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Thread: Surry Beware the Ides of March - 3/15/2011 version

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    Moderator / Administrator Grapeshot's Avatar
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    Surry Beware the Ides of March - 3/15/2011 version

    January 4th we watched a very well prepared attorney, Dan Hawes play the master puppeteer. A serious number of motions, submitted in a proper and timely fashion, were NOT acted upon nor responded to as is required. The CA did not have a satisfactory answer for this with his reply that he "did not have time."

    The evidence that VDOT has that would either have supported the charges or exonerated Skidmark were not preserved - the video tapes of the episode were recorded over, negligently IMO. Recorded tapes did exist and no one claimed they were "accidentally" destroyed. They were reported as reviewed by VDOT, the CA and sheriff's department personnel and then casually returned to the three (3) week cycle of rerecording. IMO - at the very least it was negligent to not preserve evidence.

    Wyche, the "captain" of the contractor security guard team, is the "custodian of the record" and admitted in court that he had reviewed the video data (stored in digital format). He is also the person that Skidmark had his disagreement, and complaining witness on the brandishing charge (his affidavit was used in support of the obstruction charge as well). He obtained the criminal warrant on the same day as the incident, so there is no issue about time having lapsed so that the data was accidentally destroyed. He knew perfectly well how to save that data and decided not to do so. That data had been the subject of a subpoena.

    Several motions to dismiss, based on the above, were made by User to which the bench choose to not respond to "at this time."

    Again, w/o disclosing the game plan and the half time review and adjustments, we are generally pleased with the days events and have our marching orders. No stone shall be left unturned - the spot light is on Surry and they seem very uncomfortable.

    It is a good thing that Skidmark is doing, even though he would have preferred to just have seen the changing colors along the James River and gone home to a nice, quiet meal that day last fall. He has stood tall and I for one will support him all the way.

    The trial was postponed, as I understand it, so that the CA could file documents in response to motions for bills of particulars and for discovery. Additionally most of the witnesses had not filed the documents required by the subpoenas sent.

    This post constitutes my observations solely in cooperation with a few other close associates. These remarks do not represent Skidmark nor his attorney.

    See also post #643 by User:
    http://forum.opencarry.org/forums/sh...mark-**/page26

    Also see post #173 by User:
    http://forum.opencarry.org/forums/showthread.php?84128-Surry-meet-up-supporting-Skidmark-Jan-4th-2011-amp-March-15th-2011/page7
    Last edited by Grapeshot; 01-05-2011 at 09:32 PM. Reason: corrected 2nd link
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member riverrat10k's Avatar
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    Grape said: Additionally most of the witnesses had not filed the documents required by the subpoenas sent.

    I heard that. The judge mildly admonished Wyche, something along the lines of "when the court asks for something you at least bring it to court". Not an exact quote but close. My ears were bleeding.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by riverrat10k View Post
    Grape said: Additionally most of the witnesses had not filed the documents required by the subpoenas sent.

    I heard that. The judge mildly admonished Wyche, something along the lines of "when the court asks for something you at least bring it to court". Not an exact quote but close. My ears were bleeding.
    Sounds like a 4th grader who didn't do his homework. And we pay these folks?

    TFred

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    Activist Member nuc65's Avatar
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    Amendment VI Bill of Rights

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,...

    There is some more about compulsory evidence that seems to have been strongly neglected by the court systems...

    Negligent court clerks, tampering with legal documents, hmmm, could be time for state judicial review of the said court.

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    Accomplished Advocate peter nap's Avatar
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    A quick look at the day


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    Moderator / Administrator Grapeshot's Avatar
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    Wow! Had to listen to that 3 times - the hair is still standing up on my arms.

    Always thought that court proceedings should be videoed - a matter of accountability.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Moderator / Administrator Grapeshot's Avatar
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    Meet Gerald Poindexter

    For those that were not able to attend the Jan 4th hearing, let me introduce you to Mr. Gerald Poindexter.
    http://poindexter1.com/gerald.htm

    The question that is being asked is does he have a dog in this fight.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member USNA69's Avatar
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    Check out the entire speech

    Quote Originally Posted by Grapeshot View Post
    Wow! Had to listen to that 3 times - the hair is still standing up on my arms.

