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Thread: Ibrahim Muhammed and Nalik Sharif Scott Sentenced to LWOP for 2011 PA Triple Murder

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    Ibrahim Muhammed and Nalik Sharif Scott Sentenced to LWOP for 2011 PA Triple Murder






    December 7, 2016

    Witnesses describe bloody triple killing at West Philly grocery

    By Aubrey Whelan
    philly.com

    Jessica Nunez was screaming on the sidewalk.

    The plainclothes cop who was the first to respond to a report of a "person shot" at 50th and Parrish Streets saw the hysterical teenager and knew something terrible had happened.

    Detective Matthew Carey ran into tiny Lorena's Grocery, gun drawn, he told a courtroom Tuesday. Near the front of the store, he found Porfirio Nunez, Jessica's father, lying motionless. There was a trail of blood leading to the back of the store.

    On the floor near the deli counter, he found Lina Sanchez, Jessica's aunt, and Juana Nunez, Jessica's mother, blood pooling around them. One of the women, Carey said - "I'll never forget this" - had wedged herself into a small space between the lunchmeat counter and the refrigerator, as if in a last, desperate try to escape her attackers.

    All three had been shot dead, Jessica and her sister Laura would later tell police, by a pair of robbers who made off with a few hundred dollars in cash, and in the process destroyed a family.

    On Tuesday, more than five years after the murders took place, a jury heard opening arguments in the case of Ibrahim Muhammed and Nalik Scott, who face the death penalty if convicted of the killings.

    Prosecutors say dogged police work and sharp-eyed investigators led them to Muhammed, who confessed after he was arrested in February 2012, several months after the murders, on an unrelated drug charge.

    "He told [detectives] things only the killer would know," prosecutor Kirk Handrich said.

    Defense attorneys Larry Krasner and Jack McMahon contend that their clients are innocent and that the case against them is based on mistaken identity, faulty identifications, and a false confession - taken while Muhammed, who is schizophrenic, was off his medication.

    Krasner called the case "a bottomless well of misery, pain, suffering, and trauma." But he said there was "only one thing worse" than what the Nunez sisters went through - "and that's convicting innocent men and letting the killer go free."

    The Nunez sisters, who prosecutors said looked their parents' killers in the eye during the rampage in the store, are set to testify this week.

    "There are some things a robber cannot take and a killer cannot snuff out," Handrich said. "They cannot take away the courage to face the people who took away their family."

    Jessica Nunez, Handrick said, spent the months after the murders working at a number of bodegas in the neighborhood, hoping her parents' killers would turn up.

    Once, a man walked into one of the bodegas who looked so like the gunman that Jessica, who had been working the cash register, fainted. This was an example of her commitment to finding justice, Handrich suggested.

    Krasner countered that the man Jessica Nunez encountered in the bodega - who was caught on video and identified by police as a member of a local crime ring - could be the real killer, and that investigators had dropped that lead after Muhammed confessed.

    "This is a case of misidentification," said McMahon, who is representing Scott. "I don't doubt [the Nunez sisters'] belief. I doubt their accuracy."

    The sisters' initial descriptions of the murderers did not match their clients, Krasner and McMahon said.

    That afternoon, the girls' family members sobbed quietly during a crime-scene investigator's testimony. Prosecutors showed photos of the bodega's bloodstained floors and bullets lodged in the walls. One bullet was found in a block of cheese, and crime-scene investigators picked nine spent shell casings from the floors.

    Porfirio Nunez, who emigrated from the Dominican Republic 20 years ago, had bought the bodega and worked hard to bring his family members to Philadelphia, prosecutors said. He taped family photos to the front counter and had been planning to celebrate his birthday with his daughters the night he was killed.

    "Instead, these young girls walked out of that store orphans," Handrich said. "The weight of the world was dropped on them in just a couple minutes."

    The trial is set to continue Wednesday. Prosecutors say they expect to rest their case sometime Thursday.

    http://www.philly.com/philly/news/20...y_grocery.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Defense in triple slaying trial hammers at witness credibility

    By Mensah M. Dean
    philly.com

    Defense lawyers for two men on trial in the 2011 gunshot slayings of three people during a robbery of a West Philadelphia bodega tried to plant reasonable doubt in the minds of jurors Wednesday about their clients' guilt by challenging witnesses' recollections.

