IslandBased

That was the opinion of a recent Johnson biographer.

However, it is the other part of my statement that bears consideration. Phil's attorneys are women, if the prosecutor is male, a little sly innuendo might move things back into a courtroom if the prosecution tries to drop the case.

Global_Hi_Flyer

Good idea. You can even invite the prosecutor to "prove it" with a body scan. 2 birds, one stone.

IslandBased

Our little courthouse has a WTMD. Standard fare in Massachusetts. I'm sure the WBI sales force are salivating at the thought of commissions from courthouse sales.

Ayn R Key

Nice tangent but I really am curious if there is a legal answer to my question.

I should have been a lawyer, but I'm not.

ND Sol

I haven't prosecuted in decades, but will give you my two cents. This is general and there are exceptions to every rule.

Let's step back and ask why the defense would want to protest the dropping of all charges. The primary reason is to ensure that this won't happen again to anyone in the same situation. So one would want the law changed. But that generally is not going to happen in a criminal matter unless the issue is raised, rejected by the court and the defendant either pleads no contest or guilty or is found guilty. Then the conviction is appealed and the law in question may be declared unconstitutional. For example, Lawrence v. Texas. I don't think Phil would want to go that route in this case.

From what I recall, Phil was arrested after he started filming for a variety of different violations under different laws. It is not just one clear cut law (like sodomy) that you are trying to get overturned. The laws in question are most probably legal in many cases, but this application is the problem. I think that in this case the best alternative is to get the case dismissed.

Phil would probably have to sue for a declaration that any laws that criminalize filming at a checkpoint or refusal to provide ID at a checkpoint were invalid. He would charge that he was liable to eventually be prosecuted for his activities in the future. For example, Bowers v. Hardwick.

N830MH

Sorry, I can't help you to hiring the lawyers. He will try to look for another judge will granted you. You will gets new trials date to be set.

jbdk

Could be dragged out for months or years. I am a witness to a case, misdemeanor case, dating back to 2007. I have received 11 subpoenas to be an on call witness. The date keep getting moved and moved.

sethb

I'm not a lawyer, but the answer seems quite obvious: yes. In fact, as a general rule, anybody can protest anything.

As for the effect of such a protest, that's a different matter. Probably, none; and there's certainly no way to force a prosecution if the prosecutor, in his professional judgment, deems it a bad idea.

Now, if the victim (defendant) wants to sue the state, police department, etc., then the fact that charges were dropped won't stop him. It might even help him win.

polonius

excellent idea - I have family in ABQ as well - think I'll do the same if my schedule allows

pmocek

Hi, all. I follow this thread closely, and I don't believe I've missed any of your questions. If I've not answered, it's almost certainly either because I cannot answer or because I believe that I should not answer. I really will post here when I have more to report.

I probably mentioned this before, but to be clear: I am not interested in a plea bargain.

Bruce, SDF Traveler, and anyone else: It would be great to have supporters in attendance at my trial. When it looks like we're really going to trial, I'll promptly post notification here and e-mail those who have donated to my legal defense fund via PayPal. I am concerned about the possibility of people flying in for the trial, then finding that the prosecution drops the case at the last minute. It's my understanding that such is common. The more hassle people are subjected to in situations like this -- regardless of whether they are actually tried -- the less likely others will be to stand up for their rights. It's unfortunate that we can be punished in such a manner without any judgement having been rendered.

I'll do my best to provide timely updates on the status of the case.

pmocek

My jury trial is now scheduled for December 7, 2010. There's a different district attorney on the case now. I don't have his name yet.

Trial date: Wednesday, December 7, 9:00 a.m.
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (For details, go to the court's search page, complete the CAPTCHA, then search for criminal case 2573709)
Judge: Kevin L. Fitzwater
Prosecutor: ?
Defense attorneys: Nancy Hollander, Molly Schmidt-Nowara
Charges:

1. New Mexico Revised Code 30-20-1: Disorderly conduct
2. Albuquerque Code of Ordinances 12-2-16: Concealing identity with intent to obstruct
3. Albuquerque Code of Ordinances 12-2-19: Resisting, obstructing, or refusing to obey a lawful order of a police officer
4. Albuquerque Code of Ordinances 12-2-3: Criminal trespass

FAQ: (from the Identity Project) http://papersplease.org/wp/mocek/

Boggie Dog

So much for a speedy trial.

bdschobel

That date is convenient for me, and I am planning to attend.

Bruce

Ari

I'd purchase a flexible ticket . . . @:-)

Jaimito Cartero

My name is Carnac the Magnificent. The envelope, please.

"May 24, 2011"

The question is, "When will they finally drop the case".