February 7, 2009
Not about Ryan Frederick’s fate, that is his attorney’s job, but this trial has left us all at far greater risk than before.
Instead of learning form the experience, the police, if their FOP leadership is typical, feel vindicated in their dangerous tactics. The precedent established by this jury’s verdict will not likely be limited to those who are involved with drugs, so everyone will be inhibited in their willingness to aggressively defend their homes. Criminals engaged in home invasions will be emboldened by the knowledge that those upon whom they prey will have to consider the risk of prosecution if they do not allow criminals to enter their homes before resisting. So, what do we do to set things right?
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February 4, 2009
As before, I will post John Wilburn’s account when it becomes available. Note that his post will be updated as more information becomes available this evening.
I heard from my son that a verdict had been reached as I was driving from work to the courthouse. I arrived too late to hear it, but John was there and we will hear from him later. The pre-sentencing arguments were in progress when I got there and the courtroom was locked. Sentencing is in the hands of the jury at this hour.
Frederick was found guilty of Voluntary Manslaughter, not guilty of use of a firearm in the commission of a felony, and guilty of possession of marijuana. The sentencing range Read the rest of this entry »
February 2, 2009
John Wilburn will report in stages this evening, I will post his accounts as they become available.
John’s Report post begins with Jury instructions at 9:35 PM – Part 2 Conway’s closing added 11:10 PM Part 3 Mr. Broccoletti’s closing added 1:45 AM. Ebert’s rebuttal added 2:05 AM
The Judge gave the jury their instructions on the law applicable to this case, and the Prosecution and Defense gave their closing arguments this afternoon. I got there just in time for Prosecutor Paul Ebert’s rebuttal before the jury was sent home for the night. With the prosecution having the last word, it is critical what the jurors will take to bed with them. Read the rest of this entry »
January 29, 2009
We have an early report from John Wilburn on this morning’s blockbuster news.
So, what did Prosecutor Ebert know and when did he know it?
I just heard from John( 8:10 PM). Court recessed at 7:45PM, I will post his reports as they become available.
The remainder of John’s report posted at 3 AM
John’s report is long, as was the day. He was up late getting it done. It is worth taking the time to read it if you want to know what went on it court.
In an ealier post, I wrote of the testimony of the officers on the scene that I believed it to be true AS THEY SAW IT. I would assert that Frederick’s testimony is consistent with theirs AS HE SAW IT.
I will summarize and analyse later as time permits. I am working this morning but expect to be at the courthouse after lunch, if it is not all over by then.
January 28, 2009
Part one of John Wilburn’s account now posted, part two posted at 7 AM Thursday morning .
In the meantime, I was able to attend the afternoon session, after the Jury View of the house. Sometimes, you have to be there.
After the jury was brought in, Det. Roberts was called back to the stand questioned about the video of the re-enactment performed on March 20th of 2008 pursuant to a search warrant. Roberts testified the re-enactment varied from the actual night in a number of ways, Read the rest of this entry »
January 23, 2009
Today, before the jury was brought in, the defense asked the judge to compel the return of a witness. Det. Edward Winkelspecht was the first to interview Frederick after his arrest and could answer questions regarding Prosecutor Willet’s allegation that Frederick was “stoned out of his mind” and acted in a “drug induced rage.” Det. Winkelspecht was on the prosecution’s witness list, but without notice to the judge, he was allowed by the prosecution to leave for a BATF training course in Atlanta of several weeks duration. Judge Arrington ruled he must be made available to testify.
Today’s testimony began with Det. Sergeant John Landfair, the team leader for the second team of seven officers assigned to simultaneous do a knock and announce search on the detached garage. Read the rest of this entry »
January 22, 2009
I know the title is somewhat cryptic, but since this will be largely about confusion and uncertainty, that is as it should be.
Prior to bringing in the jury, Judge Arrington dealt with motions filed yesterday. The ruling on the mistrial request was delayed at request of the defense pending upcoming testimony.The Jury view of the house is scheduled for Monday.
The Prosecution began its case today by calling Det. Shivers’ wife, Nicole, to testify about her life with her deceased husband and about his education and experience. She had no information to offer relevant to the case, but perhaps testifying will help bring her peace of mind, and it was certain the prosecution would find some way bring emotion into the case.
The bulk of the day was made up of testimony from officers who participated in the raid or were supervisors. First was Capt. James Dunlap, commander of the Special Investigations unit which handles Chesapeake’s drug enforcement and who was Shivers supervisor. He pretty much repeated the history Mrs. Shivers had chronicled, but did reveal under cross examination that the raid on Frederick’s home had been carried out by the Special Investigations unit and not SWAT because Frederick was not regarded as dangerous.
After his testimony, Det. Kylie Roberts testified both about the warrant and the service of that warrant which led to Det. Shiver’s death. I will leave reporting on the Warrant for later, as I suspect more facts on that topic will come out tomorrow and proceed with the events leading up to the evening of Det. Shiver’s death. Read the rest of this entry »