Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Dec 13, 2010, 10:58 am
#1082
Join Date: Sep 2006
Location: San Francisco, USA
Posts: 79
The maximum penalties, if he is convicted, are 6 months in jail for disorderly conduct (a “petty misdemeanor” under New Mexico state law), and 90 days in jail for each of the ordinance violations, for a total maximum sentence of 15 months in jail.
Dec 13, 2010, 11:34 am
#1083
FlyerTalk Evangelist
Join Date: Mar 2002
Location: An NPR mind living in a Fox News world
Posts: 14,161
There was no hearing last Thursday, but the docket now shows a trial date of January 20, 2011, subject of course to the possibility of further postponements. This is consistent with what I was told by prosecutor Dan Rislove at the courthouse on Thursday.
The Identity Project FAQ with links to local news reports about the case and more information for the public or other journalists attending the trial.
The Identity Project FAQ with links to local news reports about the case and more information for the public or other journalists attending the trial.
Why is this taking so long? Phil is not be accused of being an axe murder. On paper, it's disorderly conduct and a couple of other charges. (Sorry, I don't mean to make light of this at all, especially for Phil who is on the business end of "authority" right now.) Some speculations I have, subject to affirmation or refute:
1. The city is really annoyed at Phil for taking this to a jury trial and wants to cause as much financial strain on him as possible.
2. The DA knows he has a weak case and wants to apply #1 to extort a plea bargain.
3. The DA really wants to drop the charges but the TSA won't let him because they want to make an example of Phil; or, the TSA wants the DA to drop the charges but he won't do it.
4. The TSA fears that Phil will turn this into a prosecution of the TSA which will result in a judgment in favor of Phil with a ruling that some or all of their ID rules are unconstitutional.
5. The city fears a judgment in favor of Phil because it will lead to civil police misconduct suits.
6. The judge and city don't want this to turn into a prosecution of the TSA.
7. All of the above.
8. None of the above.
9. It really does take this long.
...just curious because it sure doesn't make sense to me.
Dec 13, 2010, 12:01 pm
#1085
FlyerTalk Evangelist
Join Date: Mar 2004
Location: SGF
Programs: AS, AA, UA, AGR S (former 75K, GLD, 1K, and S+, now an elite peon)
Posts: 23,192
Dec 13, 2010, 12:11 pm
#1086
FlyerTalk Evangelist
Join Date: Dec 1999
Programs: Marriott Lifetime Titanium
Posts: 15,344
I agree with this.
My wife was sued by an ambulance chaser in 2006, one day from the 3 year limit on bringing suit over a car accident they were in together in 2003. The case was finally settled in early 2008.
Things take time. It seems every continuance isn't for a week or two, but for months (as that's the next opening on the court's calendar).
My wife was sued by an ambulance chaser in 2006, one day from the 3 year limit on bringing suit over a car accident they were in together in 2003. The case was finally settled in early 2008.
Things take time. It seems every continuance isn't for a week or two, but for months (as that's the next opening on the court's calendar).
Dec 13, 2010, 12:11 pm
#1087
Join Date: Feb 2006
Location: DTW
Programs: DL 0.22 MM, AA 0.34 MM, PC Plat Amb, Hertz #1 GC 5*
Posts: 7,511
I'd vote for 9. I'm guessing that this is the only case of this charge that made it this far (to measure the time required to reach trial), the rest were pleaded/dropped/etc.
Dec 13, 2010, 2:35 pm
#1088
Join Date: Mar 2008
Location: Austin (TX)
Posts: 308
From the Identity Project FAQ:
re: sanctions
I hate when articles appear that automatically presume stacking of the sentences when discussing the maximum possible sanction. It happens far more frequently in the articles about federal sentences, but now it has invaded this thread.
The reality is that FEW sentences are ever stacked and this is even more true when one gets into the local sentencings (ie. municial court convictions).
Further, when the articles fail to note that the discussion regards the MAXIMUM, they give the false impression that such length is the ONLY jail sentence that may be imposed. Absent a proscribed mandatory term, the fact that a conviction carries the potential for jail time does NOT mean that ANY time will be assessed much less served.
as to those questioning the reason this has dragged on...
not at all uncommon in many jurisdictions to see even minor charges drag on for a year or more if the Defendant is pushing for trial.
Hell, I can routinely get a basic speeding ticket stretched out for more than a year with a few resets thrown into the mix...my personal record was a little over three years, after which I lost interest since it could no longer appear on my driving record.
