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

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Jul 14, 2010, 10:45 am

#736

sethb

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Quote:

Originally Posted by bdschobel

Lawsuit? Sure. Good cause? No way. Employers can't get bank records just by stating a good reason. Absent the employee's consent, the employer would need a court order.

There are any number of jobs where the employee would either consent or not get hired.

Sep 1, 2010, 12:29 am

#737

serfty

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From an update to the events/hearings list it seems something may happen on September 8th:

Quote:

09/08/2010 9:00 Jury Trial 2-Kevin L Fitzwater Not Docktd

Sep 1, 2010, 8:16 pm

#738

N830MH

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Quote:

Originally Posted by serfty

From an update to the events/hearings list it seems something may happen on September 8th:

The trials is coming up next week, am I correct? Lets find out who will decide to who found not guilty or guilty as charges against Mr. pmocek. If he will be there at the court on-time. he should have to wake up very early morning. He have go to courthouse in the morning. He will able to eat breakfast first before he will heading to courthouse. We will keep eye on it and if he will figure it out for what he done something wrong against ABQ police department. Maybe if he will eventually to drop all of the charges against Mr. pmocek.

Sep 1, 2010, 8:25 pm

#739

pmocek

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No trial September 8, 2010

I received notice today from my attorney that I will not be going to trial on September 8. I'll follow-up here when I have more to report.

Sep 1, 2010, 8:34 pm

#740

Boggie Dog

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Quote:

Originally Posted by pmocek

I received notice today from my attorney that I will not be going to trial on September 8. I'll follow-up here when I have more to report.

Just wondering, if the DA knows he has no case perhaps they are doing a waiting game using time to muddy the water.

Sep 1, 2010, 10:13 pm

#741

Spiff

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Quote:

Originally Posted by Boggie Dog

Just wondering, if the DA knows he has no case perhaps they are doing a waiting game using time to muddy the water.

Looks like the state is trying to test the limits of the Sixth Amendment too.

Sep 1, 2010, 11:39 pm

#742

mre5765

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Quote:

Originally Posted by Spiff

Looks like the state is trying to test the limits of the Sixth Amendment too.

My understanding is that the "speedy trial" almost always works against the defendant and that defense attorneys prefer it if the prosecution drags its feet. The longer the wait for a trial the more likely that evidence (or its chain of custody) will be lost, prosecution witnesses will change their story or forget details, the arresting officer will die, etc.

The downside is that when the prosecution is forced to drop its case because it has no case, there is no opportunity for a pro-liberty precedent to be set.

Last edited by mre5765; Sep 10, 2010 at 5:43 am Reason: change of custody -> chain of custody

Sep 2, 2010, 1:36 am

#743

N830MH

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Quote:

Originally Posted by pmocek

I received notice today from my attorney that I will not be going to trial on September 8. I'll follow-up here when I have more to report.

Why there is no new trials date to be set yet? Please find out for which the specific date is that.

Sep 2, 2010, 1:57 am

#744

Ari

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Quote:

Originally Posted by pmocek

I received notice today from my attorney that I will not be going to trial on September 8. I'll follow-up here when I have more to report.

Is the cause of the delay public-- i.e. who requested it (the Court, the State, you)?

Sep 2, 2010, 4:44 am

#745

SDF_Traveler

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Quote:

Originally Posted by Boggie Dog

Just wondering, if the DA knows he has no case perhaps they are doing a waiting game using time to muddy the water.

I'm wondering what is up too - looks like we're getting close to going on for about a year now.

I don't know how stretched the judges are in ABQ, but we've already had one judge recusal and I question how strong the DA's case is. I presume they've attempted the plea bargain and I wouldn't be surprised if the latest offer was "generous" in an attempt to make this go away.

I'd be interested in knowing what the recusal was all about -- but I suspect it'll come out in due time.

If/when the case is firmly docketed for a jury trial, I would like to travel to ABQ providing my schedule allows for it (which could be hit or miss). Any other FTer's looking at attending?

Sep 2, 2010, 5:19 am

#746

serfty

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Quote:

Originally Posted by SDF_Traveler

... If/when the case is firmly docketed for a jury trial, I would like to travel to ABQ providing my schedule allows for it (which could be hit or miss). Any other FTer's looking at attending?

Hmmm ... perhaps only on flexible fares ...

Sep 2, 2010, 6:07 am

#747

bdschobel

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Quote:

Originally Posted by SDF_Traveler

If/when the case is firmly docketed for a jury trial, I would like to travel to ABQ providing my schedule allows for it (which could be hit or miss). Any other FTer's looking at attending?

I have family in Albuquerque and would be very happy to combine a visit with attendance at this trial (if there ever is one).

Bruce

Sep 2, 2010, 9:16 am

#748

Ayn R Key

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I need a lawyer to comment on this question - is it possible for the defense to protest the prosecution dropping a case? I ask because of what mre5765 wrote about the pro-liberty precedent.

Sep 2, 2010, 9:24 am

#749

IslandBased

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Quote:

Originally Posted by Ayn R Key

I need a lawyer to comment on this question - is it possible for the defense to protest the prosecution dropping a case? I ask because of what mre5765 wrote about the pro-liberty precedent.

Have Phil's two attorneys question the Prosecutor's manhood. Goldwater did that to Johnson after the Gulf of Tonkin incident, otherwise Johnson would have let it slide.

Sep 2, 2010, 9:38 am

#750

MikeMpls

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Quote:

Originally Posted by IslandBased

Have Phil's two attorneys question the Prosecutor's manhood. Goldwater did that to Johnson after the Gulf of Tonkin incident, otherwise Johnson would have let it slide.

The Gulf of Tonkin incident was staged -- the escalation was already in the works, with planning going back to the Kennedy administration. They just needed an excuse.