THE PHOENIX ARISES FROM THE ASHES AGAIN
November 12, 2019 I went to Department 2 in Stanislaus County court today in the matter of Walter Wells. The court convened at 9:23 AM. His attorneys, Robert Forkner and Frank Carson presented the motion. Mr. Carson argued that the jury made a factual finding of innocence of himself and the Atwal brothers. He stated that the ACQUITTAL of the three defendants that were tried coupled with the dismissal of charges against four others of the CARSON 8 “was a dagger to the prosecution”.
I know that the prosecutions dream team of fladager, ferreira and bunch were as hungry as ravenous wolves and trying to get at least one plea of guilty or conviction of at least one of the illegally charged Carson 8 victims. Right now the score is 7 for the good guys and zero for the dregs.
While I was waiting a rumor was going around the court room that someone overheard ferreira and bunch talking in the hallway. The person spreading the rumor said that ferreira was telling bunch that maybe she could get Walter Wells to plead to smuggling straws into Santa Barbara or Seattle and waive the fine and/or jail time attached thereto. Being it’s an infraction he won’t have a criminal record (See below).
A new city ordinance prohibiting restaurant employees from giving customers plastic straws has a penalty of $1,000 or up to six months in jail, reports National Review. Taking it one step further, the ever-disgusting, drink ruining “compostable straws” are banned too. The city’s new ordinance may be “the most severe straw ban in the country,” according to Reason, but it’s hardly the first. Two weeks ago, Seattle banned plastic straws – leading Starbucks to introduce “adult sippy cups” which actually use more plastic.
Santa Barbara, however, has gone much further than Seattle — even aside from the harsher punishments its law imposes. Santa Barbara has banned not only plastic straws, but also compostable straws. Oh, and each individual straw counts as a separate infraction, meaning that if someone got busted handing out straws to a table of four people, he or she could end up facing years behind bars. –National Review
The Los Angeles Times has gotten behind the movement, endorsing straws-on-request policies in an editorial that also warned that “repetitive sucking may cause or exacerbate wrinkles on the lips or around the mouth.”
Me thinks that too many members of the district attorney staff have been using straws for way too long. Just saying…
Mr. Carson went on to state that a reasonable person would realize that after the jury’s finding of not guilty which indicates it wasn’t really a murder that another jury would find no compelling evidence against Walter Wells for anything. He then stated that the court can stop the prosecution and should. He stated that the jury got it right and if Walter Wells would have been tried with the other defendants he would be not guilty also.
So now it’s time for the prosecution to be clawing and scratching with their fingernails like Wiley Coyote hanging from the cliff just before he drops off into oblivion. Monsieur and Mme. ferreira and bunch or whatever were chomping at the bit and looking as FAT and sassy as ever. When ferreira began her repertoire she was slinging out terms like collateral estoppel, demurrer, res judicata and plastic versus compostable straws. And then I heard ferreira tell the judge to strike that last point. Just saying…
Then ferreira brought up alleged case law stating that even in a case where one defendant was found not guilty, the other defendant could be found guilty. ferreira had her first “Well Duh?” moment of the morning. The judge then made a comment regarding whether or not Frank Carson might be disqualified from being attorney of record. The judge (aka Prosecutor) stated that it was on her motion and not that of ferreira. She would have to do further review. I didn’t get the basis of what the disqualification might be for.
The judge advised Mr. Forkner and Mr. Carson that they could file a 1385 motion that would be heard on November 22, 2019 regarding a motion to dismiss. There was also another court date of December 19, 2019 mentioned but I did not catch what that was for. My hearing aid battery went dead. :0)
I don’t know if I mentioned it before but I noticed that both Monsieur and Mme. Ferreira(I never know how to address people anymore)were looking fat and trim dad gummed spell check anyway. I meant fit and trim. This isn’t going to bea very long article because it wasn’t very exciting.
As an aside while I was thinking back remembering when the Stanislaus County District Attorney’s Office first began this malicious prosecution and three ring circus , I remember both ferreira and bunch thought they were a mix between a pitbull/Doberman pinscher and a Rottweiler when this three ring circus was first launched. Now after a combination of seven dismissals or acquittals and an eighth one eminent , they have been reduced to the breed of a couple of little teacup Chihuahua ankle biters that you would like to kick through the uprights for a field goal.
For the district attorney to continue to try to obtain a conviction of the last of the Carson 8 innocent victims, she is the poster child for the perfect definition of insanity wherein you keep doing the same thing over and over expecting to get a different result. With the seven and soon to be eight malicious prosecution civil lawsuits that will be forthcoming, fladager will go down in the history of Stanislaus County as having cost the taxpayers of Stanislaus County millions and millions and millions of dollars of wasted revenue because she let her vanity overrule common sense.
All of a sudden I understand why I got that letter after Georgia, Christina and Eddie filed their civil lawsuits. The letter requested that I send in the shirt off my back. Just saying…