    The witnesses testified about two bodega robberies that preceded the triple slayings on Sept. 6, 2011, and which prosecutors contend link Ibrahim Muhammed and Nalik Scott to the shooting deaths of Porfirio Nunez, 50; his wife, Juana, 44; and his sister Lina Sanchez, 48.

    Muhammed and Scott face the death penalty if convicted of three counts of first-degree murder.

    Despite Muhammed's confession to the slayings, he and Scott have pleaded not guilty, and their attorneys are mounting an aggressive defense arguing that they are victims of mistaken identity, and that the confession is false and the result of Muhammed's schizophrenia.

    Gregorio Ortega testified about being shot in July 2011 during a robbery of a bodega on North Gratz Street in North Philadelphia where he worked, and about who shot him. He positively identified Muhammed in court, as he did during a preliminary hearing last year.

    But defense attorneys - Lawrence Krasner for Muhammed, and Jack McMahon for Scott - grilled Ortega about changing his story over the years.

    They noted that in March 2012 he identified Scott from a police photo array as his shooter, while in August 2015, he pointed to the pictures of three men not connected to the shooting and ruled out Muhammed.

    "I don't have any idea of this guy. He doesn't look like anyone," Ortega told police, referring to Muhammed.

    Ortega, aided by a Spanish-language interpreter, repeatedly became upset with the defense attorneys and snapped, "When someone is pointing a gun at your head, you can't remember."

    Jessica Greenleaf testified about seeing three men in low-pulled baseball caps flee a bodega on Reedland Street in West Philadelphia in August 2011. After entering the store she quickly learned the three had pulled a robbery and locked the owner in the basement.

    Despite circling Scott's picture and initialing it during the police investigation, Greenleaf testified that she could not identify the three men she saw fleeing after the robbery.

    When Anthony Voci, a Muhammed attorney, asked whether she felt pressured by the police to make an identification, Greenleaf replied, "Yes."

    Defense testimony is scheduled to continue Thursday.

    http://www.philly.com/philly/news/20...edibility.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Neuropsychologist: Defendant in trial has 'serious brain dysfunction'

    By Aubrey Whelan
    philly.com

    Defense attorneys in the trial of Ibrahim Muhammed and Nalik Scott - accused of killing three people in a bodega robbery in 2011 - called a clinical neuropsychologist to the stand Friday, who testified that Muhammed has an IQ of 82 and "very serious brain dysfunction."

    Muhammed was arrested in the deaths in 2012, after giving a confession to homicide detectives. Police said Muhammed told them that he and Scott planned to rob Lorena's Grocery in West Philadelphia in September 2011, and killed owner Porfirio Nunez, 50; his wife, Juana, 44; and his sister Lina Sánchez, 48, in the process.

    Muhammed's defense team has countered that the confession was false and was taken while he was suffering from unmedicated schizophrenia.

    Carol Armstrong, a University of Pennsylvania professor who directed the neuropsychology lab at Children's Hospital of Philadelphia, said she examined Muhammed and concluded that he had impairments in visual memory - "important for learning from social experiences, and remembering where you were."

    Muhammed also has issues with verbal comprehension and reasoning, Armstrong testified. She said his father also suffered from schizophrenia and that his family members had a host of psychological issues.

    Defense attorney Larry Krasner asked whether Muhammed's condition would have allowed him to negotiate, make deals, or "do business in an adversarial context."

    "I don't think he could and represent himself well," Armstrong said.

    Later, when prosecutor Kirk Handrich asked if someone with Muhammed's condition could confess to a crime, Armstrong said she had answered Krasner's question hypothetically.

    In cross-examination, Handrich argued that court-ordered psychologists found Muhammed competent for legal proceedings a month after his arrest and had never declared him mentally incompetent to stand trial.

    Handrich asked whether what they described as Muhammed's extensive drug use - of Xanax, Percocet, and marijuana - and withdrawal from those drugs could explain his symptoms of psychosis.

    "Going off [those drugs] does not cause psychosis," Armstrong replied.

    Defense attorneys also called a witness to a similar bodega robbery in August 2011 at 62nd and Reedland Streets - which police said was connected to the Lorena's Grocery killings. Video from the Reedland Street robbery led a detective to conclude

    Muhammed was the man in the video - and subsequently sent him to the homicide unit, where he confessed to the killings and the Reedland robbery.

