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It's official, MKEGal charged with 941.23

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Finally...Is there a method to change the display of posts to reverse chronological? Readers shouldn't need to wade through years old stuff to get to the breaking news.

Yes you can always go to the last post. Even if you start on page one you can go to the last page.
 

apjonas

Regular Member
Joined
Jun 11, 2006
Messages
1,157
Location
, ,
True, however

Yes you can always go to the last post. Even if you start on page one you can go to the last page.

It seems more useful to have the latest and greatest appear when you choose a thread. But if most people prefer newest last then who am I to complain?
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
Do we have any idea what the thinking of the jury was? Did it reject the Walls doctrine or simply think it didn't apply to this set of facts?
Krysta had stated months ago that Walls would not be part of the jury instruction. In other words, Walls had zero influence on this case in spite of the prosecutor's desire for it to be. The jury was likely oblivious to it.

Finally, we won the motion for jury instructions that will keep Walls out of at least my trial. The judge didn't allow the DA to add anything to the current instructions. (He'd wanted to include language from Walls saying that if it's not visible from outside the car it's concealed.) .
 
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MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
apjonas said:
Do we have any idea what the thinking of the jury was?
Did it reject the Walls doctrine or simply think it didn't apply to this set of facts?
The prosecutor tried as hard as he could to get around the judge telling him he's not allowed to use the language of Walls, at least in jury instructions.
But he actually argued (to the jury) that since the officer standing behind me & to my left, outside my car, couldn't see the pistol carried in front of my right hip it was "concealed to ordinary observation".
I think the jury understood that "ordinary observation" does not include X-ray vision, which would be required to see through a person, even without a car seat in the way too.

I understand that Rebecca will be sending the jury a thank-you letter, asking them to explain their reasoning, and that usually about 1/3 respond.

A couple of comments that "The system did not work.." - The "system" generally does work.
It's just that about 50% of the people don't like a given result.
I think the argument being put forth is that the system starts with the cops following the law (which they swore an oath to uphold, right?) & respecting our rights, which didn't happen here. They should not be opinion enforcement officers, whether it's their own opinion or that of their boss.

(They parroted almost word for word Flynn's remarks. "If we see someone with a gun, we will take it away from them, then decide if they're allowed to have it". Only thing the officers left out was Flynn's "put them on the ground", between "will" and "take".)

The system is also supposed to include a DA who knows the law, understands that new law supercedes old law, & if a ruling is based in part or in whole on a particular law, & that law changes, then the ruling is (at least potentially) no longer valid, as in this case.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Some people have asked about expenses.

me said:
I'm also waiting to hear that the municipal charge of loitering has been dropped, since it's based on the same bad info.
Apparently they're not going to drop it.
Color me astonished.
I thought their argument was based on the claim that I "concealed something connected with a crime", which I've just been found not guilty of in criminal court, so how do they think they can prove it in civil court?

She says that if they do persue this, there will be more expense, but as for the main event apparently she's satisfied.
I'm very surprised. Pleased, but surprised.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Loitering? REALLY LOITERING with permission of the business owner and after smacking them on the "concealed by her body" charge?

They're running scared of a civil suit I guess.
 
M

McX

Guest
what color is astonished? an off shade of green? someone once told me; you can be charged with anything, being convicted is another story. apparently they havent learned their lesson(s) yet. That's ok, that's what they make Judges for.

on a personal note we are in the process of spanking the left on a legal matter, even as we speak. they want to deal, and talk, we dont, that's why we hired a lawyer. they dont seem to understand that.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
I didn't know you could loiter in your own car; is that what everyone is doing while stopped at red lights? They are loitering.

Some people have asked about expenses.


Apparently they're not going to drop it.
Color me astonished.
I thought their argument was based on the claim that I "concealed something connected with a crime", which I've just been found not guilty of in criminal court, so how do they think they can prove it in civil court?

She says that if they do persue this, there will be more expense, but as for the main event apparently she's satisfied.
I'm very surprised. Pleased, but surprised.
 

1FASTC4

Regular Member
Joined
Dec 8, 2007
Messages
505
Location
Tomahawk
Do we have any idea what the thinking of the jury was? Did it reject the Walls doctrine or simply think it didn't apply to this set of facts?


What basis is there for a civil suit/civil rights complaint? Under the law of the Wisconsin and the latitude given law enforcement, the arrest and prosecution were not unreasonable.

