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Thread: congrats mkegal

  1. #1
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    congrats mkegal

    The bail modification is pretty huge imo. Things should only continue to improve.

  2. #2
    Regular Member Horseman's Avatar
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    So what happened?

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    Founder's Club Member Brass Magnet's Avatar
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    AFAIK, her conditions were modified so that she may posses a firearm in her home or during instruction in an institutional setting but may not transport. All complete B.S. mind you. After all, CCW violation isn't even a felony! I think it's worth a separate 1983 action just for the conditions.
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    Regular Member GlockRDH's Avatar
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    ..its kinda like taking away your driving priveleges because you have a tail light out...

  5. #5
    Regular Member MKEgal's Avatar
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    I don't think the judge understands the laws applying to firearms possession, which is kinda scary since he's going to be judging me w/r/t those laws.

    This change allows me to possess firearms in my home, which is an improvement, esp. w/ Castle Doctrine.

    But the BS about the "institutional setting" & not having a firearm in my car (not even unloaded & in a locked case in the trunk!) pretty much means nothing has changed as far as teaching.
    BTW, can anyone find a definition in WI law of "institutional setting"??? I've tried.

    I can't possess (legally) while in a community college, like he & the ADA were talking about, since they're taxpayer-owned buildings & I can't yet get a WI cc license. (Or does the judge's ruling overrule state law, so I would be legal?)

    IF I could set up a class at a private college, or even a private K-12 school, then I could possess while teaching (but would still have to hire someone else to bring them to class).

    Thing is, my lawyer worked out with the ADA that it would be OK to possess while teaching.
    He even told the judge, in court & on the record, that he agreed to it.
    Then when he learned that I do classes at my student's convenience, in their settings, he didn't like that so he went back on his word.
    The class is the same no matter where I teach.

    Overall, the restrictions on me about possession are illegal since they don't conform to state law [969.02 (3) (d)]. But as with other problems of this sort, that's going to be dealt with down the road in other litigation [1983's] instead of directly with the problem-makers.
    [removed discussion of abuse of power by various agencies]

    WI law says that bail conditions are OK in order to:
    1) assure a person's appearance at hearings,
    2) protect the public from "serious bodily harm", or
    3) prevent intimidation of witnesses.
    There's no evidence that I wouldn't appear at hearings, even the ADA admits he's not worried about me being a danger to anyone, & the only other witnesses to what happened are cops.
    If little ol' me can intimidate a precinct of cops all by my lonesome, we need new cops.
    And any arguments to the effect of "but you're armed" cut both ways.

    If anyone's interested in writing a (polite, calm, factually-supported & well proofread) letter to the judge, I've looked up the address, etc. from publicly-available sources:
    Judge Daniel Konkol; Milwaukee County Courthouse; 901 N 9th St., room 629; Milwaukee, WI; 53233-1425

    ***

    BTW, this is the Milwaukee PD detective who is accused of driving drunk (0.15BAC) plus accused of operating / possessing a firearm while intoxicated [941.20 (1) (b)]:
    Randall Chicks; case #2011CM006568
    His punishment does not include a prohibition on possession, though his charges include actually doing something dangerous with a gun... and he was in front of the same judge!
    Doesn't seem to have a prohibition on possessing or driving motor vehicles (but he is required to have a valid license, which leads me to wonder if he was driving w/o a license?).
    Strange, since he's also charged with OWI & "imprudent speed". Seems like keeping him away from motor vehicles would be reasonable & prudent for the protection of the community, since he was actually doing dangerous things with a car too.
    Last edited by MKEgal; 01-13-2012 at 11:07 PM. Reason: 969.02 (3)(c) allows imposition of "no weapons" order for no reason

  6. #6
    Regular Member OC for ME's Avatar
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    Citing a d-bag as a defense is a bad idea. Judges really do not like being called on that. Unfortunately your 'further litigation' is the best course. Get your lawyer, (a different one?) to address that judges inconsistent application of punishment for disparate offenses in front of a different judge. Good luck and keep up the good fight. you got the shaft, straight up plain and simple.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by msusnVet View Post
    What a wonderful post, I am sure the DA will use it to their advantage.
    What a useless post, I'm sure people will laugh at it.

  8. #8
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by Aknazer View Post
    What a useless post, I'm sure people will laugh at it.
    +1...LOL.

