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Comments by capmotion

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Posted on February 16 at 11:42 a.m.

Ah, yes, demonize both the attorney and the defendant now! What is wrong with some of you people? I suppose you would have been Tories, soundly in King George, III's, repressive lap in 1776, so query whether you have the moral authority to condemn anyone who is enjoying American constitutionalism. It is interesting that when the supreme court unwisely telegraphed that people could be charged with murder under certain DUI-death circumstances 32 years ago, it expressly noted "Moreover, we neither contemplate nor encourage the routine charging of second degree murder in vehicular homicide cases." But such filings have been routine. Every DA hankering to make a name for himself "routinely" files murder now, proving the maxim that one should not invite the government to do expansive things on a limited basis, because they will do the expansive thing without the announced limits.

Genis has the courage and ability to force the government to leap through all of the hurdles erected by the Framers [and sometimes by our generally pro-government legislature] before it can obtain a conviction, which is his duty, a duty which extends back to, as he insightfully noted, the standards established by the originator of American conservatism, John Adams.

I certainly hope the judge in this matter does not allow the patently prejudicial and jury-tampering signs and shirts into the courtroom that have been described for the pretrial settings - that will ensure a reversal of any conviction.

Santa Barbara is a bizarre place, sort of a bubble of contra-constitutionalism.

On Judge to Examine Morua’s Past DUI Program Records

Posted on February 5 at 7:08 a.m.

"Every year, about 250 California attorneys are either suspended or disbarred in disciplinary actions."
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But never a sitting deputy DA, among whose number are some of the most corrupt attorneys across the Fruited Plain - I wonder why not? Couldn't be that power is now more important than liberty in this nation "conceived in Liberty," could it?

This seems to be a new tack on the part of DAs' offices, reporting effective attorneys to the State Bar. A very effective DUI lawyer in Santa Barbara was reported to the State Bar for conduct in the courtroom, conduct which results in an embarrassing number of acquittals in prosecutions of the political crime of drunk driving. The problem is that if they start throwing down those gauntlets, they will be hoist on their own Janus-faced petards, because I see reportable misconduct by DAs on a daily basis, but I have always thought it unseemly to rat them off, preferring simply to beat them at the courtroom game that is our calling. I know not the merits involved in this article, but I do know that the attorney under attack is one of the more gifted attorneys in his area, and he will stand stoutly with his client against the gusts of faction, and the gust by this particular DA's office really blows. If I start to pick up this gauntlet, there will be many openings in DAs' ranks!

There is an unhealthy alliance between prosecutors, judges, and the State Bar in this state, and it must cease, lest "interests of justice" transmogrify into "interests of the power brokers," the definition of Fascism.

On ‘Willful Disobedience’ Penalties Sought for DUI Lawyer

Posted on March 13 at 4:50 a.m.

This case obviously needs to stop here [an acquittal on one component of a DUI prevents retrial on the remainder], but the community really needs to look deeply into itself and answer the question posed over there for years [maybe decades]: will we tolerated thugs with badges who pretend to serve and protect us, but who really only serve their own agenda? It is a shame that the jury was not more distressed about their thuggish cop, because this should have been a quick NG on both counts, if not on the evidence, then on the jury's power and duty to render just verdicts that might be inconsistent with evidence where the outcome enhances liberty. In the Founders' time, there would have been fast acquittals [if any prosecution at all], and the offending "constable" would have been ridden out of town on a rail. We need not scour the Middle East for terrorism to fight - we have it right here, and daily. Kudos to Genis for the hormones and insight and scholarship to resist the Hun at all turns.

On Mistrial Declared in Tony Denunzio DUI Case

Posted on December 6 at 9:50 a.m.

