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Author Topic: A Brother is Down
airforce
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From Angela:

quote:
No trail on 4/10. It looks like sometime in June now. There are 25 people on the prosecutor's witness list. Ruth Brooks, Finegold, Abrantes, Michael St. Pierre, and Boyd McPherson. The remaining 20 are forensic scientists, LEOs, medical examiner, and pathologist.
Onward and upward,
airforce

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ConSigCor
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You'd think they were trying Manson the way they're stacking the deck.

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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airforce
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I can't wait to see Abrantes and Finegold under cross examination.

Onward and upward,
airforce

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airforce
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From Angela:

quote:
Greetings friends,

James and I had hearings Monday. The result is that Platter (prosecutor) moved to dismiss the theft 2 charge because of an improper venue. Both of our attorneys argued to dismissed WITH prejudice, but Judge Culp declined to rule that way. So, charges were dismissed WITHOUT prejudice, meaning we can be recharged. The statute of limitations is up for a gross misdemeanor (theft 3) and is just about up for theft 2. Platter has referred the charges to Snohomish County and has supposedly been in touch with the prosecutor, so we will see. Both attorneys believe SnoCo will not recharge as Platter has even stated it is difficult to prove.

This leaves us fighting the charges of vehicular homicide or manslaughter and vehicular assault.
Attorney Stephen Pidgeon and Professor Gregory Gilbertson (expert witness) went Okanogan this past Wednesday to examine the truck and do their own analysis. They also look at the deadly chain and lock which is in evidence custody.

We remain hopeful that Platter will dismiss this case, but also realize that politics are at play here and most likely a trial will occur. As of this writing, a trial date of June 5 has been set. Platter told the court that he expects a 5 day trial.

Peace & Grace,
James & Angela

Onward and upward,
airforce

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Mexneck
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Praying for y'all.

--------------------
Well, this is it.

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airforce
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Another charge dismissed.

quote:
On March 26, 2018, Okanogan Superior Court Judge Christopher Culp heard motions to dismiss the theft charge due to inappropriate venue. The attorneys for James and Angela Faire argued that the charge should be dismissed with prejudice, meaning that the Faires could not be recharged. Indeed the charge was dismissed for both James and Angela, however, the prosecutor, Brandon Platter, referred the charge to Snohomish County. On April 9, 2018, Snohomish Superior Court dismissed the charge.
Onward and upward,
airforce

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airforce
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The trial is now scheduled for June 5, and is expected to last four days.

quote:
Ladies & Gentlemen,

Your courtroom presence and support is respectfully requested in the matter of the State of Washington v. James Faire.

James and Angela Faire have spent the past three years of their lives dedicated to working to fight their false charges and repair their reputations from the state’s spurious allegations.

Prosecutor Branden Platter has had overwhelming, factual and conclusive evidence of [the Faires’] innocence right in front of him for many months. Platter continues to push a life sentence claiming James Faire did not act in a reasonable manner.

What has happened to James and Angela Faire can happen to anyone. Please make a point to attend on the days you can. Also, please share this notice far and wide and often.

Thank you!

Onward and upward,
airforce

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airforce
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from Angela:

quote:
The latest outrage from Okanogan County:

As you read this, keep in mind that the elected prosecutor, Brandon Platter, continues to push a life sentence on my husband. The madness and ineptitude is what we have dealt with since June 18, 2015.

According to the prosecutor, law enforcement claims the computer that contained the data dumps of two phones and an iPad crashed and all data on that computer was lost. One of the phones and they iPad (my iPad) is still in evidence and will be 're-searched.' One of the phones was returned on 6/23/2015 and cannot be 're-searched.'

To add further insult to injury: Okanogan County dismissed the remaining charge levied on me on March 26, 2018. I then proceeded to reclaim my personal property from the sheriff's office. The following occurred:

Thursday, March 29, 2018: called Gale Wall in Okanogan County Sheriff's Office (OCSO), she appears to be the gatekeeper to the evidence. I informed her I no longer had charges and wanted to know the process to get my property from the OCSO. Gale told me she needed to check and would call be back. By the end of the business day, I had not heard back from her.

Friday, March 30, 2018: emailed Gale Wall and copied Attorney Richard Gilliland. Gale's response was immediate and stated she was waiting for disposition from the PA (prosecuting attorney, aka: Brandon Platter).

