courts | I'm Surrounded By Idiots

Nothing illegal here. Move along, move along…

From NBC 4 in Washington, D.C.: Lawyer For Jailed Priest Says Case Is A Church Matter:

The attorney for a Virginia Catholic priest suspected of stealing from two churches wants the theft charges dropped because he claims the matter is an internal church affair outside the legal system’s jurisdiction.

The Rev. Rodney L. Rodis faces 13 charges of stealing as much as $1 million while he was a pastor of Immaculate Conception Catholic Church in Bumpass and St. Jude Catholic Church in Mineral.

Rodis’ lawyer, John R. Maus, filed a motion in Louisa Circuit Court last week to dismiss the charges, arguing that the U.S. Constitution bans the government from interfering in church matters.

According to the motion filed, church law grants a pastor a certain authority to handle money for the two churches.

“Whether his use of such funds exceeded his authority as administrator of these parishes will necessarily involve this court in the interpretation and application of (church) law,” the motion states.

R. Don Short, Louisa County’s commonwealth’s attorney, disagrees. “I don’t think the fact that you’re a priest immunizes you from criminal prosecution,” he said.

[…]

Rodis is accused of stealing donations from 1995 until his retirement last year.

Parishioners have said that Rodis handled much of the donation money personally. Investigators claim he deposited some donation funds into a Fredericksburg bank account set up in the churches’ name without the congregations’ knowledge and used the money for other purposes.

[…]

William Etherington, a lawyer who represents the Richmond Diocese, thinks Maus’ argument is off base.

“I don’t think the First Amendment says that,” Etherington said.

He likened the argument to someone trying to claim that child-molestation cases should be handled as an internal church matter. “That’s crazy,” he said.

At least the church is smart enough to tell the lawyer to buzz off. The reverend (shouldn’t it be Father?) must really be guilty if this is the best a lawyer can come up with. What next, “the devil made me do it!”?

I’m guessing the phrase “equal protection” doesn’t mean anything to you… Part 2

See previous article

From the Richmond Times-Dispatch: Kaine, GOP united on traffic fines:

Virginians will have to put up with new, stiff fines for bad drivers at least until early next year.

[…]

They’re now immune because Kaine and lawmakers this year agreed the fines would be difficult to collect from non-Virginians — a feature of which some legislators said they were unaware.

Read the legislation I’m voting on? Parish the thought!

“Being for driver safety is a good thing,” said Kaine. “We need to study it in a deliberate way before we rush into it.”

What the hell kind of line is that? Is someone going to say they’re for bad driver safety? I’m sure these fines are going to slow people down on I-95.

Kaine and Howell, accompanied by transportation and safety advocates as well as the Republican majority leaders of the House and Virginia Senate, emphasized that Virginians need not fear the controversial fines if they drive safely.

Here’s hoping all of you get tickets, you corrupt asses.

Howell and Senate Majority Leader Walter A. Stosch, R-Henrico, suggested that bloggers, the news media and a confusing overview of the law on the Virginia Supreme Court Web site have contributed to public misunderstanding.

“Those damn bloggers! Exposing our actions like that!” Where have I heard that before?

“I don’t feel we dropped the [public relations] ball,” Howell said. “This has been a storm that no one anticipated.”

Because someone found out about it. You thought you could hide in your offices, vote on bills, and no one would notice what’s in them.

The unlikely display of bipartisanship at a state Capitol news conference was aimed at quelling a spreading voter revolt, largely via the Internet, that potentially threatens some legislators in fall elections for the House and Senate.

Unfortunately for me, no one is running against McDougle or Wittman.

[…]

A growing number of legislators, most of them Republicans, have urged Kaine to order the General Assembly into special session this summer to revise the penalties, some of which could cost drivers thousands of dollars over three years. Felony offenses, such as reckless driving, carry a $3,000 fine.

I thought you wanted them fix, Kaine, you lying bastard. You just want people to totally forget about it by next year. If there’s a problem, why wait?

House Majority Leader H. Morgan Griffith, R-Salem, told reporters he believed the Virginia courts would rule that it is constitutional for the state to limit the penalties to Virginians. Griffith, a lawyer, who — like Albo — handles traffic cases, said the new law could cut into his business.

“We’re going to tell our clients, ‘Hey, I’m not going to challenge its constitutionality. You may want another lawyer,'” said Griffith. “It’s going to cost us a few clients.”

You’re so full of it. They’re going to hire you in the hope of being found not guilty or negotiating a plea deal for an amended charge you weasels.

Here’s hoping the people that voted for this get their asses kicked in November.

Dissecting an article, line by line…

From the AP via My Way: Plame Lawsuit Dismissed in CIA Leak Case:

Plame, the wife of former Ambassador Joseph Wilson, had accused Vice President Dick Cheney and others of conspiring to disclose her identity in 2003. Plame said that violated her privacy rights and was illegal retribution for her husband’s criticism of the administration.

