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

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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/showthread.php?83848-**-Legal-Defense-fund-for-Skidmark-**/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:

riverrat10k

Regular Member
Joined
Aug 24, 2008
Messages
1,472
Location
on a rock in the james river
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.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
A quick look at the day

[video=vimeo;18483883]http://vimeo.com/18483883[/video]
 

Grapeshot

Legendary Warrior
Joined
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Messages
35,317
Location
Valhalla
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.
 

USNA69

Regular Member
Joined
Feb 13, 2010
Messages
375
Location
Norfolk, Virginia, USA
Check out the entire speech

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:

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.
 

Glockster

Regular Member
Joined
Dec 24, 2010
Messages
786
Location
Houston
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/showthread.php?83848-**-Legal-Defense-fund-for-Skidmark-**/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.
 

wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
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.
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
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.
 

peter nap

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Joined
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Messages
13,551
Location
Valhalla
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!
 

Grapeshot

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Joined
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Messages
35,317
Location
Valhalla
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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:lol:

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.
 

Grapeshot

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Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I wasn't [strike]brandishing[/strike] pointing my finger at anyone. :uhoh:

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.
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
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
 
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