Monday, April 2, 2018: email from Gale Wall indicating she had not heard from the PA and stated "...if you prefer you can contact him. It would be Branden Platter, 509-422-7280."

Monday, April 2, 2018: Attorney Richard Gilliland contacts Platter. Platter is typically in court on Mondays, so I did not expect a response that day.

Friday, April 6, 2018: I follow up with Richard Gilliland and am informed Platter is waiting for Detective Kreg Sloan's decision.

Keep in mind, Okanogan has dismissed the case. I have no further business with Okanogan. To date, I do not have my property.

Monday, April 23, 2018: My husband has a status hearing. Attorney Stephen Pidgeon informs the court that the defense has not been provided all discovery and gives verbal notice of Brady violations. Platter states, "that's ridiculous to bring up in a status hearing."

Wednesday, April 25, 2018: Platter informs Attorney Gilliland that law enforcement claims the computer that had the data dump of my iPad crashed and the data is gone.Since they still have my iPad, they will 're-search' my iPad. I also learn that the dump from two phones is gone. One of the phones is still in evidence, so OCSO will 're-search' that phone. The other phone was returned to its owner on 6/23/2015 and cannot be 're-searched.:

By the way, on Wednesday, March 28, 2018 I learned that the envelope contain my iPad was unsealed. This means that OCSO lost chain of custody.

I tell you this because there is no oversight in Okanogan County. These slipshod standards and procedures cause serious injury to those dealing with the system there. It also generates ripples of doubt in the entire justice system. What happened to James and me can happen to you or someone you love. #Justice4Faire

Onward and upward,
airforce

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airforce
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Strat's lawyer has filed a motion to dismiss all charges. Keep your fingers crossed.

Onward and upward,
airforce

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ConSigCor
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They accuse the Faires of theft; then when the charge is dropped they steal the Faire's property. [Frown] [Mad]

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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The Answer
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Talk to a lawyer about suing the law enforcement agency regarding her property still held. I bet the second they get a complaint filed she gets all her shit within two business days (file early in the week).

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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Here is the 13-page motion to dismiss, in pdf format.

Onward and upward,
airforce

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Hawk45
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Until the swamp is totally drained, the enemies of the people will continue to use fair and impartial laws to bankrupt and steal from them.

Barring that a time will come when the people will rise up and hang the bastards!

Karma is a bitch!

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airforce
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There will be a hearing at 9 a.m. on Tuesday, May 15, on the motion to dismiss. If you can be in the Okanogan Superior Court at that time, you are encouraged to attend.

Onward and upward,
airforce

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ConSigCor
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The motion will probably be denied. Those people are not going to let this go.

Did you notice in the pdf document that Abrantees has disappeared to PA and can't be found? And, the prostituter doesn't want him back testifying for the defense.

[ 05-08-2018, 10:41 AM: Message edited by: ConSigCor ]

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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airforce
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Platter said that he would produce Abrantes at the trial. Not in time for the defense to interview him, of course, but he supposedly will be there.

I put the odds about 50-50 that it will be granted. I've seen a lot of motions to dismiss, and in my non-lawyer opinion, it looks pretty strong.

Onward and upward,
airforce

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Hawk45
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I agree it is a STRONG motion to dismiss. Only problem is who's pocket is the Judge in.

Did Platter say how he would get Abrantes available for a phone interview by the defense at least? That should be brought up and if the DA does not co-operate it should be remembered for a motion for a re-trial if necessary or an appeal to a higher court.

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airforce
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quote:
Originally posted by Hawk45:
Did Platter say how he would get Abrantes available for a phone interview by the defense at least? That should be brought up and if the DA does not co-operate it should be remembered for a motion for a re-trial if necessary or an appeal to a higher court.

I've heard nothing about a phone interview. ConSigCor is right, Platter would bury the guy if he could.

Onward and upward,
airforce

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ConSigCor
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Abrantee's testimony would be damning to the prosecutions story. The other witnesses should also be able to verify that Abrantees assaulted James.

Furthermore, the convenient loss of material evidence IE the assailants cell phone and the further loss of evidence due to a alleged computer crash is pure unmitigated bullshit.

If the judge doesn't order Abrantees and others to be in court for cross examination he should be disbarred.