Poor babies, you attack someone (by lying) and you’re supposed to be a protected class. Grow up.

U.S. District Judge John D. Bates dismissed the case on jurisdictional grounds and said he would not express an opinion on the constitutional arguments.

Bates dismissed the case against all defendants: Cheney, White House political adviser Karl Rove, former White House aide I. Lewis “Scooter” Libby and former Deputy Secretary of State Richard Armitage.

Why is it the real leaker, a gossiper, is the last one named?

[…]

Plame’s identity was revealed in a syndicated newspaper column in 2003, shortly after Wilson began criticizing the administration’s march to war in Iraq.

Criticizing the administration by lying, The Honorable Joe “I didn’t even file a written report” Wilson.

[…]

“This case is not just about what top government officials did to Valerie and me.” Wilson said in a statement. “We brought this suit because we strongly believe that politicizing intelligence ultimately serves only to undermine the security of our nation.”

Politicizing intelligence like you did?

Bates also sided with administration officials who said they were acting within their job duties. Plame had argued that what they did was illegal and outside the scope of their government jobs.

If it was illegal, why isn’t Armitage in prison right now? Apparently, rebutting criticism is against the law if done against The Honorable Joe Wilson.

[…]

Bates, a former Whitewater prosecutor, was appointed to the bench in 2001 by Bush.

He better hide from the media and the “nut roots“.

Justice in Caroline? Nope, just nolle prosequis.

From The Caroline Progress (print edition): Circuit Court–July 10 [emphasis mine throughout]:

Eric Childs, of Ruther Glen, was charged with four counts distribution of cocaine from separate incidents on Sept. 13, 2006, Sept. 20, 2006 and Nov. 6, 2006. He was arrested on April 17 following a direct indictment by Caroline County Grand Jury. Two of the charges were nolle prosequi. Childs pleaded guilty to the other two felony charges and is scheduled for a sentencing hearing on Sept. 25.

Paul David Ferguson, of Ruther Glen, was charged with felony credit card fraud from an incident on April 22, 2006. He was arrested on May 5, 2006. The charge was nolle prosequi.

Saleem R. Stevens, of unknown address, was charged with felony possession of controlled substance from an incident on Dec. 2, 2004. He was arrested on Jan. 9 following a direct indictment by Caroline County Grand Jury. The charge was nolle prosequi.

From The Caroline Progress (print edition): General District Court–July 13 [emphasis mine throughout]:

Edward Carl Pinkney, of Woodford, was found guilty of misdemeanor trespassing from an incident on March 10. He was arrested on March 25 by Caroline County Deputy Ketchem. Pinkney was originally charged with felony burglary and grand larceny, but the burglary charged was amended and the grand larceny charge was nolle prosequi. He was sentenced to 12 months with 12 months suspended on the amended charge.

Donald Grabenstein, of Rappahannock Academy, was charged with assault and battery from an incident on June 17. The charge was nolle prosequi.

Ernest W. Deviers, Jr., of Fredericksburg, was charged with assault from and incident on June 17. The charge was nolle prosequi.

Nice to see that Harvey Latney chooses not to prosecute drug dealers, credit card defrauders, grand larcenizers, and assault and batterers. Am I the only one that thinks there needs to be a change in this county?

Former University of Mary Washington president’s trial delayed

From Fredericksburg.com: Frawley’s trial posponed [sic]:

Ousted University of Mary Washington President William Frawley won’t be tried in Fredericksburg tomorrow on a DUI charge as scheduled.

Fredericksburg Common wealth’s Attorney Charles Sharp said the reason for the delay is that the prosecution is still awaiting Frawley’s blood test results from Mary Washington Hospital.

Frawley is also charged in the city with refusing a Breathalyzer test.

He said he expects Frawley’s appearance at Fredericksburg General District Court to be rescheduled for sometime in September.

Frawley was fired at the end of April after he was charged with driving under the influence twice in two days.

The first charge occurred April 10 in Fairfax County, where he flipped a university-owned vehicle. His court date at Fairfax County General District is scheduled for Sept. 21.

The second occurred the next day in Fredericksburg, after a woman reported seeing him driving in a car with a missing front tire.

How awfully convenient. Three months and they’re still waiting for blood test results? That’s a real go-getter there as Commonwealth’s Attorney.

"The first thing we do, let’s kill all the lawyers." Part 2

From The Salt Lake Tribune: Utah Justices dismiss ‘absurd’ sex prosecution of pregnant 13-year-old girl:

The Utah Supreme Court on Tuesday threw out a sex-abuse finding against a then-13-year-old Ogden girl who became pregnant by her 12-year-old boyfriend, ruling unanimously that treating her as both a victim and a perpetrator for the same act had created an “absurd result.”