I wholly disagree. Can you support this?
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
what color is astonished? an off shade of green? someone once told me; you can be charged with anything, being convicted is another story. apparently they havent learned their lesson(s) yet. That's ok, that's what they make Judges for.

on a personal note we are in the process of spanking the left on a legal matter, even as we speak. they want to deal, and talk, we dont, that's why we hired a lawyer. they dont seem to understand that.

They learned their lesson quite well. If you don't like something even if it's legal persecute by trail. An innocent person is out a lot of time and money.
Who cares if it's a not guilty verdict. They win either way.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Loitering? REALLY LOITERING with permission of the business owner and after smacking them on the "concealed by her body" charge?

They're running scared of a civil suit I guess.

This latest "joke" may well have just upped the ante rather than diminished any potential liability, particularly since the business owner is on record as testifying for MBKgal at the now completed trial.

Malicious prosecution?
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
See Milwaukee ordinance 106.31-1, starting on pg. 12 here:
http://cctv25.milwaukee.gov/netit-co...h106/CH106.pdf

I think they're pinning their hopes on 2 things:
"refuses to identify himself or manifestly endeavors to conceal himself or any object"

OTOH, I look to the end of that paragraph:
"No person shall be convicted of an offense under this section if ... it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm"

Now IANAL, but it seems pretty clear that my giving an explanation which was true is a defense against being convicted for any offense under 106.31-1, including not initially giving my name.
(I did eventually tell them where to find my DL, which confirmed my identity to them.)
Seeing as how there's sworn testimony from the coffee shop owner saying that what I said was true, I don't see why they're not dropping the charge.
Stop wasting money & time on something they won't win.

BTW, John says it's BS and asks if they want to be sued again. :rolleyes:
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
See Milwaukee ordinance 106.31-1, starting on pg. 12 here:
http://cctv25.milwaukee.gov/netit-co...h106/CH106.pdf

I think they're pinning their hopes on 2 things:
"refuses to identify himself or manifestly endeavors to conceal himself or any object"

OTOH, I look to the end of that paragraph:
"No person shall be convicted of an offense under this section if ... it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm"

Now IANAL, but it seems pretty clear that my giving an explanation which was true is a defense against being convicted for any offense under 106.31-1, including not initially giving my name.
(I did eventually tell them where to find my DL, which confirmed my identity to them.)
Seeing as how there's sworn testimony from the coffee shop owner saying that what I said was true, I don't see why they're not dropping the charge.
Stop wasting money & time on something they won't win.



BTW, John says it's BS and asks if they want to be sued again. :rolleyes:

I wish you could sue them for all court and lawyer fee's, maditory training (from you), a public appology from the officers involved (on the local news), and enough for a new toy to use at the range.
 
M

McX

Guest
BTW, John says it's BS and asks if they want to be sued again.


that's a big 10-4 there good buddy.
 

pfries

Regular Member
Joined
Jul 8, 2012
Messages
182
Location
East Tennessee
Krista,
If you need more in your legal fund to ride this to the end let me know, I will set some aside each pay day, your plight is not over until you beat all the charges and show that the harassment needs to stop. I find it utterly contemptible that they would continue on and pursue this avenue of attack.
 
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Law abider

Regular Member
Joined
Aug 17, 2011
Messages
1,164
Location
Ellsworth Wisconsin
NOT GUILTY!!!!!!
Now, how many dancing monkeys can I throw in here?
:monkey :banana: :monkey :banana: :monkey :banana:

YESSSSSS!!!! I know one thing that the leos and their dept may harden their hearts like Pharaoh of Egypt when Moses and Arron asked him to let the people go. I hope not MKE but your case and your determination to follow the constitution may get them more inflamed. Maybe more lawsuits will follow. Maybe they will try their dirty tricks again. You and now many there have a target on their backs. Here in my mom's town of Prescott where my leo friend lives, he told me that the chief does not believe in the second amendment. My leo friend had to straighten him out.

On another note the FFL holder who owns our local hardware store when I told him about my gun being sent to his store, totally changed his demeanor. What do you make of that? May be I am too full of conspiracy theories thinking he will do all he can not to let me have my gun, bec it it a large revolver etc...

MKE you have put yourself in the leadership position regarding OC etc...
 
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