<< Previous Topic | Next Topic >>Return to Main Page  

And the judge said...

April 14 2006 at 11:37 PM
  (no login)

Okay, that's getting a little bit ahead, so let's back up just a bit, shall we?

Court was at 9:30 Thursday morning. Myra and I got there just after 9, and my lawyer got there pretty much right at 9:30. We went into a small conference room, just to go back over what we were going to be doing.

As I've mentioned before, the jurisdiction that I live in has no actual anti-nudity law, and what I'd been charged with was "indecent exposure". Well, that's what the heading of the law section says, but the text requires that any exposure be both intentional and obscene. The laywer said that the intentional part was a no-go; although it wasn't intentional that I was seen, it was intentional that I was naked, so there was no legal defense there. The obscene part was where he would be making his stand, and he said that he had several cases that upheld our point. The judge might not like the arguement, but hopefully he would agree to the legal technicality.

So, Myra and I go sit in the court room, listening to drunk-driving cases, gun- and drug-possession cases, etc... lots of fun... and my lawyer is gone for much of the time. When he does return, he again has me follow him back to the little conference room. He's been talking to the prosecutor, and there's a problem- it seems the two witnesses testifying against me are going to be lying.

According to what my lawyer told me, the two women claim that I acted in such a way that forced them to approach my vehicle, to the point of having to reach inside, specifically so that they would have to see me. I got pretty mad at that point, which my lawyer understood, but it didn't matter. True or not, when there are two witnesses saying the exact same thing, that's what the judge is going to believe.Okay, so what do we do now...?

The whole time that my lawyer was gone from the court room, he was trying to make a deal with the prosecutor, and it seemed that he had one. All I had to do was, well... basically admit doing what they said. Not exactly, but close enough.

What my lawyer advised me to do was not to plead guilty, but to admit that there was enough evidence to convict me if it (that evidence) was heard, and that's what I did, to a charge of "making an obscene exposure of my private parts in public". It took a distinct act of will to actually agree to that, and boy, did it gall me to do it.

Anyway, by making that agreement, what happens now is that my case is continued for another six months. If I stay out of trouble for that amount of time, the two charges against me will then be dropped, with my never having to return to court. The end result will be the same as if I had been found not-guilty, but it will just take alot longer, and because of it being continued instead of settled right then and there, I did have to pay court costs. Yeah, for me...

It angers me that I had to agree in court that my "exposure" was obscene, and it also angers me that if the witnesses had been called to testify that they would have been giving false statements against me, intentional or not. I guess those are just things that I'll have to live with.

Thanks for the prayers to this point, and please continue to pray that I'll be able to "stay out of trouble"...

God Bless
Kevin

Oh- and how's this for a fitting end to that day: I went to a training class for work that night, and because the weather was so nice I rode my motorcycle. Well, half way through the class there's a big boom of thunder, and I go outside to see BIG clouds rolling in. I try to beat feet out of there, but get caught in a down-pour that would have impresses Noah... it was so bad that cars were pulling over because the drivers couldn't see.

God must have still been looking out for me, though, because when I followed this little road to the side (it was all I could see...), it lead me right to a warehouse loading dock, complete with a big awning to shelter under. I had a picnic table, benches, everything. I thought that I might be there for a few hours, but wouldn't you know it- within 15 minutes the rain band had passed. If I had just stayed at class, all I would have had to have done was wipe off a wet seat before riding home. Now, I had missed half the class, I was totally soaked to the skin, and had quite a cold ride home... it took about 15 minutes in the hot tub before I was warm again.

Oh, well...




 
 Respond to this message   
AuthorReply
drhornist
(no login)

Re: And the judge said...

April 15 2006, 3:42 AM 

Kevin,
Witnesses lying...I guess that's not a new one, eh? And just think, you had to deal with lying witnesses on the same day that Jesus had to deal with them after the passover meal with his disciples, his time of prayer and the arrest. Lying witnesses date back a ways.

While I know paying court costs isn't pleasant, I know Myra will be keeping a short leash on you for 6 months, so by October it will all be behind you.

You've been in my prayers about this and I thought of you earlier this week. Our paper published a short "article" listing about five different times various folks around the country had been caught nude, while, you guessed it, driving or in a car. Some of them were quite interesting. How about having a fight with one's aunt, so as one storm's out of the house they undress, get in the car and get pulled over for speeding? In fact all of these were rather strange events in that I don't think the folks were nudists, but nuts! And yes, the paper did a fine job in a very short space of really putting an even stranger slant on the stories, I'm sure.

