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  • #46
    Originally posted by Trevor Marriott View Post

    There is no evidence to suggest the situation ever presented itself in the first place. For him to have been taken anywhere he would have to have been first arrested. you cant just drag someone off the street, or from their home, or a hospital and transport them to some place and then subject them to an ID procedure. Such actions would prejudice any future proceedings. Not to mention the direct confrontation ID parade.
    You can drag someone off the street and put them in medical care. This is exactly what was done with Kosminski, by his family !!
    But, we are not talking about an ID parade, it was a case of him being confronted by a witness.

    Comment


    • #47
      Originally posted by Abby Normal View Post

      thanks Jon

      Darryl specifically mentions these possibilities:


      how would any of these places fit with what you say in regards to koz?
      and or what connections would the police or lawende have with any of these places? could lawende have been ill and staying here?[/FONT][/COLOR][/LEFT]
      Hi Abby, my feeling is Kos was sent to a Sailors lodging house or Seamans mission in Whitechapel for ID to give the ID more veracity. In other words Lawende specifically says, according to an internal memo by Swanson that Lawende thought the person he saw in Church passage had the appearance of a Sailor. Kos was probably too far gone to attend a normal ID parade. So if he is confronted by people who were Sailors, at a Sailors home one at a time and then is confronted by Kos who he thinks is his man it would lend the whole ID scenario a certain respectfulness. It would also explain why he didn't know Kos was a Jew to start with.
      The reason I mention the two dwellings - Sailors Home in Well St [now Ensign St], and the nearby Destitute Sailors' Asylum is that they were connected, one built after the other and mainly because Anderson said in his autobiography that the witness was identified after he was in an asylum, [obviously different from Swanson's notes]. I know this is clutching at straws a little but could he have misremembered it as being identified in the Destitute Sailors' Asylum. It wasn't an asylum as such, more a place were homeless Seamen could have a bed for the night but it did bear the name asylum.
      Regards Darryl

      Comment


      • #48
        Also the two places I mentioned were in City territory [Kate's murder was their case so to speak, watched by City police day and night], not far from were Lawende lived, also not far from were Mitre square is so somewhere you would possibly expect someone of the appearance of a Sailor to reside.
        Regards Darryl

        Comment


        • #49
          Originally posted by Jon Guy View Post

          I don`t know the legalities.
          But the doctor must be able to give consent because if it was left to the family, a patient may never be deemed fit enough to stand in a line up.
          But do we know if the doctor refused ?

          A doctor can give his consent for him to be removed but is the person then capabale of being able to then give their own consent. You cant just stick someone on an Id parade

          www.trevormarriott.co.uk

          Comment


          • #50
            Originally posted by Trevor Marriott View Post

            A doctor can give his consent for him to be removed but is the person then capabale of being able to then give their own consent. You cant just stick someone on an Id parade

            www.trevormarriott.co.uk
            Perhaps the answer to Kos being sent for ID is in the quote that he once threatened his sister with a knife. Perhaps the family were worried for their safety and fearing the worst and so one of them gave consent for Kos to be possibly identified.
            Regards Darryl

            Comment


            • #51
              Originally posted by Darryl Kenyon View Post

              Perhaps the answer to Kos being sent for ID is in the quote that he once threatened his sister with a knife. Perhaps the family were worried for their safety and fearing the worst and so one of them gave consent for Kos to be possibly identified.
              Regards Darryl
              Yes, and also for Aaron`s well being if the Ripper. If deemed insane when in custody he goes to Broadmoor for life. If caught in the act he hangs.
              Last edited by Jon Guy; 08-20-2019, 03:56 PM. Reason: slepping

              Comment


              • #52
                Originally posted by Darryl Kenyon View Post

                Perhaps the answer to Kos being sent for ID is in the quote that he once threatened his sister with a knife. Perhaps the family were worried for their safety and fearing the worst and so one of them gave consent for Kos to be possibly identified.
                Regards Darryl
                Darryl

                You need to read and digest my recent posts on this topic

                www.trevormarriott.co.uk

                Comment


                • #53
                  Originally posted by Jon Guy View Post

                  Yes, and also for Aaron`s well being if the Ripper. If deemed insane when in custody he goes to Broadmoor for life. If caught in the act he hangs.
                  Jon

                  You need to read and digest my recent posts on this topic

                  www.trevormarriott.co.uk

                  Comment


                  • #54
                    Originally posted by Trevor Marriott View Post

                    There is no evidence to suggest the situation ever presented itself in the first place. For him to have been taken anywhere he would have to have been first arrested. you cant just drag someone off the street, or from their home, or a hospital and transport them to some place and then subject them to an ID procedure. Such actions would prejudice any future proceedings. Not to mention the direct confrontation ID parade.

