Skidmark proceeding to trial - Sept 13th, 2011

[peter nap]

No.. thank YOU. Every bit helps.. even if EVERYONE here gave $5.00 he would be well on his way..

Yes ....Thank you!

 

[sidestreet]

First chance I 've had to post anything...,

so here goes, first off, the CA's behavior from jump was in a word, contemptible, childish actually, and he seemed genuinely upset that he had been called into court, and then throwing his briefcase down on the floor. His tone with the judge seemed almost adversarial. He's quite a drama queen too! At one point he even pitched some glasses up on the table. I guess he's just used to getting away with it. I've never seen that kind of behavior in court from a CA though.

Another first for me was the PROSECUTION playing the race card (usually a last ditch effort to save a sinking ship), then again, I've never been in a Surry County courtroom except for this case.

The only big "Oh $h*t" moment I had was when he started talking Noll Pros, and I clenched my drawers (without using my hands!) halfway to my Adam's apple! I sure as heck didn't want THAT taking place. In my mind and in baseball terms, User was taking batting practice and the CA was on back on his heels taking infield and letting the ball play him.

The investigator in me has quite a few questions he'd like answered, but he isn't even going to mention them in public, much less here. He saw and heard quite a few things that he feels occurred for very good and specific reasons which also will not be further discussed here.

Peter, I'll be sending you PM which is slightly OT, but think you might want to know if you don't already, I just keep forgetting to tell you.

Looking forward to Saturday breakfast though, aren't you?

sidestreet

we are not equal, we will never be equal, but we must be relentless.

 

[peter nap]

I haven't given much of an assessment of the hearing, mostly because everyone else has done such a good job of it already.

Sidestreet's dead on as well as Grapeshot and Riverrat. I spent most of the time outside taking videos but was in the courtroom for a while and had Jane taking notes.

Poindexter behaved so unprofessionally I was surprised the Judge didn't admonish him or cite him for contempt. Hanover had an Assistant CA that was banned from one Judges court and he didn't act as badly as Poindexter.

Outside was a different story.

I was especially proud of the members that were there. They all acted like mature adults. No one was afraid of the group although many locals were interested in what was happening. One retired LEO who was in Surry House when we ate breakfast, commented on how poorly trained Securiguard was and came to the courthouse just to watch.

Some of the Deputies were a problem. One consulted for a time with the lawyer from Securiguard, then walked around with his cellphone taking pictures.

Grapeshot handled his confrontation with the Deputy over his gun, like a an old hand. The Deputy later gave a very real apology after consulting with the Sheriff.

I'm not sure where the AG's office really fits in but I want her file.

Both VDOT and Securiguard agreed to allow Dan to talk to all the potential witnesses. I think he hit a nerve when he disclosed he knew VDOT had threatened to fire anyone that spoke to me about this. Now they're trying to show what responsible agencies they are.

My gut feeling is that everyone wishes Wyche had asked a grownup before doing this.

Now Poindexter is too arrogant to admit he shouldn't have proceed, Securiguard, VDOT and the Sheriff's Department are trying to distance themselves from any possible litigation and the band plays on.

Perhaps Poindexter should go to Sunday School:
Psalm 2 : 1 Why do the heathen rage, and the people imagine a vain thing?

 

[ianto94]

Zepkin

I just might have to come down for the trial from DC. I had Judge Zepkin 32 years ago for Virginia procedure when I was at W&M. He was a good teacher, was highly respected then as a Judge, and apparently still is. I doubt there is any way, he is going to find that pointing a finger while armed constitutes brandishing. Surry County et al should have a big dish of crow to eat when the 1983 suit gets filed.

 

[user]

I just might have to come down for the trial from DC. I had Judge Zepkin 32 years ago for Virginia procedure when I was at W&M. He was a good teacher, was highly respected then as a Judge, and apparently still is. I doubt there is any way, he is going to find that pointing a finger while armed constitutes brandishing. Surry County et al should have a big dish of crow to eat when the 1983 suit gets filed.

