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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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OfflineHumility
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Re: Ask a defense attorney [Re: Enlil]
    #16542610 - 07/16/12 11:26 PM (11 years, 6 months ago)

I have a pending court case involving a sworn officer's statement that's filled with lies, two of which I can factually prove though there were many other lies within the story the officer told:



Lie #1 - Officer claims my father made a statement that my father can and will testify in court that he did not make.  This statement is not relevant to my charges but the officer claims my father made negative comments regarding me in an effort to defame my character


Lie#2 - Officer claims in his report that I am a "repeat violent convicted offender with a history of committing similar acts such as this" and I have absolutely zero record in my history.  Nothing has been expunged, no juvenile record, no nothing except moving violations.




The primary charge is resisting arrest and I have a jury trial.  What is my chance of having the officer's credibility, testimony and sworn statements throttled with evidence of two flagrant inaccuracies, one of which are present in the State's own databases?




Further, in my state resisting arrest requires two features -

That an individual "flee from an officer, delay or obstruct an officer from conducting a detention or arrest" and that that action happen "intentionally".


One officer *requested* "Hey buddy, would you like to roll your window down for me a bit" to which I responded that I did mind; he went away and retrieved his superior officer (in the car with him), that second officer requested it in a demanding tone "I want you to lower that window!" and when I attempted to clarify if the second officer was requesting or demanding/ordering he interrupted me and then said (order) "Put that motherfucking window down right now!" at which point I began to do that, then he drew his service weapon on me pointed at my head and screamed at me "DON'T MOVE!!! If you move I'll shoot you in your fucking head/blow your fucking head off."  Officer claims he saw a gun.  There is no proof that I've ever owned a gun in my life, and I'll testify that I have never owned a gun in my life though I did have a costume prop inside of my car that was not defaced at all (orange tip still present) and it is fully legal in my state to have a fully loaded rifle in the car without any registration, license or CCW as long as it's not concealed.


This officer then repeatedly ordered me to roll my window down (move my hands in an area he couldn't see them), to which I told him that I didn't feel comfortable moving because he just told me he'd kill me if I moved.


Traffic stop ended with officer 3 reaching in through my driver's side window (it was down enough for me to pass documents to them, communicate with them and for them to stick their entire arm in through my window), unlocking my door and then opening my door from outside.  The rest of the traffic stop was text-book as I stepped out of the car immediately when commanded and went with them completely voluntarily.






In your experience, you think I'll be able to get 1 juror out of 12 to call bullshit on this?  I don't see 12 jurors finding me guilty of resisting arrest based on the facts of the case, let alone the two factual inaccuracies?


Should I be filing pre-trial motions to have the case/testimony thrown out or do those two lies/inaccuracies not matter until trial?


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Edited by Humility (07/16/12 11:29 PM)


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OfflineHumility
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Re: Ask a defense attorney [Re: Humility]
    #16542632 - 07/16/12 11:31 PM (11 years, 6 months ago)

Also, my state is a unanimous state.  No split jury decisions permitted for conviction.


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Re: Ask a defense attorney [Re: SpecialEd]
    #16545189 - 07/17/12 03:16 PM (11 years, 6 months ago)

Gotta disagree with you on statement 1 Enlil.  If an officer says someone said something and that person comes to trial and says "I never said anything like that" that can't do ANYTHING but hurt the cop's credibility.



I also can't see how you'd steer clear of item 2.  It's a clear factual inaccuracy at best, a blatent lie at worst.



I'm appreciative of your help though man.  I'm gonna tell the PD I want the cop grilled HARD on those two factual inaccuracies.  How many completely bullshit comments can you make in a one-page report that can be PROVEN as FALSE before your credibility is bullshit?

I guess we're going to find out.


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Re: Ask a defense attorney [Re: Enlil]
    #16547326 - 07/17/12 11:11 PM (11 years, 6 months ago)

We'll see dude.  I think it's fully material to my case whether or not there are multiple glaring inaccuracies in the report of the arresting officer at the time of the arrest.


This is why I don't like the "justice" system.  This guy can't write up a report and have half of it be wrong, lying about what witnesses said in reference to my character and such and you or anyone else just say "THAT'S NOT RELELVANT, OBJECT!".



It's ENTIRELY fucking relevant.  Either way I'm going to be okay but you really need to reconsider what you're doing here man.  It's a clear indicator that this "officer of the law" is less than fully veritable, which is what all officers are made out to be.


I'm not saying you're not right in regards to law, but there will be hell to pay for this shit man.  This is downright *rotten*.  There are so many rules and laws about what you CAN'T do to defend yourself from being put into a cage and the karma of that, whether or not you or anyone else believes it, will come back to haunt everyone.


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Re: Ask a defense attorney [Re: Enlil]
    #16548089 - 07/18/12 05:08 AM (11 years, 6 months ago)

I agree.  I don't even know that he did lie.  I also agree it's best to attack his credibility in regards to error rather than intentional deception.


I'll let you know how the case turns out man, it's gonna be some months though.


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Re: Ask a defense attorney [Re: Enlil]
    #16749855 - 08/28/12 05:59 PM (11 years, 4 months ago)

Quote:

cop can call a dog as long as it doesn't unreasonably delay the stop





And in my state that's THREE hours.


The law is full of bullshit like this.  It's immoral, and not in the spirit of what was originally written at all.


All of it is based on violence and force against peaceful people.

The best you can do is hire someone like Enlil to defend you because you will always be ill-equipped to defend yourself against the bullshit these people will throw at you.


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Re: Ask a defense attorney [Re: Humility]
    #16749939 - 08/28/12 06:10 PM (11 years, 4 months ago)

Quote:

People fucked over by the system are a relatively small (and politically inert) group.






You're joking, right?



You have got to be joking...


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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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