allowed in court:
They asked Caputo to bar evidence of a March 20, 2008, incident in which Donchak allegedly used racial slurs and used a metal object to hit a car driven by a Hispanic man. They alleged that is improper use of a prior bad act and that it would be unfairly prejudicial, especially since Donchak was never charged with a crime and Piekarsky was not present.
They also asked Caputo to bar, or limit, evidence of racist expressions by Piekarsky and song lyrics played by Donchak, saying they are prejudicial and inadmissible prior acts unrelated to the Ramirez case.
It’s okay to repeatedly point out how one was an altar boy and one was an honor student, though. Because everybody knows that religious people couldn’t possibly be capable of evil deeds. And good students likewise. They can’t be racist either.
The power privilege wields in the court is formidable. Donchak received bail despite himself:
Prosecutors on Tuesday told the judge that Donchak, even behind bars, hasn’t followed rules. Since being jailed, he has racked up three infractions for violating prison rules, including the possession of contraband, prosecutors said. He recently served 70 days in solitary confinement as punishment.
And yet Judge Caputo still granted him bail.