    Good news MKEgal. Hope things continue to go your way. Best of luck!
    "When seconds count between living or dying, the police are only minutes away."

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    You hang in there MKEgal, I for one pray and hope you prevail.

    JJC

  10. #10
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    MKEgal, you are the victim here of an overzealous police force who likely filed false police reports (I suspect this but haven't seen the reports) and a judge who is overstepping the law. I pray you will prevail and your future endeavors to petition your government for a redress of grievances is very successful.

  11. #11
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by OC for ME
    Citing a d-bag as a defense is a bad idea.
    Not exactly a defense, more of an example of unequal protection / treatment.
    If the punishment (before conviction) of having a 'weapon' involved in whatever you're charged with is to be prohibited from possession, then that should go for everyone.
    If it's done on a case by case basis, looking at things like employment (use of gun therein), criminal history, threat to society, why am I prohibited?

    inconsistent application of punishment
    Bingo - and why am I being punished for something of which I've not been convicted?
    And the punishment before conviction is more severe than what I'd be legally subjected to (w/r/t firearms) if I were convicted.

    It has no relationship to the 'crime' I'm accused of committing. If the judge doesn't want me to carry concealed until this is settled, he can tell me not to carry concealed until this is settled. No skin off my nose to carry openly.
    There's no reason to prevent me from teaching, or transporting, or getting a license which lets me protect myself around the city or into a state park.

    Quote Originally Posted by smithman
    ... likely filed false police reports...
    I have copies. I'm sure Rebecca will bring up in court several points to further discredit the one officer who has admitted she wasn't observant, yet claims I was concealing.
    Won't point out the inconsistencies & flat-out lies here until after the case is settled.

    Quote Originally Posted by OC for me
    Get your lawyer, (a different one?) to address that judges inconsistent application of punishment
    Rebecca is a criminal defense lawyer. I don't think she'd even try to take on a civil rights case, any more than a brain surgeon would try to do a colonoscopy. Yes, I have someone in mind.


    As for Ms.Navy vet, I've found the ignore function works well.
    Don't even see posts unless they're quoted.
    Last edited by MKEgal; 01-16-2012 at 03:44 AM. Reason: excess conjunction
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  12. #12
    Regular Member Plankton's Avatar
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    Quote Originally Posted by msusnVet View Post
    What a wonderful post, I am sure the DA will use it to their advantage.
    I am sure you will be forwarding it to him.
    Liberty or death. We're sorry, there are no other options available at this time..........
    "Safety is the new Liberty, and recklessness is the new Freedom, and alcoholism is the new Doug Huffman."

  13. #13
    Regular Member hermannr's Avatar
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    MKEgal: Just something to think about, been done before...now that they have "punished" you by restricting your access to your teaching impliments, if they try to fine you, plead double jepardy, you have already been fined. They have effectively taken something of value from you already.

    remember a case here in WA where the game warden confiscated the guys rifle (he shot an Elk insted of a deer on his deer tag) and when they went to court and tried to fine him too, he said, give me my rifle back, or it's double punishment for the same crime...and won.
    Last edited by hermannr; 01-13-2012 at 11:37 PM.

  14. #14
    Regular Member MKEgal's Avatar
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    What a wonderful post, I am sure the DA will use it to their advantage.
    Quote Originally Posted by Plankton
    I am sure you will be forwarding it to him.
    No need to forward it - they have people reading these boards.
    As proof, they were quite worried that the incident was taped by someone other than the officers.
    Even asked Rebecca to ask me about it.
    (With a member here as witness to her asking me.)
    Since I hadn't mentioned my camera, & people here on that thread had, I think that's pretty clear evidence we're being monitored.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  15. #15
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    Quote Originally Posted by MKEgal View Post

    Rebecca is a criminal defense lawyer. I don't think she'd even try to take on a civil rights case, any more than a brain surgeon would try to do a colonoscopy. Yes, I have someone in mind.

    .
    Doing a colonoscopy to gain access to the brain of a liberal is more common that you may think

  16. #16
    Regular Member davegran's Avatar
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    Quote Originally Posted by Nutczak View Post
    Doing a colonoscopy to gain access to the brain of a liberal is more common that you may think
    Haa-haa-haa-haa-haa!
    Dave
    45ACP-For when you care enough to send the very best-
    Fight for "Stand Your Ground " legislation!