The question is not whether any agency eventually gets video cameras, but whether they are operational at the time of whatever incident is of concern. Police agencies over the years have gone from having video to not having them to coming back to have them, and they are of uneven mind about such things. As a constitutional defense attorney, I seek out the video on all arrests of clients, and there is ALWAYS a wide divergence between what the cop said in his report happened and what you see in the video, and the cops' versions are ALWAYS more anti-suspect than the truth revealed on the video. Because of that, because truth in police report writing is not an ascendant value, very often, in a critical matter, the video just happened not to be working at the time, or it was aimed in the wrong direction, or something. Your community is especially suspect when it comes to DUI arrests and prosecutions, as I found out this week when I appeared to protect a witness from a phony/baloney contempt charge, the sole motivation for which was to chill the speech of the witness who was accurately revealing the scientific fraud about breath testing. You need to get your "justice" system under control, because it is gravely out of whack compared to that I have have seen elsewhere - many elsewheres. The video program might help, if you get DAs who are honest and judges who are neutral. That's the big "IF." www.kennedyforlaw.com

On Money Approved for Cop Car Cameras

Posted on July 1 at 1:20 p.m.

Do people over there really believe that because a cop says something, it must be true? Proactive constabulary was evicted from these shores in 1776 because it is anathema to the regime of liberty being installed here, and it never slinked back in until after the Civil War, when Lincoln proved that "war" and "emergency" and "public safety" could invite erosions of the anti-government liberty that was the hallmark, and aim, of our Revolution. I had heard things about the rabidness of the "public safety" forces over there, but I did not think such was possible in the western world after the death of Heinrich Himmler. What is wrong with you people, and with the electorate there?

On Judge Finds Lawyer Must Pay for Courtroom Violations

Posted on June 29 at 4:45 p.m.

Does everyone know that "denise" and "legendari" are DAs? That explains their anti-liberty vitriol. [DAs are anti-liberty until they get in trouble, and then they come running for help!] I am certain they are getting their brownie points with the judiciary for their genuflecting and repressive commentary.

Does everyone in that apparently benighted area think judicial abuses of defense attorneys is acceptable in this Republic? Are you all ignorant of the reality that it is the defense Bar that keeps you all safe from overweening government?

It is no accident that it was John Adams, a criminal defense attorney, who was the founder of the American conservative movement, because defense attorneys believe in enforcing the Constitution; prosecutors and their cop chums [and apparently their judge pals over there] believe in enforcing the statutes, and it is the collision between enforcement of statutes ["go to jail"] and enforcement of the Constitution ["back down, Mr. Government"] that keeps our regime of ordered liberty in the proper balance between order and liberty.

And, No, denise, again, I am not Genis; look me up here, if you care: http://www.kennedyroelaw.com

On Judge Finds Lawyer Must Pay for Courtroom Violations

Posted on June 29 at 6:50 a.m.

Denise - I ain't Genis, but where I hear of tyranny, I show up.

On Judge Finds Lawyer Must Pay for Courtroom Violations

Posted on June 28 at 9:01 p.m.

And it is no accident that the amount of the sanction requires Genis to report himself to the State Bar. I am not certain why your community puts up with judges like that, but he would not last a week in our desert courts: we understand that the Framers envisioned a judiciary that would stand against overweening government, not become part of the overweeners!

On Judge Finds Lawyer Must Pay for Courtroom Violations

Posted on June 28 at 8:58 p.m.

Well, let's see; what does the code section read: "A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. This power shall not apply to advocacy of counsel before the court. For the purposes of this section, the term “person” includes a witness, a party, a party’s attorney, or both."

Capturing illicit collusion taking place between witness stand witness and court watcher, when there was a witness separation order in place, with a still photo, against which there was no order, is advocacy, supported by substantial justification, and is not against the express order.

Impeaching arguably corrupt cop with past moral turpitude practices, evils which government-loving judges all too readily hide and protect their cop pals against, is advocacy, and with substantial justification, and with good cause, and is protected by 6th Amendment duties of zealous advocacy.

Being an old desert constitutionalist, I fail to see the wrong - other than the judge's obvious prejudice against a zealous advocate, and the DA's smarmy faux innocence and victimization. I would take Genis's case, if I were closer. And would easily win. And would then flail the skin from the judge and the DA in their respective professional regulatory agencies!!!

On Judge Finds Lawyer Must Pay for Courtroom Violations

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