    Amny Rodriguez, who was working in the Reedland bodega when it was robbed, said on the stand that she could not identify the man who had held a gun to her head, though she had described him to police in a statement taken after the robbery.

    She said she had taken her description of the men from security video she had viewed of the robbery. And though she had originally told police that she had seen one of the robbers before, she said on the stand that she had not.

    Muhammed's sister also testified briefly, identifying family photos that she said showed Muhammed in October 2011 with a full beard. For the last two weeks in testimony, the defense has emphasized an eyewitness account of the murder that described the assailant alleged to be Muhammed as clean-shaven.

    http://www.philly.com/philly/news/20...ion_quot_.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Defense rests in triple killing trial

    By Aubrey Whelan
    philly.com

    After a week of testimony aimed at bolstering a mistaken-identity defense, attorneys for Ibrahim Muhammed and Nalik Scott - accused in a 2011 triple killing - rested their case Monday afternoon.

    They called to the stand again a Philadelphia police detective who last week testified for the prosecution about the investigation that led to Muhammed's arrest.

    Police have said they connected two earlier armed bodega robberies to the Sept. 6, 2011, robbery at the Lorena Grocery in West Philadelphia, during which Porfirio Nunez, 50; his wife, Juana, 44; and his sister Lina Sanchez, 48, were killed.

    Detective Joe Murray previously testified that he had watched a video of one of the earlier robberies - at 62nd and Reedland Streets in August 2011 - several hundred times, hoping to identify the men in the video. Police believed that those robbers had also committed the Lorena killings.

    Murray said that in February 2012, Muhammed was brought to the Southwest Detective Division on an unrelated drug charge and that he recognized him from the video, by his nose, and by a watch he was wearing.

    On Monday, when Murray returned to the stand, defense attorneys challenged him on a fingerprint found in the store - that of another man, Andre Tucker, who is bald and has a missing front tooth.

    Witnesses in the other bodega robbery believed to be connected to the Lorena killings described one of the gunman as having a gap in his teeth. On Friday, defense attorneys played a grainy video of the Reedland robbers that appeared to show one of the gunmen with a bald head.

    "But you never went to talk to [Tucker] - no one from the Police DEpartment, in five years, did," Muhammed's defense attorney, Larry Krasner, said.

    Murray said on the stand that he had called Tucker's employer, who said that Tucker had been at work on the day of the robbery, although he had not made a report of the call.

    And, he said, Tucker wasn't a suspect to begin with. The print found at the Reedland robbery was a left handprint lifted from the store's glass deli case, he said. In the surveillance video, Murray said, the gunman he later recognized as Muhammed only touched the deli case with his right hand.

    Later, Krasner played a clip from the robbery that showed the gunman placing his left hand on shelves on top of the deli counter - and suggested that the camera didn't show an area of the case where the man could have placed his hand.

    Defense attorneys also called to the stand one of Muhammed's neighbors, who was captured on video trying to enter the Reedland bodega during the robbery. She said she was turned away at the door by one of the robbers, so walked back down the block, where, she said, Muhammed was sweeping the street.

    "I know for sure he wasn't there [in the bodega]," she said. On cross-examination, prosecutor Carlos Vega questioned why the woman had not spoken to police at the time of the robbery, and why she had not come forward when Muhammed was charged with a triple murder.

    "I didn't know he was charged with [the Reedland robbery] - had I known, I would have come forward from day one," the woman said.

    Closing arguments are expected to begin by Wednesday.

    Judge Glenn Bronson also addressed a matter raised Friday afternoon after the jury was dismissed for the day. Prosecutors said that they found a photo of the courtroom posted on Scott's Facebook page, and that they had jailhouse recordings of Scott's giving his Facebook password to his mother. Bronson had threatened a six-month jail term for whoever took the photo.

    Defense attorney Jack McMahon told Bronson Monday that he had asked Scott to send him photos of himself taken around the time of the murders, and that Scott had given his mother his Facebook password so she could retrieve them from his account.

    He said the photo was shot from the courtroom benches, depicting Scott, McMahon, and a law clerk in the background. "Trial starts tomorrow. Supporting my bro. It's in the hands of Allah," McMahon said the caption read. It's unclear who took the photo, or how many people had Scott's password, he said.

    http://www.philly.com/philly/news/20...ing_trial.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Defense in triple-homicide trial makes its case for mistaken identities

    By Aubrey Whelan
    philly.com

    Defense lawyer Jack McMahon turned to a Philadelphia jury Tuesday afternoon and told them to set aside their emotions.

