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Re: Jailed for taking pictures at Torrey

Postby SamKellner » Tue Dec 30, 2014 8:11 am

dhmartens wrote:Good officiating in San Diego at Holiday Bowl.


Let's hope the same is true in the court room.
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Re: Jailed for taking pictures at Torrey

Postby wingspan33 » Tue Dec 30, 2014 11:33 am

bobk wrote:
wingspan33 wrote:Could be that luck won't have to come into play,
And honest justice will Rule The Day!


Poetry from a hang glider pilot??      :shock:


I've been a poet since my late teens. The above ditty added about 30 seconds to a few thousand hours of my original lyric/poetry writing. I figure that many members here also have hidden/unknown talents. :D :shh:

Here's a quick one for you. To stick with the involved thread "characters" you can think of Robin Marien as Captain Cas'dy ( :lolno: :eh: ).

Captain Cas'dy

Captain Cas'dy,
was often quite far out to sea.
But when he returned to port,
his personal relations, would oft' abort,
'cause he was always so cranky and orn'ry.
But if anyone 'ad taken time to ask,
he'd have put them to the task,
and showed them his hands,
which were often quite chapped and nas'dy

(copyright - S. C. Wise)
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Re: Jailed for taking pictures at Torrey

Postby Bob Kuczewski » Tue Dec 30, 2014 11:46 pm

wingspan33 wrote:The above ditty added about 30 seconds to a few thousand hours of my original lyric/poetry writing.

It was a good 30 seconds!!!
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Re: Jailed for taking pictures at Torrey

Postby Bob Kuczewski » Tue Dec 30, 2014 11:59 pm

For anyone following the trial, it's been continued again until mid January.

Two people testified today - myself and Ken Bryenton. Ken had come down from Canada, and the judge was very generous in allowing him to speak since he might not be here for the next session.

Most of the 2 and a half hour session was taken up by Robin's lawyer calling me to the stand. At one point, I requested that the judge watch the video so she would have a better point of reference for my testimony. The judge agreed and over-ruled Robin's lawyer's objections. We took a 15 minute recess while the judge watched it, then my testimony continued. Near the end of the session I mentioned that Ken had come from Canada to speak and he might not be available for the next session and asked if he could speak. The judge was very gracious and heard Ken's testimony.

One unusual event happened during my testimony. While I was on the witness stand, I saw Doug Poirier (sitting in the back row) take out his cell phone camera and take a picture. Photographs are prohibited in that courtroom and the prohibition is clearly posted. So while on the stand I spoke up about what I saw, and the judge sent the bailiff to ensure that Doug Poirier deleted that photo.

In a sense, this little incident was a perfect metaphor for what actually happened on November 9th. In both cases I had seen something wrong, brought it to the attention of people in charge, and as a result it was corrected.

I won't go into too much more about the trial, but I am hopeful that it will conclude at the next session in mid January.
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Re: Jailed for taking pictures at Torrey

Postby JoeF » Wed Dec 31, 2014 8:39 am

https://www.infinitysecurities.com/abou ... ug-poirier

And
Frosty ... dog and Doug: Rescued dog loves to fly
Frosty and his owner go paragliding together
Is that a tandem flight?
===================
And spices from 2010
2010PGforum001.JPG
2010PGforum001.JPG (102.29 KiB) Viewed 6095 times


Well, if the court did not jail DP for breaking the court's regs.... then the court may not neg a citizen for taking pics when taking pics at park was not breaking any reg.
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Re: Jailed for taking pictures at Torrey

Postby SamKellner » Wed Dec 31, 2014 9:36 am

Thanks Ken Thanks #5

:clap: :clap: :clap:

:wave:
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Re: Jailed for taking pictures at Torrey

Postby wingspan33 » Thu Jan 01, 2015 12:19 pm

Yo Bob!

Since your video has now been seen by the Court, do you think you can now post it here (or to YouTube?) where we can view it? :)

Just wondering, . . . :roll: :?:

Oh, and I hope you are having a nice first day of the New Year!
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Re: Jailed for taking pictures at Torrey

Postby Bill Cummings » Thu Jan 01, 2015 1:18 pm

Quote: (wingspan33)
“------Since your video has now been seen by the Court, do you think you can now post it here (or to YouTube?) where we can view it?”

My sense is that to post the video before the Judge’s decision could be perceived as prejudicial. Perceived as an attempt by the defense to allow the, “court of public opinion,” pressure the Judge in her decision.

As much as I would like to see Bob’s video of the alleged assault last month, not angering the Judge could well be the most favorable course of action for the defense.

Allowing the video into evidence over the prosecution’s objection will allow the defense to point out things that even I missed on the still pictures during my first viewing at the start of this thread. Things like the reflection in the sunglasses showing Bob with his left hand in his pocket and his other hand holding his camera. Until someone else noticed this and pointed it out to all I would have missed it. First the Prosecution then the Defense will get their turn.
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Re: Jailed for taking pictures at Torrey

Postby wingspan33 » Thu Jan 01, 2015 4:28 pm

Bill,

As I Understand things the "other side's" lawyers did get to question Bob after the judge saw the video. I'm not positive about that, but I think I'm correct. Now, if I'm wrong I would go along with what you have said.

One thing is likely, however. If Bob were to put up a copy of the video, how would the judge learn of it? The "other side's" lawyer can not communicate with the court without Bob (or his lawyer) being present. So, the judge would have to mysteriously "find" the posted video all on her own. That is quite (very) unlikely.

As to the "Court of Public Opinion" it's kind of hard to say which way that court would view what they see in the video. Those that don't like Bob will see what they want, and those on Bob's side, will see things from that perspective. Objective and open minded people will be the best "judges" of what it shows. The same should be true of the actual Judge in the case.

One other factor is the Trespassing Charge. Bob may want to hold the release of the video until after that issue has been heard by a judge. But then it sounds like the City of San Diego has decided to violate Bob's right to Speedy Trial regarding that charge. And that situation sounds to me like a form of coercion to me - which, in and of itself, is illegal.

By not allowing Bob his day in court, and instead holding the Trespassing Charge over his head, the City of San Diego is attempting to intimidate Bob. In so doing, they hope to avoid a charge against (them) the City Police for False Arrest, Misconduct/Harassment etc. As it is, Bob has a pretty good case for Intimidation/Coercion as well as False Arrest, Police Misconduct/Harassment etc.

Every citizen anywhere in the US has a right to their day in court. One glitch connected with that "right" is a form that the police often ask you to sign. That being a Waiver of the Speedy Trial Requirement.
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Re: Jailed for taking pictures at Torrey

Postby Bob Kuczewski » Thu Jan 01, 2015 4:49 pm

Excellent analysis!!!

I think you're both right, but based on the advice of my lawyer I'm not posting the video at this time.

This entire process has given me a lot of insight into our system of justice. But I won't have the "takeaway message" until the judge issues her decision. I want to be very careful not to prejudice her decision, so that's why I've been generally quiet about this case. I will have a lifetime to review it later, so I can wait a bit to get started. :)

Thanks for all the posts and discussions about this case and the related issues. It's conversations like these that help to bring about change, and I look forward to the time when I can join in with more freedom.

:thumbup:
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