                    Here are the guidelines with regard to ID parades from the Victorian Codes of Practice
                    1. It is of the utmost importance that the identification of a person who may be charged with a criminal offence should be conducted in the fairest possible manner. (Direct confrontation is not fair) my words
                    2. With this end in view the following procedure should be observed :
                    (a) The officer in charge of the case against the prisoner, although present, should take no part in the particular proceedings connected with the identification, which should be carried out by the officer on duty in charge of the station or court.
                    (b) The witnesses should not be allowed to see the accused before he is placed with others for the purpose of identification, nor should they be shown photographs of him or verbal or written descriptions.
                    (c) The accused should be placed among a number of persons (not police)—eight or more, of similar age, height, general appearance, and class of life. He should be invited to stand where he pleases among them, and to change his position after each witness has been called in. He should be asked if he has any objection to any of the persons present, or the arrangements made, and, if he wishes, his solicitor or a friend actually in attendance may be allowed to be present.
                    (d) The witnesses should be brought in one by one, and be directed to touch the person they identify. On leaving they should not be allowed to communicate with any other witness in waiting.
                    (e) Every circumstance attending the identification should be carefully noted by the officer carrying it out, and whether the accused be identified or not, care being taken that when a witness fails to identify the fact should be as carefully recorded with name and address as in the contrary case—the object being that no subsequent allegation of unfairness can lie.
                    (f) Any statement made by the person suspected must be recorded at once and read over to the officer in charge of the case in the presence of the prisoner, who should be invited to sign it.
                    www.trevormarriott.co.uk
                    Trevor, how can somebody in a normal ID parade who is probably on the verge of insanity and who was sent with great difficulty [Swanson] and therefore would probably not behave normally not stick out like a sore thumb in the parade? Would other arrangements not be made?
                    Regards Darryl

                    Comment


                    • #55
                      This is from the Crown prosecution site - If the suspect does not consent to the procedure he may in effect be treated as being not available.

                      Guidance for the different types of identification procedures are set out in the Annex A-C of the Code. Cases when the suspect is known but not available

                      The Identification Officer may make arrangements for a video identification or group identification, if this is practicable. If it is not practicable, a confrontation may be used. A confrontation is when the suspect is directly confronted by the eye-witness. A confrontation does not require the suspect’s consent.

                      https://www.cps.gov.uk/legal-guidance/identification

                      Regards Darryl

                      Comment


                      • #56
                        Originally posted by Darryl Kenyon View Post

                        Hi Abby, my feeling is Kos was sent to a Sailors lodging house or Seamans mission in Whitechapel for ID to give the ID more veracity. In other words Lawende specifically says, according to an internal memo by Swanson that Lawende thought the person he saw in Church passage had the appearance of a Sailor. Kos was probably too far gone to attend a normal ID parade. So if he is confronted by people who were Sailors, at a Sailors home one at a time and then is confronted by Kos who he thinks is his man it would lend the whole ID scenario a certain respectfulness. It would also explain why he didn't know Kos was a Jew to start with.
                        The reason I mention the two dwellings - Sailors Home in Well St [now Ensign St], and the nearby Destitute Sailors' Asylum is that they were connected, one built after the other and mainly because Anderson said in his autobiography that the witness was identified after he was in an asylum, [obviously different from Swanson's notes]. I know this is clutching at straws a little but could he have misremembered it as being identified in the Destitute Sailors' Asylum. It wasn't an asylum as such, more a place were homeless Seamen could have a bed for the night but it did bear the name asylum.
                        Regards Darryl
                        thanks DK
                        but what authority could the police have to request of these places to use them for an ID if no one-the police, the witness or the suspect have no connection to the place? I could see if the witness or the suspect was staying there at the time the police could approach the manager/owner and explain the situation and ask for permission to do it. but if no one involved is already there and the police have no official connection there-see what I mean?

                        any chance the witness or suspect may have already been there? any police connection?
                        "Is all that we see or seem
                        but a dream within a dream?"

                        -Edgar Allan Poe


                        "...the man and the peaked cap he is said to have worn
                        quite tallies with the descriptions I got of him."

                        -Frederick G. Abberline

                        Comment


                        • #57
                          Originally posted by Trevor Marriott View Post

                          A doctor can give his consent for him to be removed but is the person then capabale of being able to then give their own consent. You cant just stick someone on an Id parade

                          www.trevormarriott.co.uk
                          Did this have to be a formal ID parade? If Kosminski was raving at that time might not the police have settled for an informal identification to confirm to them that they had the right man? Especially if they expected him to have been incarcerated for a lengthy period and, for all they might have known, indefinitely? Might not an informal ID have been the best that they could do under the circumstances with the expectation of a considerable period of time in which to build a case against him?
                          Regards

                          Herlock






                          "Crime is common. Logic is rare. Therefore it is upon the logic rather than upon the crime that you should dwell.”

                          Comment


                          • #58
                            Originally posted by Darryl Kenyon View Post

                            Trevor, how can somebody in a normal ID parade who is probably on the verge of insanity and who was sent with great difficulty [Swanson] and therefore would probably not behave normally not stick out like a sore thumb in the parade? Would other arrangements not be made?
                            Regards Darryl
                            Any identification from a direct confrontation without any corroboration to support it would get thrown out of court and would probably never ever get that far

                            www.trevormarriott.co.uk

                            Comment


                            • #59
                              Originally posted by Herlock Sholmes View Post

                              Did this have to be a formal ID parade? If Kosminski was raving at that time might not the police have settled for an informal identification to confirm to them that they had the right man? Especially if they expected him to have been incarcerated for a lengthy period and, for all they might have known, indefinitely? Might not an informal ID have been the best that they could do under the circumstances with the expectation of a considerable period of time in which to build a case against him?
                              Well if that had been the case they could have gone public with this positive ID and told the public to fear no more JTR was captured, they didn’t and why didn’t they because it never happened in the way we have been asked to believe all these years !

                              www.trevormarriott.co.uk

                              Comment


                              • #60
                                Originally posted by Abby Normal View Post

                                thanks DK
                                but what authority could the police have to request of these places to use them for an ID if no one-the police, the witness or the suspect have no connection to the place? I could see if the witness or the suspect was staying there at the time the police could approach the manager/owner and explain the situation and ask for permission to do it. but if no one involved is already there and the police have no official connection there-see what I mean?

                                any chance the witness or suspect may have already been there? any police connection?
                                That is a fair point Abby it is something for me to look into.

                                Comment

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