Tag: Chris Christie

Brian Aitken Pardon Decision Pending

In a recent post I discussed the plight of Brian Aitken, a New Jersey resident currently serving seven years in prison. Thing is, it’s not clear that Aitken broke the law.

Radley Balko produced an excellent write-up of Aitken’s case, and Glenn Reynolds put together a video. Aitken’s conviction is the product of (1) New Jersey’s draconian gun laws; (2) a lack of prosecutorial discretion that should have focused resources on real threats to society; and (3) a judge’s refusal to issue jury instructions on the “moving exception” to New Jersey’s gun laws. The same judge dismissed animal cruelty charges against a police officer that had placed his penis in the mouths of five calves. The judge was serving in a temporary capacity and not reappointed by Governor Christie. This is overcriminalization compounded by incompetence.

New Jersey Governor Chris Christie has said that he intends to make a decision on Aitken’s conviction by Christmas. If you’ve got the time, here is a link to information on joining Aitken’s Facebook campaign for a pardon and a phone number to call the Governor Christie’s office and express your support.

Will Governor Christie Pardon Brian Aitken?

Brian Aitken, a finance student at NYU and economic scholar at the Foundation of Economic Education, ran afoul of New Jersey’s draconian gun laws when he was arrested while transporting two handguns unloaded and locked in the trunk of his car.

After separating from his wife in 2008, Aitken moved from Colorado to his native home of New Jersey the end of that year, to be closer to his son.

Shortly thereafter, in January 2009, Aitken – according to one account – “became distraught, muttered something to his mother, and left his parents’ home in Mount Laurel, NJ,” after his ex-wife canceled a visit with their son.

At that point, his mother, who is a trained social worker, called the police out of concern. That’s when things went downhill for Aitken. After the police caught up with him, they determined he wasn’t a threat to his or anyone else’s safety, but proceeded to search his car anyway. Upon finding the guns, police pressed weapons charges against Aitken.

New Jersey law makes it nearly impossible to get a concealed carry license, and you can’t otherwise take a gun out of your home unless it is in connection with several enumerated exceptions. Moving from one residence to another is one of the exceptions. Aitken was in the process of moving; it took police over two hours to remove all of his possessions from the car before they found the two guns in the trunk.

The jury never heard about the moving exception, virtually guaranteeing Brian’s conviction.

Yet Judge Morley wouldn’t allow Aitken to claim the exemption for transporting guns between residences. He wouldn’t even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren’t comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken’s lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either.

Brian Aitken is currently serving seven years in a state prison. Now a website and Facebook page are asking Governor Chris Christie to pardon Aitken.

Gov. Christie has proven a sensible leader and shown political courage in taking on his state’s debt-ridden “Situation.” Here’s hoping that Christie, a former prosecutor, will see that Aitken’s continued imprisonment does nothing to serve the interests of justice.

This Is Sparta!

…Sparta, New Jersey that is. Like their fellow citizens in 54 percent of school districts across the state, the people of Sparta rejected their local district’s proposed budget yesterday. That’s the highest rate of school budget rejections since 1976, according to the New Jersey Star Ledger. Why? Taxpayers are tired of the relentlessly increasing per-pupil cost of public schooling at a time when their own household budgets are under pressure. It helped that popular new governor Chris Christie recommended that voters reject their districts’ budgets unless the teachers unions agreed to a one year salary freeze. [HT: Instapundit]

If this keeps up, voters might just decide to dump the government monopoly approach to schooling in favor of an education system that offers families far more choices while dramatically reducing costs.

Good Policy and Strategy in NJ

Chris Christie, the Republican candidate in New Jersey’s gubernatorial race this year, has some life in him. He’s going to hit incumbent Jon Corzine hard on the education issue and is making urban education reform and private school choice a central part of his platform.

Some highlights on Christie from the NYT:

He’s white, he’s conservative, and his support is strongest in New Jersey’s suburbs, where the public schools include some of the nation’s best.

Yet Christopher J. Christie, the Republican candidate for governor, is hunting for votes in cities like Newark, Camden and Trenton, where Democrats routinely pile up big margins, but where black and Hispanic parents are increasingly running out of patience with the public schools, among the nation’s worst…

But what could emerge as the sleeper issue is Mr. Christie’s push for education reform: merit pay for teachers, more charter schools, and above all, [education tax credits] as a way to give poor and minority children better educational choices and create competition that would improve the public schools…

Mr. Christie said that he did not expect to carry any heavily Democratic cities. But he is gambling that school choice has become popular enough among urban blacks and Latinos that he can cut into their support for Mr. Corzine, who opposes it.

Just a note: The article talks primarily about “vouchers,” but the private school choice plan being pushed there is a donation tax credit program. Reporters have difficulty with the distinction.