Flyer “Processed” (Arrested?) in NM After Declining to Show ID
#768
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Join Date: Nov 2005
Location: Phoenix, AZ
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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
Trial date: Wednesday, December 7, 9:00 a.m.
Court: Bernalillo County Metropolitan Court
#769
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Join Date: Aug 2005
Location: Chicago
Posts: 11,513
It never crossed anyone's mind around here that he might be guilty of one or more of the charges despite the fact that contempt of cop was a huge element in this thing? The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
#771
Join Date: Oct 2007
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Phil refuses to answer virtually any questions about the case including information that is public. It is amusing to me that people are willing to support his "cause" on PayPal without knowing exactly what happened other than that he pissed off a bunch of cops.
It never crossed anyone's mind around here that he might be guilty of one or more of the charges despite the fact that contempt of cop was a huge element in this thing? The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
It never crossed anyone's mind around here that he might be guilty of one or more of the charges despite the fact that contempt of cop was a huge element in this thing? The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
I'd actually like to give money to the prosecution. Not based on the ID "issue" but based on the audio tape and poster's attitude here. I'll see if I can donate somehow to the city DAs of ABQ tomorrow.
Ciao,
FH
#772
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
Print out this thread and all of Phil's other posts around here and send them over to the DA; that would be the best "donation" of all!
Last edited by Kiwi Flyer; Sep 10, 2010 at 1:04 pm Reason: merge consecutive posts
#774
Join Date: Apr 2003
Location: BOS and vicinity
Programs: Former UA 1P
Posts: 3,725
As for guilt on the charges, how is it criminal trespass to be in an airport holding a paid-for plane ticket? Disorderly conduct and resisting/obstructing are contempt-of-cop charges for asserting his right to remain silent, and in my opinion, concealing identity is bogus given that a boarding pass with his name was being passed around.
The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
#775
Join Date: Feb 2010
Posts: 1,347
That contempt of cop is such a huge element is enough to make me support Phil, regardless of innocence or guilt on the other charges. I feel that contempt-of-cop arrests/charges are despicable and should result in harsh punishment against the cops to help level the playing field between LEOs and citizens.
As for guilt on the charges, how is it criminal trespass to be in an airport holding a paid-for plane ticket? Disorderly conduct and resisting/obstructing are contempt-of-cop charges for asserting his right to remain silent, and in my opinion, concealing identity is bogus given that a boarding pass with his name was being passed around.
Have you seen/heard the tapes? Have they been made public? If so, I would encourage you to post a link here. I did not think they had been released, but maybe I missed something.
The great thing about jury trials, assuming the tapes are available and played to the jury, is that the jury can clearly sort out the differences in the two sides of the story, one of which claims Phil just tried to assert his rights and the other of which claims he made a "scene." I've served on a jury in a criminal trial that resulted from a landlord-tenant dispute. The testimony from the sides was hugely contradictory, but both sides allowed the many months of email exchanges between the parties to be admitted into evidence. The emails made it very clear which side was correct on which issues at which times.
As for guilt on the charges, how is it criminal trespass to be in an airport holding a paid-for plane ticket? Disorderly conduct and resisting/obstructing are contempt-of-cop charges for asserting his right to remain silent, and in my opinion, concealing identity is bogus given that a boarding pass with his name was being passed around.
Have you seen/heard the tapes? Have they been made public? If so, I would encourage you to post a link here. I did not think they had been released, but maybe I missed something.
The great thing about jury trials, assuming the tapes are available and played to the jury, is that the jury can clearly sort out the differences in the two sides of the story, one of which claims Phil just tried to assert his rights and the other of which claims he made a "scene." I've served on a jury in a criminal trial that resulted from a landlord-tenant dispute. The testimony from the sides was hugely contradictory, but both sides allowed the many months of email exchanges between the parties to be admitted into evidence. The emails made it very clear which side was correct on which issues at which times.
FB
#776
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Join Date: Jan 2005
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Regardless of what you think of Phil's case, can someone tell me how a person can get to a court of law without taking a stand in the "streets" first? You have to be harmed by a law in order to file a complaint in court - it's how our system works. If you go thru and comply, you're hard pressed to make a case of harm because nothing happened, even if their action was illegal.
I don't see how if you don't stand up in the streets first and get smacked down how you can challenge a law's validity outside of getting states' or federal legislative bodies to make the change.
I don't see how if you don't stand up in the streets first and get smacked down how you can challenge a law's validity outside of getting states' or federal legislative bodies to make the change.
#777
Join Date: Jun 2008
Location: FLL
Posts: 393
Regardless of what you think of Phil's case, can someone tell me how a person can get to a court of law without taking a stand in the "streets" first? You have to be harmed by a law in order to file a complaint in court - it's how our system works. If you go thru and comply, you're hard pressed to make a case of harm because nothing happened, even if their action was illegal.
I don't see how if you don't stand up in the streets first and get smacked down how you can challenge a law's validity outside of getting states' or federal legislative bodies to make the change.
I don't see how if you don't stand up in the streets first and get smacked down how you can challenge a law's validity outside of getting states' or federal legislative bodies to make the change.
People intentionally getting arrested to challenge the constitutionality of a law isn't exactly a rare thing. It happened all the time, for example, during the Civil Rights Era.
#778
Join Date: Apr 2008
Location: USA
Posts: 1,439
cross-reference posts about public information
I don't intend to hash anything out. I can't stop other people from discussing public information, and I'm comfortable posting, as I have, information that anyone could receive by filing a public disclosure request or by querying the court's Web site.
As I've repeatedly stated, I'm not ready to talk about my personal experience. To avoid any confusion over this, I'm going to bow out at this point.
I'll provide updates as I'm able.
The information I posted was received in response to public disclosure requests.
As I've repeatedly stated, I'm not ready to talk about my personal experience. To avoid any confusion over this, I'm going to bow out at this point.
I'll provide updates as I'm able.
The information I posted was received in response to public disclosure requests.
I know that Phil can answer on his own, but from what I have read, Phil is just providing info he has received through discovery and the language of the laws he has been charged with violating. By providing that info, we can act as back benchers and discuss the aspects of his case. Perhaps he might even find a nugget or two from our discussions.
#780
Suspended
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Phil refuses to answer virtually any questions about the case including information that is public. It is amusing to me that people are willing to support his "cause" on PayPal without knowing exactly what happened other than that he pissed off a bunch of cops.
It never crossed anyone's mind around here that he might be guilty of one or more of the charges despite the fact that contempt of cop was a huge element in this thing? The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
It never crossed anyone's mind around here that he might be guilty of one or more of the charges despite the fact that contempt of cop was a huge element in this thing? The tapes make it pretty clear that Phil thought the proper place to vindicate his rights was on the street and not in a court of law.
I think sympathy from the jurors will be very hard to come by when they hear the tapes in court . . . it sounds as though he made a scene when his "rights" were violated rather than dealing with the issue in a productive manner.
Anyway, would love to hear your suggestions for alternate means for getting the courts to address this issue -- are you honestly ignorant enough to believe that if he had been polite, co-operative, and deferential, that he could have still pushed this issue into the court system? Your whole post seems to originate from a parallel universe in which cops don't overstep their bounds and courts are willing to accept cases based on what didn't happen.