    The case before them, he acknowledged, was a horrific one: the triple killing of Porfirio Nunez, his wife Juana "Carmen" Nunez, and his sister Lina Sanchez, in their family bodega in West Philadelphia. All three were gunned down by the men who held up Lorena Grocery on Sept. 6, 2011.

    And a week ago, the jury had listened to wrenching testimony from Jessica Nunez, the couple's daughter, who had seen the slayings and tearfully, adamantly identified the defendants, Ibrahim Muhammed and Nalik Scott, from the stand.

    But the men's defense lawyers have contended from the beginning of this two-week trial before Philadelphia Common Pleas Court Judge Glenn Bronson that the identifications were mistaken, shaped by stress and fear.

    And they hammered that point Tuesday in closing arguments, touching on everything from discrepancies in witnesses' descriptions of the suspects to gaps in police paperwork on the case to video footage that, they said, proved authorities had the wrong men.

    "We have this innate desire to soften the pain for the Nunezes," McMahon said. "But giving into that innate desire would simply be another tragedy."

    McMahon, who is representing Scott, and Larry Krasner, representing Muhammed, have contended that police didn't follow other leads on the case after Muhammed confessed - a confession they say is false.

    In an unusual move, the defense has used evidence and eyewitness testimony from two bodega robberies that police say are connected to the Nunez killings, to argue that their clients never committed those robberies - and thus could not have killed the Nunezes.

    Prosecutors say it was dogged investigation of those robberies that eventually led them to Muhammed. He was sent to homicide detectives after Detective Joe Murray of Southwest Detectives said he recognized him from a video taken from one of the robberies.

    Defense lawyers have argued, in days of testimony, that Muhammed wasn't the man in that video, isolating screen shots of the man's facial features.

    On Tuesday, Krasner said detectives investigating those robberies should have better followed up on fingerprint evidence, and criticized Murray for testifying at an earlier hearing that he had recognized Muhammed by "his Osama bin Laden nose."

    And both defense lawyers highlighted two alibi witnesses who came forward last week and testified that Muhammed was with them at the time of one of the related robberies.

    In his own closing argument, McMahon argued that Detective Thomas Gaul took a confession from Muhammed while he was off his medication for schizophrenia and highly suggestible. And Scott, he has said, became a suspect only after Muhammed confessed.

    McMahon said police had not followed up on a man whom Jessica Nunez spotted in a bodega where she was working some months after the slayings; the man, she said on the stand, looked so much like one of the killers that she fainted. But police paperwork at the time stated she had identified the man as the killer himself - though Gaul has said that was a mistake.

    "Words have meaning," McMahon said Tuesday. "It's revisionist history."

    He said police gave up on the lead after Muhammed confessed.

    Earlier in the case, a prosecution witness who saw the killers cross the street just before the slayings testified that he had come forward only because he didn't want to be suspected in the case himself.

    "Mistaken identity happens all the time," he had said under cross-examination. "This is Philly."

    The line was a touchstone for McMahon and Krasner on Tuesday afternoon. "Don't let it happen here," McMahon told the jury.

    Prosecutors are to begin their closing arguments Wednesday.

    http://www.philly.com/philly/news/20...dentities.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Guilty verdicts in West Philly triple murder trial

    By Aubrey Whelan
    philly.com

    The trial lasted nearly three weeks.

    The jury took an hour and a half.

    On Wednesday afternoon, at the end of a contentious trial, five men and seven women convicted Ibrahim Muhammed and Nalik Scott in the 2011 triple murder of a West Philadelphia bodega owner and his wife and sister.

    The men were found guilty on all charges: three counts of first-degree murder, conspiracy, robbery and firearms offenses. They now face the death penalty; sentencing hearings will begin Thursday.

    In his closing argument Wednesday morning, Assistant District Attorney Carlos Vega returned to the testimony at the heart of the prosecution's case: the words of Jessica Nunez and her sister Laura, who were working in the family's bodega when their parents, Porfirio and Juana Nunez, and aunt Lina Sanchez were killed on Sept. 6, 2011.

    "They took my family," Jessica Nunez had testified, identifying Muhammed and Scott as the gunmen who burst into the Lorena Grocery at 52nd and Parrish Streets. "In less than two minutes, I didn't have a family."

