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Skidmark proceeding to trial - Sept 13th, 2011

ixtow

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Nov 25, 2006
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Suwannee County, FL
On the other hand, it makes perfect sense to clog the courts.

The New Hampshire Courtroom Legal Opposition Group ("NH-Clog") website is out of date, but the spirit is still alive and in effect. They're part of the "Never Take a Plea"movement. The underlying theory is, government "efficiency" is essential to the mass violation of rights seen in American courts every single day.

Just like you "shouldn't talk to cops", you also "shouldn't take a plea" and "shouldn't cooperate".

Shut up, stand firm, and make them prove it.

Try that attitude where I live and see what happens to you... I'm glad there is a place where people stand together. Maybe I'll get to visit someday.
 

Grapeshot

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On the other hand, it makes perfect sense to clog the courts.

The New Hampshire Courtroom Legal Opposition Group ("NH-Clog") website is out of date, but the spirit is still alive and in effect. They're part of the "Never Take a Plea"movement. The underlying theory is, government "efficiency" is essential to the mass violation of rights seen in American courts every single day.

Just like you "shouldn't talk to cops", you also "shouldn't take a plea" and "shouldn't cooperate".

Shut up, stand firm, and make them prove it.

Please tell me that you are not spamming this thread - would seem to be totally OT and not directly related to RKBA.

Had you read this thread at all, you would know that there is an attorney of record.
 

KBCraig

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Granite State of Mind
Please tell me that you are not spamming this thread - would seem to be totally OT and not directly related to RKBA.

Had you read this thread at all, you would know that there is an attorney of record.

???

I'm not sure how you would even think I was. I was responding to (and directly quoted) someone who lamented that "resources have to be spent on something like this."

Attorneys of record have nothing to do with it. Many of the "don't take a plea" folks have attorneys. The point is: don't take a plea, make the government prove their case!

Grapeshot, I know you might be stretched a little thin at this point on the day of this very important case, but my previous posts should make it clear that I'm 100% supportive of Skidmark, User, and Peter Nap. Skidmark could have taken a plea but didn't, which is why all the Surry system seems to be in an uproar of consternation. They expected him to bow down and thank them for their mercy, and he didn't. Hoorah!
 
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peter nap

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So... has anyone considered calling some official in Surry Country and asking why the hell they're wasting our tax dollars on this mess?

No, but I interviewed members of the Tea Party on Monday and asked that exact question. I'll leave their answer to your imagination:lol:.
 

riverrat10k

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on a rock in the james river
One more humorous item I left out last night....

The complainant, a Mr. Wyche, the Securiguard supervisor(?), was seated directly behind User in the courtroom.
Oftentimes, when User stood to address the court, his suit coat would ride up in back at the coat's split, revealing an empty holster. Right in the poor fellows face. It was all I could do to keep from laughing when I saw this happen on multiple occaisions. It was accidental, but surely it sent some kind of message to Mr. W.

Lots of people are armed, few of them are a problem for anybody but bad guys.
 
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Grapeshot

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How are things looking finically? Is there a need for more donations? I can't be there in person, but want to continue to support the cause.

That is something that shall be discussed with User as part of the planning projections. All factors will be reviewed to see if any revisions ought to be made in making these determinations. There are other considerations that perhaps should be examined in the process too. A more direct reply should be forthcoming in a few days.

Obviously defending against even spiteful/frivolous charges as these (one remaining) is not pocket change and beyond a great many of us individually.

The depth and breadth of the response from this "Band of Brothers" has truly been an amazing thing to behold and I do not say that lightly or just for the drama. The 'we are behind you' spirit that has been projected with such enthusiasm/vigor has caused more than one emotional moment.
 

Grapeshot

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The complainant, a Mr. Wyche, the Securiguard supervisor(?), was seated directly behind User in the courtroom.
Oftentimes, when User stood to address the court, his suit coat would ride up in back at the coat's split, revealing an empty holster. Right in the poor fellows face. It was all I could do to keep from laughing when I saw this happen on multiple occaisions. It was accidental, but surely it sent some kind of message to Mr. W.

Lots of people are armed, few of them are a problem for anybody but bad guys.

Surry ferry ride: Free

Breakfast or lunch at Surrey House: $5 -$10

Expenses for council and court reporter: Many hundreds of dollars.

To know what was going through Mr Wyche's mind: PRICELESS

I would have gladly paid to seen that and have been able to read his mind. :lol:
 

peter nap

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Surry ferry ride: Free

Breakfast or lunch at Surrey House: $5 -$10

Expenses for council and court reporter: Many hundreds of dollars.