You probably should - if for no other reason than to escape the nether regions North and East of The Great Water.

Judge Zepkin isn't just smart, he's very good at handling the courtroom. One time when the Commonwealth's Attorney angrily demanded to know why the Judge was doing one thing and not another, slamming his hand on the bar right in front of the Judge as he did so, the response was a simple and dismissive, "Because I said so." And the case is in other respects, well, very entertaining, I should think.

For the just-plain-folks, "1983" refers to a section in the U.S. Code, 42 U.S.C. 1983, which creates a civil cause of action for violation of civil rights under "color of state authority". My view is that the Fourth Circuit has made it pretty clear that they don't want to hear any crap about "civil rights" in this circuit. I favor state law causes of action to be tried in state courts. Ultimately the choice belongs to Skidmark, but that has been my advice. (Put it this way, I wouldn't take any 1983 case on a contingent fee in this Circuit.)

 

[VAlitigator]

You probably should - if for no other reason than to escape the nether regions North and East of The Great Water.

Judge Zepkin isn't just smart, he's very good at handling the courtroom. One time when the Commonwealth's Attorney angrily demanded to know why the Judge was doing one thing and not another, slamming his hand on the bar right in front of the Judge as he did so, the response was a simple and dismissive, "Because I said so." And the case is in other respects, well, very entertaining, I should think.

For the just-plain-folks, "1983" refers to a section in the U.S. Code, 42 U.S.C. 1983, which creates a civil cause of action for violation of civil rights under "color of state authority". My view is that the Fourth Circuit has made it pretty clear that they don't want to hear any crap about "civil rights" in this circuit. I favor state law causes of action to be tried in state courts. Ultimately the choice belongs to Skidmark, but that has been my advice. (Put it this way, I wouldn't take any 1983 case on a contingent fee in this Circuit.)

BTDT. Fourth Circuit will bend over backwards to let cops off the hook.

 

[sol]

sent via paypal

may not be very much (kinda broke atm), but every little bit helps, right?

 

[jmelvin]

may not be very much (kinda broke atm), but every little bit helps, right?

That's right and I'm confident it's much appreciated!

 

[Grapeshot]

may not be very much (kinda broke atm), but every little bit helps, right?

That's right and I'm confident it's much appreciated!

Decidedly so.

The individual amounts contributed in Skid's behalf have collectively resulted in the ability to launch and maintain a well planned and executed defense. Without each one of you, I fear the present circumstances might be very different. You have given Skidmark the ability to exercise the courage of his convictions - that he does not stand alone has played a major part.

Each of us in our own way has become an integral part of this battle and Skid does very much appreciate everything.

 

[va_tazdad]

Remember when.....

Back in the 1960s, (The Dark Ages as my children call it) American slang had a term that was used to describe certain individuals.

I commented on this to a co-worked and he had never heard the term. I checked with others of my age and it seems to have been used more in the North than down South.

From the Urban Dictionary - Poindexter:

One who looks and acts like a nerd but does not posses the super-natural intelligence of a nerd.

Seems like the old slang is unfortunately true in this case and the CA isn't smart enough to know when he has been beaten and out classed.

Just makes Skids case for a potential civil suit that much better.

And I would like to know just where you would be shot for pointing your finger, according to the CA? I have never been to that part of Virginia.

 

[ODA 226]

I just might have to come down for the trial from DC. I had Judge Zepkin 32 years ago for Virginia procedure when I was at W&M. He was a good teacher, was highly respected then as a Judge, and apparently still is. I doubt there is any way, he is going to find that pointing a finger while armed constitutes brandishing. Surry County et al should have a big dish of crow to eat when the 1983 suit gets filed.

I was Judge Zepkin's bailiff when I was with Williamsburg SO. He's a good and fair man and I'm sure he'll see right through this injustice.

