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Cheeseburger_in_paradise

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Posts posted by Cheeseburger_in_paradise

  1. Out of curiosity, is the prosecutor or your attorney requesting all these extensions? The reason I ask is some of the defense attorneys around here will ask for unnecessary extensions, sometimes even after a plea bargain has been worked out. One reason they do this is so they can soak you with more legal fees. If you are cutting them checks on a regular basis and have a legal defense fund set up, they may try to take advantage of you and milk it for all it's worth. Unfortunately it happens and i see it all the time around here. All these extensions could also be part of a defensive strategy on the end of your legal team as well. Sometimes defense attorneys keep extending cases out hoping the arresting officer will retire, or the prosecutor will get sick of having it on his docket and just dismiss it. We recently dismissed hundreds of DUI cases that were over 10 years old here.

     

    The prosecution has asked for all but one, when my attorney had the flu. All the others for reasons like: cops were on vacation, witness needed to have back surgery, were preparing to make it a felony. The judge failed to show up once (out sick), prosecuter failed to show up another time, forgot to bring me from the jail one time, etc. There are never prepared. They just assumed I'd buckle to taking the deal. Who knows what they're thinking.

     

    You should have your penis temporarily removed or dye it completely black or something. When your attorney asks your accusers to describe your wang and they go on illustrating a typical white johnson, thats when you get up on the table for the dramatic reveal. You drop trou to show off your black stub, the court room erupts in applause and the case is immediately dismissed. Couldn't be easier.

     

    Are you set for legal representation, because my schedule is wide open?

     

    lol. yeah right. I'm going to need some gutsy lawyers when I go on offense.

  2. Just an update.....The trial has been reset, once again, the 10th time I think. Now for April. So much for a right to a speedy and public trial. They won't bring it, but they won't dismiss it. It seems to be APD's new favorite arrest. I've noticed 5 of the same charge in the news since January. No evidence required, like with murder, or drug offenses. No body, or paraphenilia, or DNA. or anything. But I do have three lawyers working for me. And they are finding lots of holes in their stories. And it turns out the cop wrote down the wrong time of the incident, and the wrong place as well. A friend started a web site, and if you feel the urge to donate, please do. Thanks in advance. What's scarier: perverts lurking behind every bush, or our public officials using that fear of such a thing to manufacture crimes? Assuring the public how important their park police jobs are. fund raising

  3. Starting to look like something Texas uses called paid informants, usually in the war against drugs. You take a class and get a certificate, that says you are a "credible" person. Spot someone smoking pot, make a $20 to $50 by turning them in. The bad guys call them snitches. But if they hang out all day, and nothing is happening, they have enough credibility to make something up...so thay can get paid. My court appointed attorney has told me, "just go back to Florida. They are likely to just keep jacking with you." Since when does an attorney tell someone out on bond, just go away, leave the state?..... I am so not going away.

  4. A lie, or filing a false police report is a crime. There are also civilly remedies you can take against your accuser(s) after the criminal portion of the case is over. As far as your criminal case goes, the law enforcement officer arrested you after getting several sworn statements from witnesses that stated they observed you arouse yourself in public. The officer acted in good faith and arrested you based on these statements.

     

     

     

     

    Has nothing to do with the crime you are charged with.

     

     

     

    Again, this is not a requirement for the crime you are charged with.

     

     

     

    A warrant affidavit is usually written by a police officer. If this is the case, that is proper terminology for what you did.

     

    Good info. Obviously, I wouldn't be here, if it could not happen. This is still so wrong based on other observations that could have been made, but were ignored. I don't think very many human males on earth could sit in 65 degree water for over 10 minutes and still have an erection bigger than a mushroom, let alone one that could peek out from under knee length shorts, as sworn in the statement. Be that it may, I have an interesting observation. Your profile says you are age 30. The two witnesses are both age 30. The female cop. Age 30. I don't know man. Probably nothing. One wonders if my generation taught your generation what to think, but not how to think. How to be politically correct above all else.

  5. There is evidence against you. The police have sworn statements that corroborate each other from multiple credible witnesses. These people don't know you have have no prejudice against you. That is enough Probable Cause to get a warrant from any neutral magistrate or judge I have ever met. Now getting a conviction from a jury is another story.