To know what was going through Mr Wyche's mind: PRICELESS

I would have gladly paid to seen that and have been able to read his mind. :lol:

Priceless!!!!!!

wyche.jpg


apoin2.jpg


apoin.jpg


apoin3.jpg
 
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Marco

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Greene County
Hopefully my schedule allows me to make it to Surry in June. :)


Edit:
I'll be sure not to wear shorts.
 
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peter nap

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Did I say PRICELESS:lol::lol::lol::lol:

apoin4.jpg



Paradise (rewritten by Peter Nap)

When I was a boy my family would travel
Into' Eastern Virginia where my parents were born

To a lost little town there that's often remembered
So many times that my memory is warm

And daddy won't ya take me back to Surry County
Down by the James river where Paradise lay

He said I'm sorry my son but yer too late in askin'
Mr. Poindexter's' Ferry has hauled it away

Well sometimes we travel right down the James river
To the abandoned old Courthouse down by a big hill
Where the air smelled like snakes an' we'd shoot off our pistols
But empty pop bottles is all we would kill

And daddy won't ya take me back to Surry County
Down by the James river where Paradise lay

He said I'm sorry my son but yer too late in askin'
Mr. Poindexter's' Ferry has hauled it away
 
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T Dubya

Campaign Veteran
Joined
Feb 11, 2008
Messages
914
Location
Richmond, Va, ,
O

At one point near the end, the CA pointed his finger! (gasp!) at Skidmark and stated "If this was (another VA locality) he would have been shot!" .

If this was another jurisdiction his sorry ass probably wouldn't have a job as CA! What a joke. What a freaking joke. Thank you all for your patience and tact. I am going to make a donation to Skid now.
 
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TFred

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Most historic town in, Virginia, USA
At one point near the end, the CA pointed his finger! (gasp!) at Skidmark and stated "If this was (another VA locality) he would have been shot!"
Pointed his finger? Why was the CA not arrested on the spot?

And if he would have been shot under the circumstances as presented in this case, the shooter(s) would be in jail!

TFred
 

paramedic70002

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Location
Franklin, VA, Virginia, USA
I really hope this strategy works out for Skidmark.

One time I was in Isle of Wight GDC. A man was accused of some traffic charge. He brought an out of town attorney who wanted to object and argue literally every sentence the Trooper spoke.

For example, the Trooper began his testimony with, "Your Honor, this offense occurred..."

"Objection, Your Honor, this Court has not determined that an offense actually occurred."

"Overruled. Trooper, please continue."

The Judge kept getting more spun up by this lack of decorum and soon was just going through the motions of listening to the objections, then overruling them. The defendant was convicted. Not sure if the attorney hurt his case but he sure didn't help, even if he did put on a good show for his client.

On another occasion I was counseled to always use a local attorney (this was in the matter of a traffic charge) because the locals work with the prosecutors and are often better able to work out a resolution that is acceptable to all parties. For example Skidmark might be offered to plead No Contest by the CA, and the Judge would defer a finding of guilt for one year, then dismiss the charges. I have gone down this road myself, and it is an easy pill to swallow when you are facing a criminal firearm conviction.

I'm not sure of the technicalities but I assume it's possible for the Judge to order Skidmark's weapon be destroyed upon conviction, in addition to a fine and possible jail time. IIRC Brandishing is a Class 1 Misdemeanor with a maximum penalty of $2500 and 365 days in jail.

Judges are notoriously hard to read if they are leaning your way or not. If the Judge is not properly interpreting precedent, I predict this will go to Circuit Court or possibly even the Court of Appeals.
 

MSC 45ACP

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Newport News, Virginia, USA
Surrey House

I just checked the court date to make sure it wasn't on a MONDAY... Surrey House is CLOSED Mondays.

We were all seated at Surrey House, having a great time discussing the events of the day from one of the early court dates when the CA came in. The expression on his face when he saw a DOZEN (or more) OCers already seated and enjoying their meals at "HIS" usual feeding place was absolutely PRICELESS!

THE Nerve of those "out-of-towners" to invade HIS restaurant!!! He looked like he had a bad case of indigestion, but had to save face by staying once he had already entered the place.
Most amusing was his taking photos of us with his cellphone over-the-shoulder.
I'd never seen that technique used before. I wonder if he took shots of our license plates too...

