Now you are Entitled To A Speedy Trial. Not! No Rights Involved.

 

 

Zip. Zero. Zilch. Nada. Squat.

 

 

"ANOTHER THING THAT CONFUSED KILLERCOP WAS THE DIFFERENCE BETWEEN AN ENTITLEMENT AND A RIGHT. AND I SAID THAT HE WAS 'ENTITLED TO COUNSEL' AS OPPOSED TO HAVING 'A RIGHT TO COUNSEL.'

 

SO, IT WAS ON THAT LEVEL THAT THERE WAS A NONUNDERSTANDING TO THE FORM." ~FEDERAL PUBLIC DEFENDER HILERY POTASHER ASSIGNED TO PROTECT THE RIGHTS OF KILLERCOP.

The Founding Fathers intended the Speedy Trial Clause to serve two purposes. First, they sought to prevent defendants from languishing in jail for an indefinite period before trial. Pre-trial incarceration is a deprivation of liberty no less serious than post-conviction imprisonment. In some cases pretrial incarceration may be more serious because public scrutiny is often heightened, employment is commonly interrupted, financial resources are diminished, family relations are strained, and innocent persons are forced to suffer prolonged injury to reputation.

Second, the Founding Fathers sought to ensure a defendant's right to a fair trial. The longer the commencement of trial is postponed, the more likely it is that witnesses will disappear, memories will fade, and evidence will be lost or destroyed. Of course, both the prosecution and the defense are threatened by these dangers, but only the defendant's life, liberty, and property are at stake in a criminal proceeding.

A delay of at least one year in bringing a defendant to trial following arrest will trigger a presumption that the Sixth Amendment has been violated, with the level of judicial scrutiny increasing in direct proportion to the length of delay. A longer delay may be deemed constitutional, however, and a shorter delay may be deemed unconstitutional, depending on the circumstances.

Longer delays will be permitted to accommodate the schedules of important witnesses, and to allow the prosecution to prepare for a complex case. Longer delays will also be tolerated when a defendant is dilatory in asserting the right to a speedy trial.

In general, defendants must assert their Sixth Amendment right in a timely motion before the trial court. If the defendant fails to assert the right in this manner or acquiesces in the face of protracted pretrial delays, she or he may not raise the issue for the first time on appeal, unless the defendant's failure to raise the issue earlier was due to her or his attorney's Negligence. Defendants who delay prosecution by inundating the trial court with frivolous pretrial motions are also treated as having forfeited their rights to a speedy trial.

KILLERCOP: Another one? Another one? When does it stop? When does it stop?

THE COURT: Now let me try to answer that question. It stops when you proceed to trial, if that is what you choose to do.. And you subject the government to the burden of proving you guilty. One thing I can tell you, Mr. Killercop, is that the
first thing you asked for when I gave you the opportunity to address me this morning, you will get. That's a fair trial.

 

KILLERCOP: No.

 

THE COURT:, I don't expect you to agree with me but that's what you will get. Now let me explain something to you.

You do not have a legal right, you have not established a legal
basis and there is no legal basis to have these charges thrown
out at this stage."

 

 

Section 3161(h)(7) excludes delays resulting from a continuance when the court finds that the "ends of justice served by taking [that] action outweigh the . . . interest of the
public and the defendant in a speedy trial." The factors, among others, that a court must consider in deciding whether to grant a continuance under this section are:

(i) Whether the failure to grant such a continuance in the proceeding would be likely to make a continuation
of such proceeding impossible, or result in a miscarriage of justice.

 

(ii) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the
prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate
preparation for pretrial proceedings or for the trial itself within the time limits established by this section.
. . . .
(iv) Whether the failure to grant such a continuance in a case which, taken as a whole, is not so unusual or so complex as to fall within clause (ii),
would deny the defendant reasonable time to obtain counsel, would unreasonably deny the defendant or
the Government continuity of counsel, or would deny counsel for the defendant or the attorney for the
Government the reasonable time necessary for effective preparation, taking into account the exercise of
due diligence.

$PECIAL REWARD$ FOR THE$E COP$

OUTSIDE IT'S AMERICA

"what would be the capacity of law enforcement and of the courts to SUPRESS this kind of SPEECH?" -Judge A. Howard Matz, PRE-TRIAL HEARING OF KILLERCOP.COM

A QUESTION FOR AMERICA:

Is "pretty good" pretty much like "pretty clear?" Because I'm "pretty sure" it is not. I know, it's complex. But then again, I'm officially nutzzzzzz, until certified (.pdf) un-nutzzzzzz, in a competent court of the law. So I am waiting on the law. It sure is not speedy...but it is baffled.

I'm all a Twitter waiting to see your reaction, to my reaction, to your Treatment and the promised Restoration. You'll just die when you see what I have in store for everyone involved in the story in 2012. At least that's my intent! 'Till then...