     

    So, a sworn lie can be evidence. Swell. I have a witness too, I'm sure these SOB's are unaware of. My friend Nathan was there with his dog at the time. The cop made no effort to find anyone else down there. Of course, Nathan had no idea that I had been arrested, because it happened up by the road. And what's he going to say? He didn't see anything. But he's willing to testify to that. What's so infuriating to me, is that these two people can planned this, knowing full well how the police would react. The other things I have going for me are, I'm not built like a horse. At 54 years of age, I have no history of this. Of course I will, if they get away with this. She doesn't have a picture of the alleged event, even though she had a cell phone and plenty of time to take one. These two people were together, but pretending not to be. It was broad daylight, with 30 or so other people around, but there are no other witnesses to said act. I'm still wondering if they weren't under cover cops that were bored. Maybe their sting didn't go down. The language used in the affidavit is not how normal citizens speak. "he had intent to cause arousal," or "he showed no remorse." Of course, that could be the cop leading them. But please! I don't think anyone expected me to still be fighting this though. It's just a misdemeanor, everyone keeps saying. Yes sir, they will have to prove it to a jury. And I will have lots of credibility myself when the time comes. What has happened to me is a random act of violence. And the system is the weapon. This should not happen. But it is happening. And it really does suck.

  6. Not to further worry CBIP, but as high-brow as Austin likes to fancy itself, it does have a weekly rag, filled with nothing but mug shots, and the associated charge...its' called "Busted In Austin" (clever huh?)...I find it depressing to look at (mostly deranged looking folks busted for PI, and lots of DWI & DUI charges), but did recently flip through one at a local pizzeria, sitting on the table...sure enough, I spotted a friend of mine, on the "busted beautys" page...DUI!

     

     

    http://marlomc.wordpress.com/2009/09/10/busted-in-austin/

     

    Well, I guess I may have been in an issue around mid April. But I would not have seen it as I was in jail. I don't know very many people in Austin. So I'm not terribly worried about it.

     

    Look, I'm not saying **** like this doesnt happen. It does. I'd just like to see more evidence that this did take place. Rather than some guy on the tubes just saying it did.

     

    For the record. For giggles and grins I did some checking, and I couldnt find anything about this. Travis County. Austin. Local News papers. Arrest reports. Mug shots. Using your name I found......................Nothing.

     

    For more than one reason, I'd hope you can see my skepticism.

     

    If I can expose what really happened, it should make news. Completely innocent man plucked off the street, incarcerated for more than a month, charged with a crime with zero evidence. What an embarrassment to the city of Austin. I did get a reply from the mayors office. "Thank you for your e-mail to the City of Austin. Our staff will research your inquiry and respond to you upon completion."

  7. I haven't done a pretrial hearing in 3 or 4 years. Now days, it's just a meeting between the prosecutor and defense attorneys. Both parties sit down, look at the evidence, and then a plea is typically worked out.

     

    3 million...that's my final offer.

  8. Went to court yesterday for my pretrial. There was no judge. No prosecutor. My attorney was 30 minutes late. A substitute prosecutor was taking plea deals down the hall. Deal? I said sure I'll deal. I want 3 million dollars...cash. That way I won't ever have to work again or apply for any job. So they set the trial for July 13th. No pretrial?? What a joke of a system. I told my lawyer that may not be convenient for me. So tired of this BS. I got to get back to work. Also, I now have the names, addresses, phone numbers, social security numbers, and DOB's of my accusers. What's the best cheapest way for a background check? My resources are pretty well shot now.

  9. Can you get your editor to do a story about your plight? Bad press might get something done.

     

    He's offered to fly in and be a character witness. But that is a thought. But we are a small paper. I have other friends from college who made a full career of journalism. They write for "O" magazine and such. Produce network TV stuff. I'm really still hoping the case will be dismissed. Another person was arrested in about the same place, for doing something in an automobile. My first thought was, maybe they do have a problem there. Then I thought, wait one moment, maybe the police are trying to set a pervert arrest record.

     

    Thanks to all for kind words, a forum to vent, and good advice.

  10. The P.I. idea is good advice. I am trying to gather resources. And I wrote a letter to the mayor.

     

    Dear sir,

     