[ 05-08-2018, 04:17 PM: Message edited by: ConSigCor ]

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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Mexneck
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What's that parable about lying and then having to lie some more to cover up the lies that you can't even remember lying about? It may be in the defenses best interest if this continues to drag out.

--------------------
Well, this is it.

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airforce
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quote:
Originally posted by Mexneck:
What's that parable about lying and then having to lie some more to cover up the lies that you can't even remember lying about? It may be in the defenses best interest if this continues to drag out.

"Oh! What a tangled web we weave when first we practice to deceive." -- Sir Walter Scott

I just had to look that up. I thought it was Shakespeare, but I was wrong.

Onward and upward,
airforce

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airforce
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A quick reminder, the hearing on the motion to dismiss will be held tomorrow at 9 a.m. at the Okanogan County Courthouse. Anyone who is nearby is encouraged to attend.

Onward and upward,
airforce

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The Answer
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Any news?

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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The Answer
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There should be complaints made to the bar about these prosecutors. They do not possess the character and fitness to practice the law.

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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No news yet, I think the hearing just started. it will probably be a while before we hear anything.

Onward and upward,
airforce

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Hawk45
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Bar association will not do anything. Needs to be referred to the "Board of Professional Responsibility". That is the organization that enforces the rules on rogue Lawyers. It is under the State Supreme Court usually.
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ConSigCor
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Any news?

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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airforce
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Nothing yet. A lot of people are waiting.

Onward and upward,
airforce

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The Answer
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quote:
Originally posted by Hawk45:
Bar association will not do anything. Needs to be referred to the "Board of Professional Responsibility". That is the organization that enforces the rules on rogue Lawyers. It is under the State Supreme Court usually.

https://www.wsba.org/docs/default-source/licensing/discipline/ldw.pdf?sfvrsn=9ae3cf1_22

"What is the Washington State Bar Association? The Washington State Bar Association (WSBA) is the organization in Washington state that regulates lawyers under delegated authority from the Washington Supreme Court. It is funded by fees its members pay. The WSBA’s Office of Disciplinary Counsel reviews complaints (grievances) against lawyers".

Here's the grievance e-form:
https://www.wsba.org/docs/default-source/licensing/discipline/2018-02-07-grievance-form-fillable-form.pdf?sfvrsn=f5af3cf1_18

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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A partial victory. And possibly, depending on how the judge rules in a couple weeks, a full one.

quote:
Judge Culp will rule on the motion to dismiss by May 31, 2018. He needs to review Arizona v. Youngblood which is a case brought up by the prosecutor is his rebuttal. We do not believe it applies to our case, but we await the judge's ruling.

The court granted our motion to compel George Abrantes to be disposed. It is quite possible that a judicial officer will be involved with this deposition. We consider this a big victory.

The prosecutor was ordered to participate in two defense interviews which we have been trying to get for more than 1.5 years.


If Judge Culp denies the motion to dismiss, trial will begin July 16 (pending court's calendar availability). If the judge grants the motion to dismiss, no trial.

Thank you for your thoughts and prayers

And on another nore, I think we should give a big round of applause to AWRM's newest law school graduate, The Answer! Congratulations!

Onward and upward,
airforce

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The Answer
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They need to do a video deposition of Abrantes. If the case is not dismissed, the jury will want to see that guy sweat.

Depositions are a great tool for opposing witnesses. You can nail them to a story, and when they tell a different story at trial, you just say: "Mr Abrantes, today you testified X. Do you remember your video deposition from D Date, Y Year, where you testified under oath that not-X?" "You know what perjury is, right?" etc etc.

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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I don't know how it is in Washington State, but usually both sides have to agree to video. And I sure don't see Platter agreeing to that. But I'll pass on the suggestion.

Onward and upward,
airforce

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The Answer
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Washington court rules will govern this.

Superior court criminal rule CrR 4.6 says:

"(c) How Taken. A deposition shall be taken in the manner provided in civil actions.
No deposition shall be used in evidence against any defendant who has not had notice
of and an opportunity to participate in or be present at the taking thereof."

So then we look at superior court civil rule CR 30, which says

"(4) The parties may stipulate in writing or the court may upon motion order that the testimony at a deposition be recorded by other than stenographic means."