 

[Grapeshot]

From the Urban Dictionary - Poindexter:

One who looks and acts like a nerd but does not posses the super-natural intelligence of a nerd.

Seems like the old slang is unfortunately true in this case and the CA isn't smart enough to know when he has been beaten and out classed.

And I would like to know just where you would be shot for pointing your finger, according to the CA? I have never been to that part of Virginia.

LOL - I had to look that one up - hadn't heard of it before.

Where in Va? - guess it depends where your friends live and what kind of life style they have - maybe he knows too many dealers.

I was Judge Zepkin's bailiff when I was with Williamsburg SO. He's a good and fair man and I'm sure he'll see right through this injustice.

The world just gets smaller doesn't it. Reports like this are encouraging. Maybe we can break the "good ol' boys club" that has been running Surry as their personal fiefdom.

 

[user]

LOL - I had to look that one up - hadn't heard of it before.

Where in Va? - guess it depends where your friends live and what kind of life style they have - maybe he knows too many dealers. ...

I'll have to check the transcript for that specific information to be sure, but it seems to me that he was specific about his perception of the professionalism of the Newport News and Norfolk law enforcement communities.

By the way, as to the continuing need for donations: one of the things in the back of my mind is that there is no guarantee of a successful outcome in the General District Court. It may be necessary to take one or more appeals, and I always worry about the process being derailed somewhere along the way. Secondly, Paul has indicated to me that he would like to set up a trust with any money left over in order to assist others similarly victimized. Nothing will be wasted. Thank you, again.

 

[T Dubya]

Paul has indicated to me that he would like to set up a trust with any money left over in order to assist others similarly victimized. .

That's good to hear. I once joked with Paul that one day I was going to lobby the VCDL to recognize the outstanding VCDL activist of the year and call it the "Paul ******* Memorial Outstanding VCDL Activist" of the year award. Make it a little trophy with a bronze skidmark or something. Setting up a trust just gives me more ammo to lobby for such a thing.

 

[peter nap]

That's good to hear. I once joked with Paul that one day I was going to lobby the VCDL to recognize the outstanding VCDL activist of the year and call it the "Paul ******* Memorial Outstanding VCDL Activist" of the year award. Make it a little trophy with a bronze skidmark or something. Setting up a trust just gives me more ammo to lobby for such a thing.

We've worked on the Trust idea before TD, but it never got off the ground.
I think this case is just the catalyst the idea needs to get it rolling.

BTW, It was good seeing you the other day. Sometimes I forget what the members I only see once a year, look like.:lol:

 

[Grapeshot]

That's good to hear. I once joked with Paul that one day I was going to lobby the VCDL to recognize the outstanding VCDL activist of the year and call it the "Paul ******* Memorial Outstanding VCDL Activist" of the year award. Make it a little trophy with a bronze skidmark or something. Setting up a trust just gives me more ammo to lobby for such a thing.

Immortalized in bronze - he would like that - just not sure that about "Memorial" thing. :lol:

 

[HeroHog]

I'm in and I'm not even a VA resident anymore!

 

[T Dubya]

We've worked on the Trust idea before TD, but it never got off the ground.
I think this case is just the catalyst the idea needs to get it rolling.

BTW, It was good seeing you the other day. Sometimes I forget what the members I only see once a year, look like.:lol:

You too brother Nap. Next time I will get a table across from you guys, but If I were to sit with you all I wouldn't pay any attention to my wife. I'd be getting worked up about the Surry Saga.

 

[paul@paul-fisher.com]

That is pretty cool. I am one of the 5 folks ticketed for disorderly conduct last year in Madison WI and Buckeye Firearm Association sent $2500 in seed money to a group I belong to Wisconsin Carry Inc to help defend us. The deal is that when Wisconsin Carry recoups the money from Madison, they will return it to Buckeye Firearm who will use it for another case with the same deal.

 

[MSC 45ACP]

Poindexter

I'm sure more than a few of you remember the cartoon character Poindexter. He was in Felix the Cat back in the 60's...