For you ADVRider guys coming in I see you in my tracker the conviction and possible New Trial matters are all linked, with courtroom videos here. And I spoke with William Hawksley here.
Note: Defense Attorney Kaye (who rides an '01 Bonnie) informs me regarding the issue of Officer Stahl being on a Laurie list (read here) that the Court sealed his Motion and will conduct an in camera review of the officer's personnel file to determine if the exculpatory evidence rises to the level where a New Trial or Set Aside of the Verdict is warranted. As a lawyer I hated in camera reviews because you can't be there to review the material with the Court. And as noted in other journal entries you simply cannot trust New Hampshire law enforcement, starting with Kelly Ayotte and now Mike Delaney on down the chain. And further, why seal the motion instead of redacting the names? Isn't it in the public's best interests to know? This is where media with the big guns and big money needs to sue to have this information released.
In the present case I noted the rule 98 violation that kept their expert from testifying, now we have a 15 Nov. 2012 filing of Notice of Discovery violation. Officer Eugene Stahl has been dishonest, as noted above by way of information contained in a post hoc Laurie disclosure, 139 NH 325 (1995). So whether or not Stahl was dishonest in this instance I don't know but the Defense was denied the opportunity to cross him on it and it is axiomatic that truthfulness and credibility is always material when a witness is on the stand. For crissakes what if he lied about something even remotely similar to this case, then you could have a very different outcome if the Jury placed a fair amount of reliance on his testimony in reaching its Verdict. If I were in Attorney Kaye's position I would have a New trial motion and Demand for Full Disclosure in the Courthouse on Monday at 9:00 a.m. All I could find on Lexis on him however is Saviano v. NH DMV, 151 NH 315 (2004) see the comments. From the NH Bar Journal "Judicial Journey of David A. Brock," winter, 2007:
For many years courts have been plagued by questions concerning the use of exculpatory evidence in the trial of criminal cases. The prosecution’s duty when it is in the possession of such evidence and the materiality of the evidence provided the subject matter for State v. Laurie, 139 N.H. 325 (1995). In crafting the majority opinion for the court, Chief Justice Brock concluded that if a defendant could show that the government “knowingly withheld” exculpatory evidence, then the state would bear the burden of proving beyond a reasonable doubt that the disclosure of the evidence would not affect the verdict. Laurie, 139 N.H. at 330.This my friends is the legacy of New Hampshire law enforcement that is fundamentally flawed from the top down and it all ties in with why former NH AG Kelly Ayotte hates me so much that she and Nashua PD banned me from her publicly-advertised campaign events. You simply do not get this type of detail and analysis in the mainstream press so people like Ayotte and her buddies John McCain and Joe Arpaio try to shut me down. We are in the Federal Court of Appeals over that after the lower court whitewashed the facts, here's my brief. The AG's office spends too much time going after innocent people like Cody Eller's other defense lawyer Ross McLeod and me (I crushed her when I was NAACP Legal Chair in NH, in part using Laurie Discovery) while ignoring the real criminals like Franconia's Bruce McKay, sad to say.
My gut feeling is that Cody Eller will walk or be convicted of reckless conduct, in part because the State's investigation was not as thorough as it should have been. Also recall the Rule 98 issue where the State's expert witness production was overruled (Motion in Limine granted) because the State did not produce the information on time.
My fundamental problem with the Defense case is twofold:
One, that we are to believe that an experienced rider on a road he knows like the back of his hand somehow failed to negotiate a simple pass and had to duck back into Cody Eller's lane so hard that he crushed his own leg, and
Two, the Officer who stated that Cody Eller told him "I was not going to let him pass," in conjunction with witness Chiasson's observation that the Eller car sped up as William Hawksley started to pass as the passing lane expired going up the hill.
My problem with issue number one is that no one mentioned the phantom SUV being on the road until Cody Eller met with his accident reconstructionist. Therefore if there was no SUV (and even if there was -- unless it was 3-400 feet before them) William Hawksley could easily complete a pass against any car at any point of that road given the performance envelope of a Kawasaki ZX-14. Now that having been said, a Jury verdict of acquittal doesn't mean that the Jury buys argument number one, but it would mean that the State failed to meet its burden to DISPROVE that theory by a Reasonable Doubt Standard. All clear?
This would be much easier for me to convey if certain members and admins had not engaged in knee-jerk reactionary politics and played Lord of the Flies and booted me off. Whatever, I still follow through on what I fucking said I would fucking do, which was to ride my bike to the trial, provide professional coverage and commentary and inform the general and motorcycling community. Those of you who don't like that.... can kiss my black ass.
14 February Garage 71 radio show for you fucktards at NESR: Brian wrote back, here it is, go to 14 Feb. 2012 Rumblings program, my portion starts at 11:00 in.
"....King, a motorcycle activist, is the only guy right now in the news media who is still following the Cody Eller case..."
