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Another Iowa Bicyclist Killed -- Hit and Run
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jwsknk



Joined: 10 Aug 2006
Posts: 1378
Location: Ames, Iowa

PostPosted: Mon Oct 12, 2009 3:21 pm    Post subject: Reply with quote

"Bicycle Bill" wrote:
SUGGESTION:
Everyone who thinks that McKinney should be in court rather than stalling and postponing everything, go to the DMRegister site, log in, and post comments. Let's flood those boards with pro-bike comments. I already have, and for the record, I use a different handle/email on those boards. And no, it's not FMC!

Just keep your comments civil and to the point. Refrain from ad hominem attacks on other posters. And for Pete's sake, USE YOUR SPELLCHECK!! The less literate and educated we appear, the less impact our messages will have.

Perhaps if the anti-cyclist troglodytes see that there are more and more people who ride bikes, we are from all walks of life and not just 'tree-hugging anti-car pinko liberals' (yes, I've been called that and I almost laughed my arse off!), and we are their friends, neighbors, and co-workers, we just might open some minds and help start some meaningful dialogue.


Fru-gal??? Laughing Laughing
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"Bicycle Bill"



Joined: 23 Aug 2006
Posts: 787
Location: Onalaska (suburb of La Crosse), WI

PostPosted: Mon Oct 12, 2009 3:37 pm    Post subject: Reply with quote

jwsknk wrote:
"Bicycle Bill" wrote:
SUGGESTION:
Everyone who thinks that McKinney should be in court rather than stalling and postponing everything, go to the DMRegister site, log in, and post comments. Let's flood those boards with pro-bike comments. I already have, and for the record, I use a different handle/email on those boards. And no, it's not FMC!


Fru-gal??? Laughing Laughing


Now, that's almost as funny as being called a 'tree-hugging anti-car pinko liberal' !!

-"BB"-
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ts



Joined: 10 Jul 2008
Posts: 222
Location: Colorado

PostPosted: Mon Oct 12, 2009 3:56 pm    Post subject: Reply with quote

jwsknk wrote:
JERK!


Why? For pleading not guilty or for submitting a plea in writing? If it's the latter, who cares? If he's pleading not guilty, the arraignment would be over in 5 minutes, and the result would be the same. Frankly, I'm glad he's pleading not guilty - it means that all of the evidence, both for and against him, will be argued in open court so we'll get to hear it. It would be hugely frustrating if he'd been allowed to plead it down to some relatively light sentence. I'm sure his lawyer tried and the fact that he's pleading not guilty means that the DA isn't willing to bargain.

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ts



Joined: 10 Jul 2008
Posts: 222
Location: Colorado

PostPosted: Mon Oct 12, 2009 4:12 pm    Post subject: Reply with quote

"Bicycle Bill" wrote:
Everyone who thinks that McKinney should be in court rather than stalling and postponing everything, go to the DMRegister site, log in, and post comments.


Count me out. I think we risk coming off as vindictive by doing something like that. Maybe I missed it, but I don't recall news about him filing for any extensions or postponements. He's met his arraignment date, and the trial is scheduled to take place roughly 3 months after the crime. For essentially a manslaughter trial, that doesn't seem overly long. I say let him have his day in court and hope that justice prevails.

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"Bicycle Bill"



Joined: 23 Aug 2006
Posts: 787
Location: Onalaska (suburb of La Crosse), WI

PostPosted: Mon Oct 12, 2009 4:40 pm    Post subject: Reply with quote

ts wrote:
"Bicycle Bill" wrote:
Everyone who thinks that McKinney should be in court rather than stalling and postponing everything, go to the DMRegister site, log in, and post comments.


Count me out. I think we risk coming off as vindictive by doing something like that. Maybe I missed it, but I don't recall news about him filing for any extensions or postponements. He's met his arraignment date, and the trial is scheduled to take place roughly 3 months after the crime. For essentially a manslaughter trial, that doesn't seem overly long. I say let him have his day in court and hope that justice prevails.


Pre-trial hearing set for November 17th (roughly a month from now), with trial itself set for December 3rd, which is roughly three months from date of incident. OK, I'll give you that one .... if in fact it comes to pass on that timetable.

However, remember that he had one arraignment hearing postponed already. I'm curious to see what is done between now and the pre-trial hearing; it will also be interesting to see what is said/heard and what motions are made at the pre-trial hearing in November.

The fact that he is willing to waive his right "to a speedy trial" sounds, to me, like another way of saying "I don't care how long we drag this out".

And as long as I'm on my soapbox, can somebody furnish us with an exact list of the actual charges? The DMRegister article says he entered a written 'not guilty' plea (quoting the article) "to the charges of hit and run and obstructing prosecution". Now I realize that this was only a seven-sentence newspaper article and doubtlessly doesn't go into every detail, but is anybody but me concerned about the description of the charge? "Hit-and-Run" seems rather low, almost a minimal charge, considering
1) the incident resulted in a fatality and
2) statements by witnesses reported at the time claimed the vehicle was being operated at a high rate of speed.

For that matter, 'obstructing prosecution' seems rather benign, too. He hid the truck in a garage, and reportedly tried to repair the damage to it!!! OTOH, 'obstructing prosecution' makes it sound like he did nothing more than refuse to give his driver's license to the investigating officer.

Let's call it like it is: vehicular manslaughter; failure to render aid; leaving the scene of an accident; failure to report an accident; and attempted destruction of evidence.

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jelly0317



Joined: 15 Dec 2006
Posts: 94

PostPosted: Mon Oct 12, 2009 4:51 pm    Post subject: Reply with quote

The fact that the defendant entered a written arraignment and plea of not guilty does NOT mean that the "DA isn't willing to bargain". Almost every criminal defendant in Iowa would do the same thing at this stage of the proceedings. In some counties, a written arraignment is a requirement, rather than an in-court appearance. Also, a "not guilty" plea does not guarantee a trial; negotiations between the County Attorney and defendant's counsel will continue. Finally, waiving one's right to a speedy trial is done by almost every defendant who is out of custody; it doesn't mean that the defendant is "stalling and postponing everything". Everyone should just take a deep breath and let the system work.

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