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Comments by capmotion

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Posted on October 9 at 10:33 a.m.

The prosecutor in this Republic, being the sovereign's representative, is supposed to seek the neutral ends of justice and not simply to "put bad guys away," and yet more and more prosecutors throughout the state ignore that fundamental precept. Moreover, as attorneys licensed by the state, prosecutors are not allowed to flout clear instructions by the judiciary pertaining to their legal work. This DA violated both rules, and the reason that happens with such frequency is because the State Bar will not sanction their DA pals..

The State Bar, generally allying itself with governmental interests, seems loath to sanction their prosecutor pals, all the while expecting sterling conduct by defense attorneys.

I hope this case brings a change in that fetid and skewed policy, especially since there seems to be a lot of self-righteous attacks on defense attorneys in the same courthouse where this prosecutor works. What is sauce for the goose is sauce for the gander, with any difference in that symmetry supposedly favoring the defense side. But then, we are a long way from a right-thinking system of justice, and from the scheme imagined by the Framers for the relationship between government and individuals.

On Prosecutor Faces State Bar Complaint

Posted on August 2 at 3:09 p.m.

The Santa Barbara Superior Court appears to be out of control and in the deep end without water wings. I have never seen a court that is as prone to trying to find attorneys in contempt as that one out there, and that brutish method of courtroom management bespeaks insecurity and incompetence on the part of that bench. Cops who carelessly toss around obstruction of justice allegations, and judges who recklessly toss around contempt allegations, and parents who communicate with their kids by the back of their hands instead of by the strength of their suasion, are an equal and despicable breed. Were it not for the likes of Genis, Bartell, Fremont and others of their ilk who are willing to stand against the gusts of unprincipled faction, the laughably labeled "administration of justice" system would be even more out of whack than it clearly is. www.kennedyforlaw.com

On Genis Cleared of Contempt-of-Court Charges

Posted on August 2 at 9:03 a.m.

Genis, with help from the considerable and creative talents of Don Bartell and Mike Fremont, is certainly making the Santa Barbara judiciary look like the Gang That Couldn't Shoot Straight. I am not sure which is worse, Keystone Cops or Keystone Judges.

On Genis Cleared of Contempt-of-Court Charges

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."
=========================
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

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