29 Dec. Update: You cool cats from ADVRider welcome in, no updates since this one in Nov.... I believe there is a hearing toward the end of January 2012 it's just a scheduling conference but I have to try to stay on top of this shit because you know his lawyer will try to work a Deal and keep the little bastard from out in front of my cameras. You uncool cats at ADVRider, well, as some folks noted I have no idea WTF you hated on me so much, all I've done for most of my adult life is to fight for the little folks.
A Friday afternoon in Nov. update: Not surprisingly Cody Eller and his attorneys have again waived the public appearance. At some point however he will have to appear in an open court of law, and my KingCast Canons will be blazing. As for today you can read the Cody Eller First Degree Assault Indictment and no, I don't hate to say "I told you so." I hope the Grand Jury foreman rides a bike. If he goes to trial I hope every Juror rides a bike or has someone in their immediate family who does. Remember, in NH this is quite possible. How many peremtory or for cause strikes can they get? Is riding a bike or knowing a biker good enough for cause? The mind boggles. Anyway it was a beautiful ride up and back to Nashua except the heated grips have decided to take a Holiday, might as well just replace them entirely as opposed to diagnosis, right. Other than that the Triumph just sang its little heart out up and around the Route 2/I-95/I-93 loop, all them horses showed up to work....it was pulling so hard in the chilly air in 6th I kept trying to upshift thinking it was 5th LOL.
New KingCast Motorsports movie coming tonight, 17 Nov. 2011 and Cody Eller Courtroom video tomorrow. When I told Demented Cycles owners Kevin and Charlie Russell about how Cody Eller intentionally rammed his car into a motorcyclist and shattered his leg, their jaws just about hit the ground.
Cody Eller was indicted on 26 October, 2011 and his arraignment on First and Second Degree Assault and Reckless Conduct for intentionally running his car into William Hawksley on his Kawasaki ZX-14 is currently scheduled for 18 Nov. 2011. Once again KingCast is correct about something in American Jurisprudence, surprise, surprise. And for all of you dumb-shit meathead cross-eyed bitches at ADVRider and NESR who ganged up on me and threw me off of your silly little Lord of the Flies chat boards as you professed my ignorance on the law and on this subject, you guys can pretty much eat a dick, LOL. Fuck me with a cactus? Nah, doubtful.... it's more like fuck YOU with a cactus you cross-eyed, aptly self-named and promoted c___. At least Mr. Hawksley had someone else break his ankle you're so fucking stupid you went and broke your own hahahahaa..... but stupid is as stupid does, and that's what you get for being a low-life skank bitch though :)
Anyway, I've got an extra special photo for all of you coming up when I can get to my card reader but for now here are the background videos and the KingCast Amicus Brief urging the Prosecutors to do exactly what they did eventually do. Whether Mr. Eller actually appears at his arraignment in front of KingCast cameras or not, he eventually has to pass before my roving eye at some point even if on a Plea Arrangement, and when that moment comes, I'm going to shoot his ass with a howling straight glass 100mm or 50mm Canon, real good.
Today's video feature up by 6p or when I return from the beer store, whichever is first. Always have a beer after you finish a movie.
The continuance was made at the request of counsel Jeffrey Kaye.... who probably didn't recognize that as being Bike Week. Whoops..... if they think they saw some irate bikers today just wait until then, ahem. It was good to see my old friend Mike Gannon again, we both put egg on NH LE faces a few years back. I knew his Harley the minute I heard him coming down the driveway, LOL.
More on this late night, including KingCast video. Here is the original journal entry with more background. As I interviewed some folks who showed up in support I discovered that victim William Hawksley didn't put his bike down despite having a shattered leg. He relayed that Mr. Eller pushed him across a couple of lanes of travel before the nightmare ride concluded. Talk about superior luck and biking skills. Regardless, Ma and Pa need to be double-checking their insurance policies. As to Mr. L'Esperance, the following colloquy ensued as I walked through the door:
"What are you people doing here," bellowed L'Esperance," who will soon receive a written complaint.
"I didn't know we needed a reason, this is a public courthouse isn't it?
"I told you it was continued."
"Well we're just here to make sure of that."
"The motion is under advisement."
"Well that means it hasn't been continued yet then, right? Why are you being so hostile to us? I asked."
Honestly he looked like he was going to blow a gasket, and all of us bikers were just standing there quietly. Meanwhile all of the people who had court hearings were looking on in amazement and shaking their heads at the guy. He probably has no clue that the sitting Judge -- McLeod -- has already ruled in my favor in a First Amendment case.
KingCast: Bringin' the Noise..... except it's anything but noise. What it is, brother, is a well-conceived and orchestrated mission to share how the legal system works with laypeople.... using fun video, natch. Anyway P.E. was the shit, truly a psychedelic rap album. Sing along with the KingCaster, circa 1988: Shame on the brother who be dealin'... the same block where my 98 be wheelin'.... or you can have it this way, with some Rage Against the Machine, it's All Good either way, people. Yah.