So, prosecutor must agree OR there may be a motions argument wherein the judge could order it.

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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Boy, it's good to have a real lawyer in here! [Smile]

Onward and upward,
airforce

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The Answer
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Don't say that just yet. I'm not barred. I don't want to get hit with Unauthorized Practice of Law before I ever get my shiny "officer of the court" bar card.

I do not represent you, I have not represented you, and I do not plan to represent you. What you see above is the result of very summary search and just a quote of the results. It should not be considered legal advice.

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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The Answer
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Here is the Washington court rules on motions to dismiss:

https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=crr&ruleid=SUPCRR8.03

Here is a free copy of the case cited under review:

https://supreme.justia.com/cases/federal/us/488/51/case.html

I've only taken one class on criminal law and one class on constitutional law. Everything else has been civil litigation, transactions (real estate, contracts, business organization), and experience in domestic relations, civil litigation, personal injury, medical malpractice, securities litigation, bankruptcy, and torts in general.

I'm not a dude that fancies criminal law. My firm doesn't even practice criminal law. I'm going to be a civil litigator. But I'm willing to stretch some muscles to help the case for research purposes if necessary. Airforce, if I could get in contact with Stephen Pidgeon, maybe I could spend a few hours doing some research. Free of charge, of course.

[ 05-16-2018, 12:05 AM: Message edited by: The Answer ]

--------------------
Semper Vigilantes, Numquam Exspectantes

Always Watching, Never Waiting

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airforce
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I'm sorry for implying that you were already a lawyer,my mistake. You're just more of a lawyer than I am.

It's interesting that Platter used Arizona v. Youngblood. He seems to be admitting they screwed up by losing the evidence, and that the evidence may have exonerated Strat, but "oops."

However, in Youngblood, the police preserved the evidence according to standard procedures at the time. In this case, it seems to me that standard procedure would be to back up the digital evidence on the phones. In fact, I can't imagine why they didn't. Heck, even I back up my important stuff, and I'm anything but a computer expert.

It'll be interesting to see how the judge rules.

Onward and upward,
airforce

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ConSigCor
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This reminds me of a local case from 20 years ago.

A truck driver had raped and murdered several women. It was an open and shut case until...

The prosecutor lost the evidence. It had been placed in a plain paper grocery bag and left beside a garbage can in his office. When the cleaning crew came through that morning they thought it was just trash and threw it out. This wasn't discovered until the trial had begun. When the prosecutor told the judge he couldn't produce the evidence because he "misplaced it" the judge was livid. He locked the courthouse down for hours while they searched for the evidence. While the search was going on the judge spent the entire time eating everyone's ass out. Even threatened the DA with jail time for being incompetent and negligent.

The evidence was never found, case dismissed and the accused walked free...laughing his ass off as he walked out the door.

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

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airforce
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Ouch. I hope they eventually got that killer without the evidence. And I hope that DA is working in McDonald's. If you misplace a cheeseburger, nobody really cares.

Onward and upward,
airforce

Posts: 17974 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
airforce
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Member # 523

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quote:
Originally posted by The Answer:
They need to do a video deposition of Abrantes. If the case is not dismissed, the jury will want to see that guy sweat....

The plan is now for a video deposition of Abrantes, now scheduled for May 24.

Onward and upward,
airforce

Posts: 17974 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
ConSigCor
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I'd be willing to bet the story he tells now is not the same as the one he told when initially interviewed. I want to see that fat bastard under intense interrogation by the defense.

--------------------
"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861

Posts: 15893 | From: A 059 Btn 16 FF MSC | Registered: Oct 2001  | Report this post to a Moderator
airforce
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Member # 523

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quote:
Originally posted by ConSigCor:
I'd be willing to bet the story he tells now is not the same as the one he told when initially interviewed. I want to see that fat bastard under intense interrogation by the defense.

That makes two of us.

Onward and upward,
airforce

Posts: 17974 | From: Tulsa | Registered: Jan 2002  | Report this post to a Moderator
Mexneck
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Let's hope he doesn't even show for the video deposition. Can't be good for his story if they have to put a warrant out for him to tell it.

--------------------
Well, this is it.

Posts: 355 | From: San Antonio, TX | Registered: Oct 2012  | Report this post to a Moderator
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