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Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Flyer “Processed” (Arrested?) in NM After Declining to Show ID

Old Jun 10, 2010, 2:26 pm
  #706  
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Originally Posted by Boggie Dog
Perhaps I'm not smart enough but I don't see how someone being removed from the witness list would cause a judge to recuse themself.
Not a matter of smarts as such; rather a paucity of information from which to draw conclusions.

I would truly hope the judge would be impartial and just apply the law.
Recusal is an application of the law, and I would think jurists recognize when it's necessary to remove oneself from the bench based on the appearance of impartiality.

Last edited by essxjay; Jun 10, 2010 at 2:34 pm
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Old Jun 10, 2010, 4:16 pm
  #707  
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Originally Posted by pmocek
To Ari and others who have asked for more information: I don't have anything else to report at this time.
In other words, we'd have to go to the courthouse ourselves to get those public records, yet you did give us the FOIA requests you put in without each of us having to put in our own request . . . hmmmm.
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Old Jun 10, 2010, 4:33 pm
  #708  
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Originally Posted by Ari
In other words, we'd have to go to the courthouse ourselves to get those public records, yet you did give us the FOIA requests you put in without each of us having to put in our own request . . . hmmmm.
I suspect that the fact that the judge recused himself, and the reason he gave, are public records; while the details of the witness list are not (though it does have to be provided to the defense).
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Old Jun 10, 2010, 4:55 pm
  #709  
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Originally Posted by sethb
I suspect that the fact that the judge recused himself, and the reason he gave, are public records; while the details of the witness list are not (though it does have to be provided to the defense).
That may be true-- I wonder if the order of recusal goes into any detail . . .

We DO appreciate the update, as some here are intent in seeing the trial (myself not among them) and it is importnat to know when it is delayed.
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Old Jun 11, 2010, 12:11 am
  #710  
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Originally Posted by essxjay
I don't think anyone thought otherwise. We appreciate the update. ^
Let me know if you hear any more update from pmocek to have reschedules new trials date.
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Old Jun 11, 2010, 7:45 am
  #711  
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Originally Posted by essxjay
Not a matter of smarts as such; rather a paucity of information from which to draw conclusions.

Recusal is an application of the law, and I would think jurists recognize when it's necessary to remove oneself from the bench based on the appearance of impartiality.
I understand the basic concept of recusal.

I was speculating if an addition to the witness list was being made in an effort to have a less lenient judge seated to benefit the state.
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Old Jun 11, 2010, 8:52 am
  #712  
 
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Originally Posted by Boggie Dog
I was speculating if an addition to the witness list was being made in an effort to have a less lenient judge seated to benefit the state.
Another possibility is making an addition to the witness list to force the judge to step aside and delay the trial, resulting in hassle/inconvenience for the defendant and possibly (in their mind) inducing him to take a plea deal. It's very possible that Phil will now have to eat a change fee on a nonrefundable plane ticket to attend the trial, etc.

In my (very limited) small claims experience, the defendant requested a continuance at the last possible minute for no apparent reason other than to cause me hassle.

Such delays seem to be an effective way to discourage out-of-state parties or parties with tight schedules from using the court system. It was well understood when I left my college town that the landlords would screw tentants re: deposits, etc. more if the former tenant had (graduated and) moved away than if they stayed local, because the remote tenant would have a much harder time fighting the landlord. I experienced this myself, moving out of apartments managed by the same company twice. Only on the last move-out, when I was moving 1000+ miles, did they screw me. But they and I both knew that they could make it very expensive for me to go after them in small claims court by using last-minute continuances to delay the hearing. (plus, the amount in dispute wasn't worth even the price of even 1 nonrefundable plane ticket)
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Old Jun 11, 2010, 9:04 am
  #713  
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Originally Posted by studentff
Another possibility is making an addition to the witness list to force the judge to step aside and delay the trial, resulting in hassle/inconvenience for the defendant and possibly (in their mind) inducing him to take a plea deal. It's very possible that Phil will now have to eat a change fee on a nonrefundable plane ticket to attend the trial, etc.