Anyway, I'm glad it's at least partially resolved and will soon be expunged from your record.

PEACE!
Nancy


 
 Respond to this message   


(Premier Login boydallen)
Forum Owner

Loop holes and poor quality "witnesses"

April 15 2006, 8:20 AM 

Thats strange. Even a judge should know that a toll booth worker should never come out of their booth to reach in a car! Thats absurd! How did that one get past them??

They could have EASILY been shown to be lying! They work together, so they can colaborate together. Of course they can come up with the same story!

And it does not take TWO toll takers, as your wrote, "forced them to approach my vehicle, to the point of having to reach inside, specifically so that they would have to see me." What would have them break rules against them leaving their toll booths to come to your vehicle? Both of them??

I think they did that to control you and to make you confess. Even though at the end, the charges will be dropped (will they?) it's still a way to keep them from having to drag out the court time and get through the others quickly. The more "I'm guilty" pleas they get, the sooner the judge can go home.

You wrote: "and because of it being continued instead of settled right then and there, I did have to pay court costs. Yeah, for me..." Did you mean "NOT have to pay court costs"?

You need to look up the rules and conducts for the Toll Worker of your area and find out what they can and cannot do. If what I said is true, you can bring it to the lawyers attention (who should have known) and next time you get together, they can be found to be lying and that is a court offense and THEY can be pushed to pay court costs!

Well, hopefully, you will behave, but we also hope that doesn't put you off and you continue to be "wise as serpents, but harmless as doves".

Glad to have you back.

Take the time to enjoy Easter, and Kevin, I know you and Myra have not been going to church because of your differences with the pastor, but take the time this week to do so, a different one maybe?

Boyd Allen
"May the Lord protect our nudity from the sight of those who will not benefit, and may he allow us to be seen by those who will."



 
 Respond to this message   

(no login)

clearing up a few points...

April 15 2006, 9:42 AM 

I was charged with two seperate charges, stemming from two seperate incidents. Each time involved one toll-taker. I don't know about policies regarding them leaving their little booth.

The witnesses didn't actually testify, because of our reaching the agreement that we did. But if we had gone on with the case, those were the things that they would have testified to.

Yes, I did have to pay the court fees. If the case had been dismissed, i.e. they found me innocent, then I would not have had to pay. Since the case is currently ongoing, somebody had to pay, and since I'm the bad guy here, that fell to me.

K

 
 Respond to this message   

(no login)

Hard to know what to do

April 15 2006, 9:15 AM 

Kevin,

It's hard to know what to do sometimes in the heat of the situation. Those 2 women can live with their intent to lie and stew in their consciences. Hopefully, they'll be changed somehow for the good by it. The ones who crucified Jesus ended up, 3,000 or more of them, repenting and being baptised later one.

Good luck in being "straight" for a spell.

I went out to Lowes last night with the top down. It was so warm that I was tempted to strip and ride home naked.

Ralph

 
 Respond to this message   

(no login)

Intent to lie

April 15 2006, 9:46 AM 

I mentioned, however briefly, the point as to whether their lying was intentional or not. I believe that it was not.

My lawyer told me that one of the witnesses was quoted as saying that she couldn't remember many facts of the "incident" during her statement, only two weeks after the event. How could they do any better after six months?

I believe it's a case of the story getting better each time that it's told. They talked to each other and the others that they work with, and I think that it just grew.

Who knows, really...

Later
God Bless
K

 
 Respond to this message   

(no login)

Re: And the Judge said...

April 15 2006, 10:20 AM 

Does this also mean that your name will not be included on the state list of registered sex offenders? Make sure this isn't going to happen. It's a life time listing with serious implications that's nearly impossible to get yourself removed from. Michael

 
 Respond to this message   

(no login)

Lists

April 16 2006, 10:54 AM 

I don't believe that even if I were to be found quilty that I would make it onto that list. Even though they consider being naked to automatically be obscene, they haven't quite taken it so far as to be a sex crime. At least not yet.

Anyway, it shouldn't become an issue once the case is dismissed. That will be the same as being found innocent. I won't have a record, or anything.

Later
God Bless
Kevin

 
 Respond to this message   
Terry
(no login)

Re: And the judge said...

April 15 2006, 11:34 AM 

Like I've written to Boyd before here in this forum...
We're all in this together and we're all with you at least in spirit if not physically.

Terry

 
 Respond to this message   
Current Topic - And the judge said...
  << Previous Topic | Next Topic >>Return to Main Page  
"Live Nude and Prosper"