Monday, November 2, 2009

Update on Legal Case

*** Update below ***

Many have written asking if there were any news on my husband's court case, but there hasn't been any. For months, the prosecution has delayed the court hearing again and again. Back in August, the hearing was vacated because the judge assigned to this case was called into question. The hearing to rule on whether or not that particular judge should handle this case, or else which judge should, is scheduled for this morning at 9 AM, two and a half months later. Obviously, the prosecution is in no hurry because they get paid to harass people in court all day long.

Of course, several weeks ago we exceeded the 180 days that the prosecution has to bring charges against my husband. He has never once filed for a continuance or caused any other delay. My husband's attorney filed a motion to dismiss the case because it exceeded the requirements for a speedy trial, but this motion cannot be ruled on until they settle on who the judge assigned to this case is.

Hopefully, they will come to some conclusion about that today, as well as ruling on the motion to dismiss. We'll keep you posted later on today. Thank you for your continued support!

Update: The court ruled to leave the judge that has been assigned to this case, against the prosecutor's motions. As it stands, this is the third judge handling this case, after the first one recused herself, and the second judge then passed the case off to this third one.

After that was decided, the judge did not rule on the motion to dismiss the case based on it having been more than 180 days without a trial because the prosecution has until tonight to file their response to our motion. She should be ruling on it later this week.


9 comments:

  1. Thanks for the update. That's a nice new family picture; are you pregnant or is it just the angle?

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  2. Praying that all is well. Sorry your family had to go through all of this. God bless.

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  3. Anonymous,

    Thank you. No, I am not pregnant (as far as I know). I was standing sideways and turning to the camera at the waist while holding Miriam on my hip - apparently not the most flattering pose! :) Family portraits only get harder to snap as there are more and more of us.

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  4. Sounds to me that the Prosecutor is just stringing this along. The judge should have just dismissed the case.

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  5. Ah, pregnancy is beautiful.

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  6. What a beautiful family! God Bless you - I have 4 children of my own and loved it! They just grow up too fast!

    Could you ask your husband if he would contact me about a radio show interview at indianapreppers@yahoo.com.
    Sorry to leave it this way but couldn't figure out another way to email him. My name is Erin.

    Thank you and bless you both for your work!

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  7. The Lord, patience, perseverence and passage of time will get you and the Pastor through the lawsuit.

    Our government, including the justice/legal system, has deteriorated from its birth and peak of Limited Power, Liberty and other virtues to present disgrace like a new planned city delapidated into a slum taken over with rats and trash.

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  8. I wish you and your family the best of wishes. Have a great Thanksgiving and a merry christmas

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Your KINDLY WORDED, constructive comments are welcome, whether or not they express a differing opinion. All others will be deleted without second thought.