    I met you last year at a press conference and Friends of Barton Springs pool cleaning event. I was volunteering that day, the same day the president was in town, a busy day for you. I spend most of my time as a Florida newspaper reporter. I am in Austin again researching and planning to start a hosteling facility here. On Tuesday April 13th, I was arrested at Zilker Park, and charged with Indecent Exposure. I am completely innocent of this charge. Because I wasn't missing, and because of a ridiculously high bond, I spent 34 days in your jail before I managed to bond out. It was only then I was able to see the full report of my accusers and arresting officer. I have yet to stand before a judge. My accusers have fabricated a horrible story. And yet, there is no evidence. No video, no pictures, and no collaborating witnesses. It is a complete lie. Broad daylight with 30 or so people around, yet only these two people seemed to have noticed this event they describe. The female arresting officer, made no sincere investigation about the allegation, but only assumed the complaint was true. Anyone who knows me, knows it is not true. While in jail I was encouraged to take a plea deal several times. I won't do that. So what I want to know is, is this how you treat tourists, entrepreneurs, and parents of local college students? Is this a way to treat someone who has have spent thousands of dollars in your city in the past year. And someone looking to start a business that will bring tax revenue? My daughter is taking a 4.0 into her sophomore year at Concordia. I don't see how I can ever visit her here again. This is either a complete breakdown and failure of your legal system, or absolute corruption. One of the main things international travelers assure me that they are concerned about while in the U.S. is safety. I could not not say that Austin is a safe place to be. Two people falsely accused me of something no one else or evidence could validate. Your police didn't care to do anything but make an arrest. Your courts are not looking for justice, only a conviction as a resolution. And it is an awful thing to stand accused of. Just saying you didn't do it, would probably sound guilty to most jury pools in today's world. So the allegation should have been looked at more seriously by the police. And battle it I must. I must clear my name, if that is possible. This is unacceptable sir. This is an alleged sex crime. How would I be able or be allowed to continue to write stories like this one if I have lost the public trust?

     

    http://www.sevobserver.com/index.php?option=com_k2&view=item&id=2104:illuminating-minds&Itemid=53

     

    I hold you accountable as mayor to explain how someone can make up a story to the police, knowing with confidence that the police will just go with it, without question or evidence. Was this sport? Did these people just not like how I looked? Maybe your Chamber of Commerce would like to know how Austin treats visiting businessmen. Or maybe the national media would interested in the lack of due process for a journalist. Or all international travelers.

     

    Sincerely,

    J C

  11. You make it sound as though they conspired to !@#$ you over for no reason. How could you know that?

     

    And keep in mind, when you read that question...if you're actually going to try any sort of "bitches set me up" argument in your defense, getting pissy and uppity about it doesn't present well in court.

     

    So you understand my dilemma. Be glad you're not living it.

  12. Well, if he was geting his wicket sticky in public then maybe there is some legitimate reason for all of this.

     

    Sorry Cheeseburger, I couldn't help myself.

     

    The whole point is, I wasn't doing anything. Not taking a piss, not anything. The chose me, they stalked me, and then executed their plan. That is what is so crazy. It could have been anybody, but they picked me. There is no evidence to support their sworn statements. No video, no pictures. The two accusers, who are pretending to not know each other, waited until I had left the area to call police. So the 40 some odd people who were down there at the water were never aware someone was being arrested. The woman called 911 on her cell phone, but never snapped a pictured of the alleged event. Now it's going to be up to a jury to decide what to believe. I don't know what will happen. The reason I was in jail so long was I hadn't memorized phone numbers and addresses to PR bond out. And nobody was missing me. I eventually was able to gather that info. My editor and others have offered to fly out and be a character witness. Just crazy. At this point I could be found guilty, and be released that day, because I have already spent so much time in jail for this misdemeanor charge. If I had taken their original deal, I would have been out in 15 days. But forever guilty of this terrible accusation. It would haunt me. It may still.

  13. are you in a feud? is this payback of some kind?

     

    I do not know these people. I can't see my part in any of it. Minding my own business, not a high crime area, broad daylight, no alcohol involved. I had my laptop and travel bag with me. It occurred to me that they might have thought I was a transient or a hobo. There is an undercurrent of frustration and resentment towards the homeless in Austin. The place is over run with them. Having exhausted my resources, and not allowed to go home till this is resolved, I am now pretty much there as well.

  14. That must have been a helluva story they told the police.

     

    A practiced indignation and use of the police to mess someone up. Truly amazing. They said I was masterbating and exposing myself in the water at Barton Springs, and at the playground near by a little later. The guy said my penis could be seen sticking out of my shorts. Those shorts, by the way, come to my knees. Thank god I am an average white guy. The water there is freezing, by the way. Shrinkage anyone? Made a huge deal about being around mothers and children. Just made up outrage. The lady cop just went with it. No history of this, no priors, I'm too old, but how do you prove a negative. Looks like we're going to trial, for a misdemeanor. Maybe perjuring themselves in court will be harder than lying to the cops.

  15. I just spent 34 days in jail. Two strangers made up a story and called the police. That's all it took. They tried to make me plead a deal. I wouldn't do it, so they through me back in. I finally bonded out with the help of my attorney. I still have not seen or talked to a judge. A nightmare. Just unbelievable. And it's not over. I had no idea you could be jailed with no evidence whatsoever. Screw Texas. :angry:

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