Dec 17, 2010, 1:03 pm
#1089
Join Date: Apr 2008
Location: USA
Posts: 1,439
Firebug4 of Flyertalk vs. Bernalillo County District Attorney
Cleaning up my e-mail inbox, I saw a notice of update to this thread by Firebug4 that I previously missed:
FB4, it seems from the DA's public statement on KOB-TV that you and she are in disagreement:
http://www.kob.com/article/stories/S....shtml?cat=500
I've never been required to present documentation of my identity in order to get a medical exam, and though it's been over a decade since I filled a prescription, I didn't have to do so then, either. I've never heard of any law requiring such in either situation, so I suspect that anyone who does so, does so voluntarily.
Many people show a picture ID even when they don't have to do so - that's what they do.
Bernalillo County District Attorney Kari Brandenburg says a Seattle man was out of line and outside the law in a confrontation with TSA officers at an airport checkpoint.
Phil Mocek was charged with disorderly conduct, criminal trespassing and other charges after refusing to show his ID at the Albuquerque Sunport in November 2009. His trial was postponed this week. Civil liberties groups across the nation are watching the case closely.
“It’s about public safety,” Brandenburg said. “In this day and age, when you get a prescription, when you go get a medical exam, you usually have to show a picture ID - that’s what we do. This individual refused to show his ID, and refused to obey a lawful order. He was asked to leave and he refused to leave.”
Phil Mocek was charged with disorderly conduct, criminal trespassing and other charges after refusing to show his ID at the Albuquerque Sunport in November 2009. His trial was postponed this week. Civil liberties groups across the nation are watching the case closely.
“It’s about public safety,” Brandenburg said. “In this day and age, when you get a prescription, when you go get a medical exam, you usually have to show a picture ID - that’s what we do. This individual refused to show his ID, and refused to obey a lawful order. He was asked to leave and he refused to leave.”
Many people show a picture ID even when they don't have to do so - that's what they do.
Dec 17, 2010, 1:18 pm
#1090
In Memoriam, FlyerTalk Evangelist
Join Date: Jun 2000
Location: Benicia CA
Programs: Alaska MVP Gold 75K, AA 3.8MM, UA 1.1MM, enjoying the retired life
Posts: 31,849
I have to present ID for both with my HMO, and have had doctors appointments and prescriptions filled in the last two weeks. Pretty typical experience for me. They even have signs out that ID is required.
Dec 17, 2010, 1:21 pm
#1091
Join Date: Sep 2003
Location: CLT
Programs: Choice Hotels/FFOCUS
Posts: 7,256
Dec 17, 2010, 1:27 pm
#1092
Join Date: Aug 2004
Location: BOS
Programs: UA 1P
Posts: 1,356
ETA: I could see another reason for ID, to make sure that you are the same person as the medical records think you are, ie: to avoid giving you a medication you're allergic to or in order to make sure they don't put you in an MRI if you have a metal plate in your head. But often, just knowing your date of birth or having a hospital ID card will suffice for that.
Dec 17, 2010, 1:35 pm
#1093
Join Date: Apr 2008
Location: USA
Posts: 1,439
You mean, you "have to" in order to get the HMO to cover the bill, right?
Do you know your pharmacist? Last time I had a prescription filled, it was by a pharmacist who'd known me since I was a child.
Required by law, or required in order to convince that particular private entity to do business with you?
When people speak of "requirements" that we present documentation of our identity, I usually remind them that we are not required to have such documentation in the United States and ask them to consider what happens to people who do not have it. Do you suppose those people are unable to receive health care or acquire prescription medication?
Required by law, or required in order to convince that particular private entity to do business with you?
When people speak of "requirements" that we present documentation of our identity, I usually remind them that we are not required to have such documentation in the United States and ask them to consider what happens to people who do not have it. Do you suppose those people are unable to receive health care or acquire prescription medication?
Dec 17, 2010, 1:42 pm
#1095
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
It seems that the DA is only taking the lead from The Identyt Project and Phil on the ID thing. This is ironic, beceause it seems to me that the only undisputed fact (even here in this thread-- someone speak up if not) is that Phil didn't violate any TSA policies or regulations. By turning this into a refferendum on the TSA's ID's policies, I believe that that there is a risk that the jury will ignore all the evidence and everything else and just assume it is their job to pass muster on the TSA's ID policy by finding guilty on the Conceal ID count if not on the other counts as punishment for questioning such an 'important' policy.
I'm glad Phil has a lawyer who is likely the best lawyer in the county for this case and who might be able to pull this off. I predict that the Judge will toss the Trespass count after the State rests.
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Phil, are you aware of how this came to the attention of the local news? Also, it appears that there will be a video introduced into evidence; can we rely on you to post this video once it has been shown in open court?