The CA is obviously no stranger to a good home-cooked meal.
He may want to skip dessert more often, though... ;-)
 

Grapeshot

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I really hope this strategy works out for Skidmark.

One time I was in Isle of Wight GDC. A man was accused of some traffic charge. He brought an out of town attorney who wanted to object and argue literally every sentence the Trooper spoke.

For example, the Trooper began his testimony with, "Your Honor, this offense occurred..."

"Objection, Your Honor, this Court has not determined that an offense actually occurred."

"Overruled. Trooper, please continue."

The Judge kept getting more spun up by this lack of decorum and soon was just going through the motions of listening to the objections, then overruling them. The defendant was convicted. Not sure if the attorney hurt his case but he sure didn't help, even if he did put on a good show for his client.

On another occasion I was counseled to always use a local attorney (this was in the matter of a traffic charge) because the locals work with the prosecutors and are often better able to work out a resolution that is acceptable to all parties. For example Skidmark might be offered to plead No Contest by the CA, and the Judge would defer a finding of guilt for one year, then dismiss the charges. I have gone down this road myself, and it is an easy pill to swallow when you are facing a criminal firearm conviction.

I'm not sure of the technicalities but I assume it's possible for the Judge to order Skidmark's weapon be destroyed upon conviction, in addition to a fine and possible jail time. IIRC Brandishing is a Class 1 Misdemeanor with a maximum penalty of $2500 and 365 days in jail.

Judges are notoriously hard to read if they are leaning your way or not. If the Judge is not properly interpreting precedent, I predict this will go to Circuit Court or possibly even the Court of Appeals.

Sounds like the case to which you refer was a green attorney that managed to offend the court.

That is most definitely not the case here. The bench has been most critical, but not of User, but rather of the lack of credible response from the prosecution and (IMHO) of gross negligence - all that User has done is to catch the drippings from that stick. The court has even gone so far as to indirectly suggest that the defendant's case is well based. I am personally greatly impressed with the style and ability demonstrated by council.

No weapon was seized or held in this incident - so there is no handgun to destroy. In fact if you read back through these lengthy threads, you will find several references to the stated "brandishing" as being "by pointing his finger at me" and that is a quote as nearly as I remember it. Now for a bigger laugh add to that the later amended filling where the officer stated "I've never been so afraid before in my life" :eek:

No guns drawn on Skid, no face down and cuffed - in fact he was told he could leave. Must be that some people have never had a fear greater than where their next meal would be.

Early on an offer was made by User to make this go away to the mutual benefit of all concerned. The CA/PA, Mr. Poindexter, was the one that refused. They apparently want a pound of flesh for contempt of the "Authority" of poorly trained and supervised personnel operating under color of law.

They expected no defense, a roll-over case adding another scalp to their totem. The constant refusal to negotiate by the prosecution is what brought us to where we are now. Not some knight on a white charger looking for a joust.

Could Skid have thrown himself on the mercy of the court? Yes but if you were to see we what some of us have seen, below the surface of tranquil, bucolic Surry County, then you would know that Skid would probably be under the jail by now.

Iacta alea est = the die has been cast. The bell cannot be unrung.
 
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peter nap

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Paramedic, User isn't using a particlar game plan, he's being the kind of lawyer they all should be.

He's practicing law and doing it well. The Judge seems to be a good one and the CA is NOT!

Cutting deals is for guilty people and lazy lawyers.
 
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Repeater

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Nov 5, 2007
Messages
2,498
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Richmond, Virginia, USA
With Good Cause Shown

Glad I had my lightning bolt with me this time!

The Commonwealth's Attorney was pretty disconcerted by the motion to dismiss, and was set to either nolle pros. the case in order to bring it back in a new and different way (thus starting this process all over), or alternatively, to move to have the charge amended to assault ...

However, we decided that the judge had made a good decision, because going to trial in June is better than having to worry about starting over.

The above is actually very important to understand, because a nolle prosequi is not identical to dismissal with prejudice. The code section is written as:
Nolle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown.

Good cause is key. Many courts effectively rubber-stamp the motion -- this allows the CA a Do-Over. Not good for us.

Here, the court refused to play along, so "the judge had made a good decision" is indeed an important comment.

Knowing this, there has been at least one attempt in the General Assembly to strike the good cause clause, which obviously would give every CA in the Commonwealth enormous power over each and every defendant.

Under those circumstances, the Sword of Damocles trumps the Bolt of Zeus.

P.S. -- A new opinion on Brandishing (conviction reversed and vacated).
 
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