Look, you know you have to look, there!! ABOVE!!

It's "another person" and "the person of another.

STILL BAFFFLED?

Read the plan, promptly!! A man's life, freedom and liberty are at stake!!! And it's probably a prudent thing to do, but don't speak about it!

In fact, don't even think about it, especially the cowards and the easily frightened children!

THE END.

"We review a speedy trial claim de novo and review the district court's factual findings for clear error." ~US v. Arceo, 2008

Speedy Trial... Not!

A.K.A. The case of Slow The Roll! We need another year of your time. A.K.A.He is "obligated" so Take "A time out."

 

Arrest date: March 26, 2002 (.pdf) New Hampshire.

 

Transferred to California, in commerce.

 

Designated as a "Complex" Case by Judge Matz

 

5/16/02, Docket 23:
Stipulation And Order: Exclude Time: Trial continued to 9/3/02.

This Stipulation And Order: Exclude Time was done by the Public Defender’s Office of California without the consent, or knowledge, of Killercop, and Judge Matz specifically designating the case as "complex."

On 8/22/02, Docket 36:
Status Conference: Case is continued to 10/22/02  [No Time Waived]

On 9/4/02, Docket 38:
Stipulation Post Continuance: “parties agree” time should be excluded through and including 10/22/02. This was done by the Public Defender’s Office, again, without the consent, knowledge or "agreement" of Killercop.

THE FOLLOWING TAKES PLACE ON 09.23.2002 IN DOWNTOWN LOS ANGELES, CALIFORNA, BETWEEN THE HOURS OF 4:08 AND 4:57 PM (PST)

On 11/27/02, Docket 68:
Stipulation and Order to Exclude Time filed by Judge. Period from 11/26/02 to 1/14/03 pursuant to 18: 3161

On 12/4/02, Docket 71: Killercop's Motion to Dismiss For Denial Of Speedy Trial. 

It should be noted that the Judge personally set this date of December 3rd (12/2002) back on September 23, 2002, page 28, lines 7-8 and page 31, Lines 7-8, specifically requesting and "requiring" December 3rd, 2002.

Any Order to Exclude Time filed by this Judge should have counted, under any rules, against him. Nope!! Not with Sung from Matz's buddy Kozinski!

A Magic Trick Called "Nothing Up My Sleeves But B.S."

A.K.A. The Ol' "Overcrowded" Excuse, Used To Delay And Deny And Usurp Rights. Fun For The Whole Family! He Must Be So Proud.

(RT, 12/4/02) Page 19, Lines 6
Judge Matz: “And the problem is I’m going to be in trial.  So I think you need to consult with Killercop and with my court clerk, and see what dates are available to you and the persecution.”

“Overcrowded courts should be weighed less heavily (then government’s deliberate attempt to delay).” Barker v. Wingo, 407 U.S. 514 (1972)(cite omitted).

12/04/02, Docket 73:
Minutes of Motion Hearing. Court Denies Motion To Dismiss For Denial Of Speedy Trial.

On 12/18/02, Docket 78:
Court receives personal letter from Defendant and Orders Defendant not to communicate directly with court.  Judge Later rescinds this Order. See Docket 79.

1/3/03, Docket 80: Judge sets a “firm date” for trial of 1/14/03.

1/10/03, Docket 104:
Denies Killercop's motion to continue trial. Grants motion to continue arraignment on "newly filed Superceding Indictment."

1/14/03, Docket 110:
Defendant files Writ of Mandamus to Dismiss for Violations of 5th and 6th Amendment of the Bill of the Rights.
1/14/03, Docket 113:
Court continues trial to 3/25/03

1/17/03, Docket 114:
Court files Competency Motion; this Competency Motion pursuant to 18: § 4141(sic), is thereafter “PLACED IN FILE - - NOT USED.”  It subsequently “disappeared” from the court's files. I kept a copy. (.pdf)

1/17/03, Docket 118:
Court "adopts" Speedy Trial Act recitals contained in “Proposed [Competency] Order.”

1/21/03, Docket 115:
Order Re Excludable Time filed by judge. Period between 1/14/03 and 3/25/03 are deemed excludable pursuant to 18: §3161(h)(1)(A).

3/14/03, Docket 139:
Court denies Defendants 2241 Motion to recuse judge A. Howard Matz.. Judge A. Howard Matz. orders defendant removed from hearing. Court vacates 3/25/03 trial date. Trial set for 9/9/03.  Orders Defendant shipped off for mental “treatment” under auspices of “evaluation.”  NOTE: On 3/20/03, judge admits he illegally denied Defendants 2241 Motion on 3/14/03

EVERYTHING THE COURT DID AFTER THE ILLEGAL DENIAL WAS ILLEGAL AND UNLAWFUL.  SEE Dockets 146 & 147, 156.