    WI DA Gerald R. Fox:
    "These so-called 'public safety' laws only put decent law-abiding citizens at a dangerous disadvantage when it comes to their personal safety, and I for one am glad that this decades-long era of defective thinking on gun issues is over..."

    Remember: Don't make old People mad. We don't like being old in the first place, so it doesn't take much to piss us off.

  17. #17
    Founder's Club Member Brass Magnet's Avatar
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    Is your lawyer single MKEgal?

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  18. #18
    Regular Member bigdaddy1's Avatar
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    Makes me angry. The police statement about the concealed weapon is absurd. Anyway Krista I am happy you have at least a fraction of your improperly refused rights returned.
    What part of "shall not be infringed" don't you understand?

  19. #19
    Regular Member rotorhead's Avatar
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    It's obvious that the legal community is digging their heals in and now have shifted to Operation: Save Face.

    This silly little incident would have been dismissed with apologies from any competent legal system in the country. Keep the faith, MKE.

    Stay strong.

  20. #20
    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by msusnVet View Post
    HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA AHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH AHAHAHAHAHAHAHAHAHHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA HAHAHAHAHAHAHAHAHAHAHAhahahahahahhahahahahahahahah ahahahhahaahahahahahhahahahahahahahhhhhahahahahaha haaaahahahahahahahahahahahahahahahhahahahahahahaha hahahahaha...

    {cough, cough}

    ahem.

    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  21. #21
    Regular Member HandyHamlet's Avatar
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    My pleasure.

    Next time you are spying/stalking on us at Lizzy's you can buy me a drink. Looking forward to it in fact.

    Last edited by HandyHamlet; 01-15-2012 at 04:15 PM. Reason: added stalking as it is more aprapos...
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  22. #22
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    Bail terms that prohibit gun possession for a charge that wouldn't result in the loss of gun rights even if convicted, are analagous to denying bail to someone on a charge that couldn't result in jail time.

  23. #23
    Campaign Veteran rcawdor57's Avatar
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    Exclamation Ah Yes...But This Is Wisconsin....Anything Is Probable...Such As....

    Quote Originally Posted by KBCraig View Post
    Bail terms that prohibit gun possession for a charge that wouldn't result in the loss of gun rights even if convicted, are analogous to denying bail to someone on a charge that couldn't result in jail time.
    I agree with your statement but here in Wisconsin there are many "laws" lurking for the unscrupulous D.A. to lay the "smack down" on his or her "defendant". Not to hijack this thread but here is the perfect example: Wisconsin Statute 939.60 Felony and misdemeanor defined.

    939.60  Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
    History: 1977 c. 418 s. 924 (18) (e).
    A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute's enactment. State ex rel. McDonald v. Douglas County Circuit Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).

    What this wonderful statute means if the judicial system (cough...cough) cannot find a spot for you in the jails and instead puts you in a prison for your small misdemeanor...you automatically are a felon.


    There are many statutes like this on the books for the D.A. and judge to use against us. "Justice? What justice?"
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

  24. #24
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Brass Magnet
    Is your lawyer single MKEgal?
    I don't know. Will add it to my list of things to ask her when next we talk.
    Or you can contact her directly. I know their office info has been posted several times.

  25. #25
    Regular Member rotorhead's Avatar
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    Quote Originally Posted by msusnVet View Post
    Being charged with one count of carrying a concealed weapon is not a silly little incident. The Wisconsin legal system is very competent, thank you.
    You'd do best to not twist my words and attempt to (rather weakly) have them appear to mean something other than what they were. If you'd like to continue to converse with me, you'd be better off using honesty.

    This incident, while surely serious in the fact that it's taken an innocent person and ramrodded her through a legal system that refuses to admit that they are wrong, is silly in regards to it's nature.

    While I admittedly have little knowledge of the Wisconsin legal system, nor a desire to enter it in any fashion after reading this case, I can point to this case and understand that it separates itself in no manner from other inept systems that rely upon weak evidence for it's foundation. If this case is what a district attorney wants to pin his or her reputation on, then there's truly little integrity up there in terms of the legal system.

    However, I do want to thank you for being yet another reminder of why I limit my time on this site. You and select others provide ample reason to seek conversation elsewhere.

    For MKE- Stay strong. This will pass and one day you'll have your life back, despite what the cheerleaders from the other side say.
    Last edited by rotorhead; 01-17-2012 at 04:36 AM.

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