The girl, identified as Z.C. in court records, was found guilty of violating a state law that prohibits sex with someone under 14. She also was the victim in the case against her boyfriend, who was found guilty of the same violation by engaging in consensual sexual activity with her.

Writing for the court, Justice Jill Parrish said the Utah Legislature “clearly could have intended some degree of simultaneous culpability for both Z.C. and the 12-year-old boy under the fornication statute in order to discourage their admittedly reckless and age-inappropriate behavior.”

However, she added, legislators could not have meant to punish both adolescents for child sex abuse. “The primary fail-safe against the absurd application of criminal law is the wise employment of prosecutorial discretion, a quality that is starkly absent in this case,” Parrish wrote in a footnote.

Matthew Bates, an assistant state attorney general, said that neither adolescent was charged with a crime.

Rather, Weber County prosecutors filed delinquency petitions against the girl and boy as a tool to get services for them, he said. “The intent from the beginning was to help these kids,” Bates said.

What a bunch of geniuses. Now if only the courts in Georgia had this much sense. And Mr. Attorney General maybe you should check the definition of “delinquency” with which these two kids were charged with.

From Black’s Law Dictionary (Third Pocket Edition): delinquency, n. 1. A failure or omission; a violation of a law or duty.
From Juvenile Justice: Policies Programs, and Policies (First Edition): Delinquent act – Any behavior committed by a juvenile that would have been a crime if committed by an adult.

There are other ways to provide services to these two kids than charging them with a crime.

Hat tip: Ace of Spades HQ

“I’m shocked, shocked to find that there is dog fighting going on here!”

From the Richmond Times-Dispatch: Vick indicted in dogfighting case:

NFL quarterback Michael Vick and three others were indicted this afternoon by a federal grand jury in Richmond on charges of interstate conspiracy to sponsor a dogfighting venture, authorities said.

The others named in the indictment are Purnell A. Peace, Quanis L. Phillips and Tony Taylor.

The indictment comes as part of a federal investigation into alleged dogfighting activities at a property owned by Vick in Surry County.

The investigation began more than two months ago when a cousin of Vick’s was arrested on a drug charge in Hampton. The cousin gave as his address a house owned by Vick in rural Surry.

Well, obviously it is just because he’s black as Vick’s attorney has previously pointed out. Or maybe because you can get a grand jury to “indict a ham sandwich”?

I’m guessing the phrase “equal protection” doesn’t mean anything to you…

From the Richmond Times-Dispatch: Kaine: fees only for Va. motorists:

Gov. Timothy M. Kaine’s office was behind the exclusion of out-of-state motorists from new hefty driving fees that have generated considerable outrage around the state.

Republican members of the General Assembly have taken most of the heat, but their original transportation bill in this year’s General Assembly session included out-of-state motorists.

[…]

“We feel Virginians’ concerns,” said Hall, who added that Kaine would work with the assembly next year in trying to find a way to include out-of-state motorists.

[…]

The fees cover not only serious driving offenses but many misdemeanors. For instance, a reckless-driving conviction mandates $1,050 in fees over a three-year period — as does a misdemeanor conviction for failure to give a proper signal.

Any felony conviction results in $3,000 in fees, in three annual payments, on top of court-imposed penalties. Most misdemeanors, including driving with “below-standard tires,” amount to $900.

The fees have stirred outrage and an online petition drive that has garnered close to 100,000 signatures. Petitioners appear most upset that the fees apply only to in-state motorists.

[…]

Albo and others have been promoting bad-driver fees for three years. Kaine endorsed them last year and again this year in his State of the Commonwealth address.

What a bunch of geniuses. I hope, Governor, that you have set aside some money for the (hopefully) soon to be filed federal lawsuit. Not to mention, that the fines that would normally go to the local jurisdiction will probably be suspended by the judge now. Nothing like a Northern Virginia/Hampton Roads money grab.

For those who didn’t know, Delegate David B. Albo (R-Fairfax), is a lawyer, and co-founder of a law firm that specializes in the defense of traffic offenses. No conflict of interest there, eh?

Looks like a duck, swims like a duck and quacks like a duck…

It must not be a duck, from Los Angeles’ CBS 2: Rape Trial Order Angers L.A. Victim’s Family:

The father of a San Fernando Valley college student said his daughter is being railroaded by a Nebraska judge who has ordered her not to use the word “rape” on the witness stand at the trial for a man accused of having sex with her against her will.

[…]

Last week in Lincoln, Neb., Tory Bowen was ordered by a judge to sign a written order that would compel her not to use the word rape at the retrial of the man accused of having intercourse with her when she was intoxicated.

[…]

A jury at his first trial could not return a verdict, and at a pretrial hearing for the retrial, Lancaster County District Court Judge Jeffre Cheuvront ordered all witnesses to avoid the words victim, assailant and rape, and to not use the terms sexual assault kit or sexual assault nurse, at the second trial.

George Orwell would be proud.

Hat tip: Ace of Spades HQ