pmocek

Given the choice between a strip search (i.e., someone searching me by looking under my clothing) or being frisked, I'll always choose to be frisked.

However, I'll almost certainly take a bus or a train to Albuquerque next month. Two days of such in each direction is not appealing, but neither is submitting to the frisk or the strip search.

ehasbrouck

http://papersplease.org/wp/2010/11/2...eckpoint-case/

Ari

How is it an 'update'?

-------------------------------------

Will there be cameras in the courtroom?

ehasbrouck

The rules for cameras in New Mexico courts are at pp. 73-75 of this report:

http://www.nmbar.org/Public/publicpu...ediaIssues.pdf

"The media is authorized, by New Mexico Supreme Court rule and case law, to broadcast, televise, photograph and record court proceedings in the District and Metropolitan Courts of the State of New Mexico. Under the New Mexico Supreme Court’s Rule 23-107 NMRA, cameras and recording devices are allowed in the courtroom as long as they comply with the guidelines set forth in the Rule. In addition, the media coverage must not “detract from the dignity of the court proceedings” or interfere with a fair and impartial hearing....

In addition, Rule 23-107 NMRA states that media coverage is subject to a judge’s authority to ensure decorum and the fair administration of justice. The judge has the discretion to exclude coverage of certain witnesses, such as victims of sex crimes, police informants and juveniles. In addition, the rule dictates that neither members of the jury nor the jury selection process may be photographed. Broadcasting, photographing or recording of conferences between members of the court, court and counsel, co-counsel or
counsel and clients is also not permitted."

If you plan to attend and film, photograph, or record as a member of the media, you must advise the Court in advance:

http://www.metrocourt.state.nm.us/xn...edia&file=info

"The Bernalillo County Metropolitan Court welcomes news coverage. However, cameras are not allowed in the courthouse or in courtrooms without the permission of the judge. Please call the Communications, Information and Public Outreach Director (505-841-9897) for clearance 24 hours in advance or as soon as practicable. Courthouse Security will not allow cameras or other audio or video recorders in without prior clearance. The court follows the guidelines laid down in New Mexico Supreme Court Rule 23-107 (2006) regarding the recording of court proceedings."

pmocek

My attorney estimates that jury selection will only take 30 minutes. She says it's very limited in Metro Court.

Trial date: Tuesday, December 7, 2010, 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/

NoClu

Keep up the good work! Thanks for the update.

meisterau

For those who want to contact the judge or DA to prosecute to the full extent of the law:

The judge:
Judicial Division 02
Fitzwater, Kevin L. - Judge
Trujillo, Luisa - TCAA
Courtroom 600 505-841-8281 fax: 505-222-4802

or DA:
Kari Brandenburg, and three Chief Deputy District Attorneys, Deborah DePalo, Gary Cade and Mark Drebing,
Main Office
Steve Schiff Building
520 Lomas Blvd NW
Albuquerque, New Mexico 87102
(505) 841-7100

FlyingHoustonian

Thanks, I already donated $100 dollars to the city of Albuquerque to help defray costs of prosecuting this case. Hopefully others will also. I will give them a call and voice support.

Ciao,
FH

Ari

Will there me any pre-trial motions heard that morning?

CitizenTerrorist

Any chance you can claim they got the wrong guy? Apparently they're prosecuting someone named "Phillip Mosack". I'd tell them they need to find this Mr. Mosack and throw the book at him.

Good luck.

N830MH

Yeah, good luck to Mr. Mocek during on the trials. If you wins the case against ABQ police department. Surely, I hope so for his sake. I want to hear those stories about his behaviors at airport.

sbagdon

What's the odds that a jury-trial will convict on these charges, and what's the burden-of-proof for these charges? I haven't read the entire thread, so I can't use the thread to take apart the charges, yet just started with #4: how can you trespass, unless you're told to leave and don't, or told not to come back and do?

PTravel

The burden of proof with respect to any criminal charge always lies with the state, and the standard of proof is, "beyond a reasonable doubt."

Trollkiller

You can trespass if a reasonable person would know that they are no longer welcome in that location.

I know a man in Houston that was convicted of "attempted trespass". I am still trying to wrap my head around that one.

myadvice

Why is this suggested? To cause a mistrial?

People accused of crimes in the US have a right to be tried in front of an impartial judge and jury.