Neither Reasonable nor Necessary

May 28, 2009

(NOTE: This article is the full text of a rebuttal of an Op-Ed which appeared on Sunday defending the Chesapeake Police Department raid on the home of Ryan Frederick submitted to the Virginian Pilot which had to be greatly edited for printing.)

Former Norfolk Police Lieutenant Rue L. Bagwell asserts that the expedited forced entry search of Ryan Frederick’s home by the Chesapeake Police was reasonable and necessary , but those terms have specific meanings against which those actions should be measured.

The Fourth Amendment to our Constitution demands searches be reasonable. Read the rest of this entry »

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Final Chance for Common Sense passes

May 8, 2009

Judge Arrington followed the jury’s recommendation and sentenced Ryan Frederick to ten years in prison. A report on the proceedings from John Wilburn follows:
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* Ryan Frederick Sentencing Hearing – Friday, 8 May, 2009 *

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Court convened at 9:55 – Judge Arrington had a (minor) personal concern, which caused her to be late.

Mr. Korslund represented Mr. Frederick; the commonwealth was represented by Mr. Ebert, Mr. Conway and Mr. Willett. Read the rest of this entry »


Call to Action, and Change in Timing

February 15, 2009

The Tidewater Libertarian Party has authorized me to address the Chesapeake City Council to request a Citizen Review of police procedures in the incident leading to the death of Detective Jarod Shivers and the subsequent trial of Ryan Frederick.

It was originally planned that our request would be delivered at the February 17, 2009 meeting, but I have learned that citizen comments are allowed only on agenda items at third Tuesday meetings. So, our request will have to wait until the February 24, 2009 meeting. If we hope to have the City Council act on our request, it will be important that we have a large turnout of support at the meeting. Read the rest of this entry »


OK, the Trial is Over, What are we going to do about it?

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?

Read the rest of this entry »


Sentence handed down

February 4, 2009

I just heard on WAVY channel 10 that Frederick was given the maximum sentence of ten years.

John Wilburn’s Account

None of us are safe in our homes if this stands.

Read the rest of this entry »


Verdict in the Ryan Frederick Trial

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 »


Ryan Frederick Trial, Day 10

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 »