In my (very limited) small claims experience, the defendant requested a continuance at the last possible minute for no apparent reason other than to cause me hassle.

Such delays seem to be an effective way to discourage out-of-state parties or parties with tight schedules from using the court system. It was well understood when I left my college town that the landlords would screw tentants re: deposits, etc. more if the former tenant had (graduated and) moved away than if they stayed local, because the remote tenant would have a much harder time fighting the landlord. I experienced this myself, moving out of apartments managed by the same company twice. Only on the last move-out, when I was moving 1000+ miles, did they screw me. But they and I both knew that they could make it very expensive for me to go after them in small claims court by using last-minute continuances to delay the hearing. (plus, the amount in dispute wasn't worth even the price of even 1 nonrefundable plane ticket)
Whatever the reason I hope Phil can stay the course.

I also hope that Phils witness list has all TSA employees that took part in this on the hook.

Seems if they say Phil was being loud and unruly and evidence suggest otherwise then they should be held accountable for false complaints.
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Old Jun 24, 2010, 12:01 am
  #714  
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The events/hearings list has been updated:

Code:
Event Date	Time	Event Type	Judge	Status	Note
07/14/2010	9:00	Jury Trial 	2-Kevin L Fitzwater 	Not Docktd	..
06/14/2010	9:30	Jury Trial 	4-Julie N Altwies 	Continued 	..
06/07/2010	16:51	Judge Removed 	4-Julie N Altwies 	Jdg Reasgn	..
06/07/2010	11:11	Recusal Recvd 	4-Julie N Altwies 	Recusal 	..
06/07/2010	11:11	Order 	4-Julie N Altwies 	Docketed 	Set For Trial
06/07/2010	11:11	Motion Continue	4-Julie N Altwies 	Docketed 	Set For Trial
05/10/2010	9:30	Jury Trial 	4-Julie N Altwies 	Continued 	..
04/20/2010	11:11	Motion Continue	4-Julie N Altwies 	Docketed 	Set For Trial
04/19/2010	15:37	Entry Appearnce	4-Julie N Altwies 	Ent Of App	..
02/05/2010	14:00	Criminal Trial 	4-Julie N Altwies 	Continued 	..
02/01/2010	11:11	Motion Continue	4-Julie N Altwies 	Docketed 	Set For Trial
01/29/2010	15:34	Entry Appearnce	4-Julie N Altwies 	Ent Of App	..
11/16/2009	9:30	Custody Arrain.	8-Judith K Nakamura 	Docketed 	Set For Trial
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Old Jun 24, 2010, 1:29 am
  #715  
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Let me know if you hear anything more news from Phil to get new trials to be set. I haven't figure it out the situations going on with him. I wasn't aware of him that he will eventually to drop all his charges against him.
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Old Jun 24, 2010, 4:41 am
  #716  
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Interesting Judge:

http://www.nmjpec.org/eval?judge_id=...006&language=0

http://www.abqtrib.com/news/2006/oct...n-l-fitzwater/
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Old Jun 24, 2010, 5:44 am
  #717  
 
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I know that my GF has her preferences in Judges when she goes to court. Looks like Phil could do a lot worse. I hope Phil stays calm, listens to his attorney's briefing and follows the advice, and keeps his answers brief and to the point. My GF's Family Law clients seldom do....
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Old Jun 28, 2010, 9:41 pm
  #718  
 
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almost certainly no trial in July

It's highly unlikely that I will be tried before August. Date TBA.
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Old Jun 28, 2010, 9:59 pm
  #719  
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Originally Posted by pmocek
It's highly unlikely that I will be tried before August. Date TBA.
Thanks for the update, Phil. Please keep us informed, and good luck!
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Old Jun 28, 2010, 10:19 pm
  #720  
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Originally Posted by pmocek
It's highly unlikely that I will be tried before August. Date TBA.
Why the trials schedules has been changes? So I didn't notify it yet. Let me know if you have any change new trials date to be set.
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