    In court Wednesday, she waited with her surviving relatives for the verdict.

    "I almost passed out the first time I heard, 'Guilty,' " she said afterward.

    Defense attorneys for Muhammed and Scott had argued that police, eager to make a break in the case, had arrested the wrong men - and that the Nunez sisters' identifications of them were mistaken, fueled by stress and fear.

    Vega told the jury that the defendants' faces were "singed" into the sisters' minds.

    "Have the courage those little girls had to stand up and say, 'You're guilty, and you're not going to get away with it,' " he told the panel.

    He read to the jury Muhammed's confession - which the defense had argued was false, taken from him while he was off his medication for schizophrenia.

    Vega countered that Muhammed functioned normally in society and had "wheeled and dealed" with detectives, trying to minimize his culpability.

    The defense's case hinged, unusually, on two other bodega robberies that police had connected to the murders at Lorena. Over a 21/2-week trial, they argued that witness descriptions and video footage from all three robberies did not match their clients.

    They offered two men as alternate suspects, including one whose fingerprint had been found at the scene of one of the earlier robberies.

    On Wednesday, Vega argued that the defense did not present enough evidence on those men, and suggested that witnesses to the other robberies had been intimidated. He called the Nunez sisters' identifications unshakable. "She is seeing death before her," Vega said. "It's that face she can't forget."

    The defense moved for a mistrial at the end of the closing argument, arguing that Vega had appealed heavily to the jury's sympathy and tried to shift the burden of proof to the defense.

    Common Pleas Court Judge Glenn Bronson denied the request, saying Vega had employed the same "oratorical flair" the defense had in its closings Tuesday.

    Then the jury began deliberations. The hallway filled with family members of the defendants and victims alike. They waited for about 90 minutes until the jury returned to the courtroom.

    As the forewoman read the verdict, the victims' friends and family closed their eyes and sighed. Next to them in the courtroom, the families of Muhammed and Scott sobbed. In the courthouse hallway, Scott's mother collapsed, screaming.

    "I just want to hold my son," she cried.

    Defense attorneys Jack McMahon, who represented Scott, and Larry Krasner, who represented Muhammed, said that their clients are innocent and that they were shocked by the verdicts.

    They said they were surprised by how quickly the jury returned and by the fact that during deliberation, jurors did not ask to see any of the evidence presented during trial.

    "I've heard 'guilty' many times - every trial lawyer has. But I'm taking it a little bit harder, because I truly believe Nalik Scott is an innocent man," McMahon said. "We lost to overwhelming emotion. As soon as those girls testified, [the jury's] minds were made up."

    Vega said he was "very happy and very relieved" by the verdict.

    "I've been with these girls since 2012," he said of the Nunez sisters. "I've watched them grow up. I'm so happy that finally they got to tell their story."

    In the months after the murders, more than five years ago, Jessica Nunez had promised her family she would find the killers - and returned to work at the bodega, hoping to spot the gunmen.

    "All I felt then was anger. All I kept seeing was the three bodies on the floor," she said. "Today, I felt only peace."

    http://www.philly.com/philly/news/20...der_trial.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Senior Member CnCP Legend Mike's Avatar
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    Convicted killers get life in bodega murders

    The Philadelphia jury that earlier this week convicted two men in a triple killing deadlocked Friday afternoon over whether to sentence the pair to death.

    "The jury is hung," they told Common Pleas Court Glenn Bronson in a note, "and there is no end in sight."

    As required by law, Bronson dismissed the jury and sentenced Ibrahim Muhammed and Nalik Scott to three consecutive terms of life in prison without parole.

    The men were found guilty of killing Porfirio Nunez, 50, his wife Juana Nunez, 44, and his sister Lina Sanchez, 48, during a robbery of their family bodega in 2011. The killings took place in front of the Nunezes' teenaged daughters, who were working the cash register at the time and identified Muhammed and Scott from the witness stand during the trial.

    Bronson sentenced both men to an additional 50 to 100 years in prison on robbery and conspiracy charges.

    "It's an unspeakable, incomprehensible crime," Bronson said. "I've been doing this a long time, and it's hard to imagine a more terrible crime. These three people's lives were taken in an outrageous manner, a manner I am completely incapable of understanding."

    http://www.philly.com/philly/news/20...a_murders.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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