    Always thought that court proceedings should be videoed - a matter of accountability.
    Grape,
    If only 1m54s of Patrick Henry's speech made the hair stand on your arms, then view the entire speech given by a talented and passionate orator.
    http://www.youtube.com/watch?v=IbOGo_T01bo
    PH was my kind of Patriot and Virginian.
    Last edited by USNA69; 01-05-2011 at 11:38 PM.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by USNA69 View Post
    Grape,
    If only 1m54s of Patrick Henry's speech made the hair stand on your arms, then view the entire speech given by a talented and passionate orator.
    http://www.youtube.com/watch?v=IbOGo_T01bo
    PH was my kind of Patriot and Virginian.
    After the Surry fiasco is brought to a just conclusion, I will add old St. Johns church in Richmond to my list of places to must attend - throughout the summer they do a reenactment of Mr. Henry's speech.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  10. #10
    Regular Member t33j's Avatar
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    Quote Originally Posted by USNA69 View Post
    PH was my kind of Patriot and Virginian.
    +1
    Last edited by t33j; 01-05-2011 at 11:56 PM.
    Sic Semper Tyrannis

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    Quote Originally Posted by Grapeshot View Post
    January 4th we watched a very well prepared attorney, Dan Hawes play the master puppeteer. A serious number of motions, submitted in a proper and timely fashion, were NOT acted upon nor responded to as is required. The CA did not have a satisfactory answer for this with his reply that he "did not have time."

    The evidence that VDOT has that would either have supported the charges or exonerated Skidmark were not preserved - the video tapes of the episode were recorded over, negligently IMO. Recorded tapes did exist and no one claimed they were "accidentally" destroyed. They were reported as reviewed by VDOT, the CA and sheriff's department personnel and then casually returned to the three (3) week cycle of rerecording. IMO - at the very least it was negligent to not preserve evidence.

    Wyche, the "captain" of the contractor security guard team, is the "custodian of the record" and admitted in court that he had reviewed the video data (stored in digital format). He is also the person that Skidmark had his disagreement, and complaining witness on the brandishing charge (his affidavit was used in support of the obstruction charge as well). He obtained the criminal warrant on the same day as the incident, so there is no issue about time having lapsed so that the data was accidentally destroyed. He knew perfectly well how to save that data and decided not to do so. That data had been the subject of a subpoena.

    Several motions to dismiss, based on the above, were made by User to which the bench choose to not respond to "at this time."

    Again, w/o disclosing the game plan and the half time review and adjustments, we are generally pleased with the days events and have our marching orders. No stone shall be left unturned - the spot light is on Surry and they seem very uncomfortable.

    It is a good thing that Skidmark is doing, even though he would have preferred to just have seen the changing colors along the James River and gone home to a nice, quiet meal that day last fall. He has stood tall and I for one will support him all the way.

    The trial was postponed, as I understand it, so that the CA could file documents in response to motions for bills of particulars and for discovery. Additionally most of the witnesses had not filed the documents required by the subpoenas sent.

    This post constitutes my observations solely in cooperation with a few other close associates. These remarks do not represent Skidmark nor his attorney.

    See also post #643 by User:
    http://forum.opencarry.org/forums/sh...mark-**/page26

    Also see post #173 by User:
    http://forum.opencarry.org/forums/showthread.php?84128-Surry-meet-up-supporting-Skidmark-Jan-4th-2011-amp-March-15th-2011/page7
    Unbelievable.

  12. #12
    Regular Member wylde007's Avatar
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    Exclamation

    Quote Originally Posted by USNA69 View Post
    PH was my kind of Patriot and Virginian.
    And at the risk of digging up old ghosts - I firmly believe he would have sided with VIRGINIA in 1861.

    I also believe that he and the Culpeper Minutemen would be readying to stand against the fed.gov today. If they were able to make a direct comparison between the government of King George and the government of Lincoln - they would be appalled at what has been done to their legacy.

    As a patriot - not a nationalist, a PATRIOT - Patrick Henry's sensibilities and sense of duty, I believe, would implore - nay DEMAND - that he resist and decry the democratic tyranny under which we have been enslaved.

    Sic Semper Tyrannis. Deo Vindice.

    Oh... and give 'em hell, Paul.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Wow! Had to listen to that 3 times - the hair is still standing up on my arms.

    Always thought that court proceedings should be videoed - a matter of accountability.
    Every time I read the writings of the Founders, I get emotional and inspired. And Henry's speech is certainly no exception to this. His words are so eloquent, as were others of the Founders, and his message crystal clear. When I read or hear this, his most famous and well known speech, it makes me proud to be a Virginian.

    And yes like you, the hairs do stand up on my arms.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Accomplished Advocate peter nap's Avatar
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    I hope that everyone understands I didn't add that speech to advocate armed revolution in this matter.

    That's a discussion for another day.

    I put it in to show what our ancestors fought and died for, and what we are in the process of losing.

    Without the actions of people like Skidmark who did nothing more than peacefully stand up for his rights, User who is skillfully carrying the fight into our judicial system, Grapeshot who has cared for Skidmark and seen fit to make sure all donations were properly accounted for as well as kept everyone updated on this case....and every member here who has donated money during hard times and or provided support for Paul.

    I know it's given Paul strength to know that hundreds of people from all around the world, cared enough to stand behind him.

    Without the actions of all of you, this country as our founders designed it, would be finished!

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Let's all try to stay on track on this thread, myself included. Discuss the issues, what transpired and other specifically related thoughts only.