3/27/03, Docket 150:
Foisted Counsel Greg Nicolaysen, files an Order for a computer EXPERT, two days after trial was scheduled to begin on 3/25/03

4/7/03, Docket 157:
Court hold secret hearing without Killercop present. Court files Amended Order Re Determination of Killercop's Competency.
Competency Hearing set for 8/25/03, trial to remain 9/9/03.

8/27/03, Docket 188:
Court finds [Illegally] that Defendant waived counsel and Orders him to proceed in Pro Se. Foists Standby Counsel, then court and Standby Counsel confer regarding the trial date and Government’s Speedy Trial Act calculations. On Government’s own motion trial is continued from 9/9/03 until 9/30/03.  Court notes Defendant specifically did not agree to continuation. Standby Counsel “quits” due to schedule conflict on 9/2/03.  New Standby Counsel appointed. Killercop is blamed for this later by everyone.

9/24/03, Docket 224:
Government files special request that court “adopt” Standby Counsel to  “Represent” Defendant as Trial Counsel.   Defendant objects at hearing held 9/26/03, Docket 236.

9/25/03, Docket 225:
Government files Speedy Trial Memorandum:

9/26/03, Docket 236:
Court continues trial until 10/7/03. Orders government to “promptly” file detailed briefing regards Speedy Trial Act calculations regards several issues including whether the court could “stop the clock” by "starting a trial on paper, then continuing it until a later time." In other words, play God and manipulate time itself.

10/1/03, Docket 238:
Government files calculations regarding Speedy Trial Act. But not the Speedy Trial Right.

10/1/03, Docket 242:
Court continues 10/7/03 trial date “to a date to be determined later” and notes that continuation is without Killercop's explicit consent.

10/7/03, Docket 246:
Court relieves Counsel and reappoints him as Standby Counsel after "deeming" Killercop, again, waived right to assistance of counsel.  On court’s own motion continues trial until 11/12/03 [or 1/6/04].  Excludes time under 3161(h)(8). Matz later admits no authority and calls all of this a "technical error."

The F.B.I. called this a mistake.

So Judge Matz gets his buddy to dust bin the facts, so he can get away with breaking the law.

And conspiring with others to break the law.

And again the F.B.I. turns their back on the facts.

Maybe they are too busy making Power Point Presentations? Or standing laughing at police torturing another Citizen.

A FACT:

They uses rules to trump rights. Then call these violations of rights "mistakes" and "technical errors."(.pdf) And lift not a finger to ease the burden. The rules mean nothing.

I GOT A FINGER , TOO!

SO WOE UNTO THEE

Contempt Of Cop

Washingtonpost.com - 'Contempt of Cop' Continued from Page 5 New D.C. police recruits were keenly aware of what they saw as deficiencies...

Blacks are arrested on 'contempt of cop' charge at higher rate - Blacks are booked by Seattle police for obstructing a public officer eight times as often as whites when population is taken into account, a Seattle P-I investigation of six years...

Henry Louis Gates' Contempt Of Cop Emptywheel - At tonight's nationally televised press conference, a reporter asked President Obama a question about the July 16 arrest of famed Harvard professor Henry Louis Gates. Obama set off...

Contempt of Cop' by William Norman Grigg - The police are to the government as the edge is to the knife, insists sociologist David Bayley, who apparently couldn't explain why the typical...

Expert Officer displayed 'contempt of cop' reaction Internal Affairs

Contempt Of Cop II

CAMERA IS THE NEW SPEAK FOR GUN IN THE WILD, WILD WEST! - It's more about 'contempt of cop' than the violation of the wiretapping law.

Welcome to America Now step inside the jail cell - The audio exchange in this video was apparently recorded at the U.S. Canada border after a Canadian displayed contempt-of-cop towards the American law enforcement officer asking questions.

Contemptible police tactics - Cops raid the home of a licensed medical marijuana provider in Washington, handcuff the fourteen year old son and put a gun to his head, and search the nineteen year old daughter and take the contents of her mickey-mouse wallet.

How To Survive Traffic Stops in America, Submit, Instantly! - What the cops want is immediate obedience and submission. Many cops are ex-military and view the civilian motorists of America about like they viewed the hapless peasants of Iraq and Afghanistan, that is, with contempt, not as fellow citizens deserving of civility and respect. It is a possibly lethal mistake to do anything other than submit, instantly and obey! Or be ready to shoot first. But aim high.

My radio interview with Katherine Albrecht - Carlos Miller Photography is Not a Crime is interviewed by Katherine Albrecht, activist, radio host and privacy advocate, Tuesday afternoon where they discussed his blog, his arrests, the situation in the United Kingdom and the spread of contempt of cop cases that are popping up on the internet on a regular basis.

EVEN THE BRITISH ARE LAUGHING AT YA!!

COWARDS!

The Trial of Judge A. Howard Matz.

By Psych Ward Entertainment.

Sign my Guestbook

Contact | Killercop.com. All Rights Reserved.

Impressum