    We wish to present a unified, organized front on this issue and encourage as many as can to attend the March 15th court date - a sizable representation will help keep the pressure where it belongs - on Surry and VDOT. To coordinate this behind the scenes, we will communicate privately. Just let me know of your intentions by PM.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Let's all try to stay on track on this thread, myself included. Discuss the issues, what transpired and other specifically related thoughts only.

    We wish to present a unified, organized front on this issue and encourage as many as can to attend the March 15th court date - a sizable representation will help keep the pressure where it belongs - on Surry and VDOT. To coordinate this behind the scenes, we will communicate privately. Just let me know of your intentions by PM.
    Sorry Grapeshot! I heard the fife and drum in the distance for a while

    I'm going back to the farm today and will review most of the new footage there. Hopefully I can put something together to post.

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    I wasn't brandishing pointing my finger at anyone.

    Want to keep on track and move this ball moving forward - your videos do that. We had a good turnout last time - I would like to see that multiply.

    We need to stand up and be counted both in defense of our rights and in support of Skidmark, our brother.

    Delaying tactics are not a new tool to those that have a weak or no case, but I refuse to let them enjoy any benefit therefrom. I WILL be baaack.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    re: A quick look at the day

    Quote Originally Posted by peter nap View Post
    THANK YOU!
    Marvelous reading, great video accompanying.
    "Giving money and power to government is like giving whiskey and car keys to teenage boys" -- P.J. O'Rourke

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    Activist Member Wolf_shadow's Avatar
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    Thank You Grapeshot and Peter. I was unable to attend on the 4th due to work but plan on taking leave for Ides of March. Freedom will prevail.

  20. #20
    Regular Member Repeater's Avatar
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    Vote for the Worst Prosecutor of 2010

    This Agitator entry lets people know there are many prosecutors who are problems.

    That's scary, but at least we know what Skid's terrible experience is not unique.

    Vote for the Worst Prosecutor of 2010

    As in years past, the misdeeds that qualify this year’s nominees need only have been reported on or come to light in 2010. They needn’t necessarily have actually transpired in 2010. See each candidate’s qualifications below the poll.

    Good luck to all of this year’s worthy contenders!

    Who merits the title "Worst Prosecutor of 2010"?

    Eleanor Odom
    Lynn Switzer
    Delores Carr
    Greg Zoeller
    Carol Chambers
    Scott Southworth
    Kenny Hulshof
    Jim Hood
    Andy Thomas
    Tanya Treadway

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    Very good letter

    Rather than distract from the OP of this thread, I am linking below a letter received from out of state regarding this travisty. The gentleman's observations and comments consolidate so very well what many of us have expressed and his perspective is unique.

    See for yourself - post #664
    http://forum.opencarry.org/forums/sh...44#post1437344
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  22. #22
    Founder's Club Member ixtow's Avatar
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    Quote Originally Posted by peter nap View Post
    I memorized that speech when I was 10. Still, no one I know understands why it makes hairs stand up...

    Show no mercy Skid. Though, the way the Judge handled the repeated failures of the prosecution was very underwhelming.

    Had You or I failed to follow through on 'duces tecum,' I'm pretty sure we'd be in the clink.

    Especially after mentioning that said materials don't exist anymore.

    At the hands of the very person who stands to augment 'justice' from the loss of those materials....

    Please, the Feds. I wanna see Surry burn. It'll give me hope that Citrus Co, FL may someday reap the same well-deserved come-uppance.
    Last edited by ixtow; 01-10-2011 at 05:13 PM.

  23. #23
    Regular Member riverrat10k's Avatar
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    Has anyone brought this case to the attention of AG Cucinelli? Maybe the first stop before the Feds.
    Last edited by riverrat10k; 01-10-2011 at 10:26 PM. Reason: how do you spell his name, anyway?

  24. #24
    Accomplished Advocate peter nap's Avatar
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    I'm heading back there again tomorrow. There aren't any Committee meetings I want to go to and it's too wet to do farm work. (Sure would like to go hunting though)

    I need to check the court filings and I have some specific scenes to video also.

  25. #25
    Accomplished Advocate peter nap's Avatar
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    Just to keep everyone up with what I can't talk about just yet...and to keep the thread alive, as I mentioned in my last post, I went to Surry to check on new filings. Actually, I've been back 4 times since then.

    The last trip was to take my laptop and make a copy of an audio CD that the Clerk didn't have the equipment to copy.

    I'm going back again on Thursday to try to get to the bottom of why some subpoenaed information appears to be missing. It was filed but is either labeled incorrectly or just not included or I'm just misinterpreting what's there.

    There is also some information required that had not been filed as of my last trip. I'll go by the clerks office and see if it's in the package yet.

    This time I'm going to the Sheriff to get the explanation and if I don't, it's time for another FOIA with an almost guaranteed trip to the Circuit Court when they don't respond.

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