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SouthernRain
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Posted: Mon May 19th, 2008 07:27 pm |
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k.dubb wrote: Deaglos wrote:
I am for protecting the innocent.
If this is true, you should keep an open mind until the courts have thoroughly investigated the appeal.
I can tell you from experience that a jury does NOT always get it right! That is why there is an appeals process.
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k.dubb
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Posted: Mon May 19th, 2008 07:29 pm |
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romegasir wrote: This discussion was had on another board, about a year ago............................and for those of you who actually have no dog in the fight, DO NOT BELIEVE WHAT I SAY, DO NOT BELIEVE WHAT OTHERS SAY..........do your own research. I know some of the officers involved in this case and they have been maligned in many different ways, from being called lazy, incompetent to being outright liars............................one was accused of IGNORING a witness, who the defense claimed begged the officer to listen to his version of events and the officer refused.............in court it came out that what really happened was the witness asked the officer "do you need anything?" and the officer said "Nope, I got it under control"................a far cry from the defense claim.
This is from RNT article:
"Lanier’s motion for mistrial was based on the fact that testimony as well as a videotape shown this morning mentioned the word “number” surrounding Dunagan’s DUI arrest. Floyd County Superior Court Judge J. Bryant Durham Jr. had previously ruled that no reference to specific blood alcohol content could be admitted into evidence during trial."
Now, if Tereca is correct and the blood alcohol test showed ZERO, why would the defense want that excluded??????????????? anyone?????? (and presuming that the blood alcohol test showed ZERO) why would the officer bother charging him with DUI?????????????
Mr. Dunagan refused the blood test. Therefore, it is impossible for Tereca to have seen the results. A warrant was issued to get blood, a warrant was granted, the law had changed before Matt went to trial, therefore, thrown out.
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k.dubb
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Posted: Mon May 19th, 2008 07:31 pm |
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SouthernRain wrote: k.dubb wrote: Deaglos wrote:
I am for protecting the innocent.
If this is true, you should keep an open mind until the courts have thoroughly investigated the appeal.
I can tell you from experience that a jury does NOT always get it right! That is why there is an appeals process.
Keeping an open mind. Thanks.
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k.dubb
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Posted: Mon May 19th, 2008 07:35 pm |
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tereca33 wrote: Are you sure that when told by the officers to to be quiet and listen, the officer's may have been trying to read him his rights, or maybe trying to read him the implied consent to testing, or maybe the officers were trying to make sure everything was on audio and video to protect the innocent as well as the officers?
maybe they were trying to take care of Candace and didnt need the distraction of someone talking? I am sure it was very hectic that day and alot of people were there. no need to hate on truckers or anyone that has to drive for a living. afterall, this thread is about the case, not the drivers of trucks.
not hating on truckers. I luuuuuuuvs me a trucker!!!!! (smile)
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romegasir
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Posted: Mon May 19th, 2008 07:42 pm |
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those with prior DUIs, especially multiple DUIs, seem to get harder and harder to convict................................................................
Had you been in an accident, and were not under the influence of alcohol or drugs, and were given the opportunity to prove you were not under the influence, would you take that opportunity or refuse it????????????????????
Wonder how much time passed from the accident til the blood test that Tereca saw???????????..................It's not like he was run to the hospital and had blood drawn, right? they had to write a search warrant, find a judge, get it signed....................so in that case, I believe Tereca....................his blood alcohol was ZERO hours after the accident........................ Fair enough.
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k.dubb
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Posted: Mon May 19th, 2008 07:42 pm |
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tereca33 wrote: k.dubb wrote:
Mr. Dunagan refused the blood test. Therefore, it is impossible for Tereca to have seen the results. A warrant was issued to get blood, a warrant was granted, the law had changed before Matt went to trial, therefore, thrown out.
there WAS a blood test...so, no, it wasnt impossible for me to see it...i DID see the blood test results.
one question & i'm done with this. WHY WAS A ZERO RESULTS BLOOD TEST CONTESTED BY THE DEFENSE!!!!!!!
My apologies if I have offended anyone today. Not my intention. Surprised by the news article. Everyone be safe.
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k.dubb
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Posted: Mon May 19th, 2008 07:45 pm |
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romegasir wrote: those with prior DUIs, especially multiple DUIs, seem to get harder and harder to convict................................................................
Had you been in an accident, and were not under the influence of alcohol or drugs, and were given the opportunity to prove you were not under the influence, would you take that opportunity or refuse it????????????????????
Wonder how much time passed from the accident til the blood test that Tereca saw???????????..................It's not like he was run to the hospital and had blood drawn, right? they had to write a search warrant, find a judge, get it signed....................so in that case, I believe Tereca....................his blood alcohol was ZERO hours after the accident........................ Fair enough.
I agree about getting harder to convict. Drive under the influence. No prob. Bond out in an hour, get the 30 day driving permit, drive yourself over to the nearest Kangaroo to get another cold one to get you through the hard day you just had!!!!
Sorry RGS, just a little sarcasm. 
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dragonmom
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Posted: Mon May 19th, 2008 07:46 pm |
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| I can not believe I agree with RGS. I guess there's a first time for everything.
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k.dubb
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Posted: Mon May 19th, 2008 07:50 pm |
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romegasir wrote: those with prior DUIs, especially multiple DUIs, seem to get harder and harder to convict................................................................
Had you been in an accident, and were not under the influence of alcohol or drugs, and were given the opportunity to prove you were not under the influence, would you take that opportunity or refuse it????????????????????
Wonder how much time passed from the accident til the blood test that Tereca saw???????????..................It's not like he was run to the hospital and had blood drawn, right? they had to write a search warrant, find a judge, get it signed....................so in that case, I believe Tereca....................his blood alcohol was ZERO hours after the accident........................ Fair enough.
Thank you. You're talking at LEAST two hours from time of accident location to actual blood draw. I wasn't trying to imply that Matt had killed a fifth of whiskey and wet his whistle with a great big forty, only that some alcohol was in his system. (Probably he just spilled it all over himself by accident). The officer that worked the accident is a very good officer. He was competent then and is competent now.
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k.dubb
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Posted: Mon May 19th, 2008 07:52 pm |
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dragonmom wrote: I can not believe I agree with RGS. I guess there's a first time for everything.
what can't you believe? The time it took to get the test?
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romegasir
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Posted: Mon May 19th, 2008 07:53 pm |
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dragonmom wrote: I can not believe I agree with RGS. I guess there's a first time for everything.
Rule 1 - Never Admit it...................................................see, next time you make a valid point, you'll be scorned for having agreed with me in the past LOL.................
I believe it's the "association" fallacy...................
and let me repeat I BELIEVE THAT TERECA SAW A BLOOD TEST SHOWING MATT'S BLOOD ALCOHOL CONTENT WAS ZERO at some point after the accident........................................Don't want to be accused of calling Tereca a liar..............................
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JustMe
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Posted: Mon May 19th, 2008 07:58 pm |
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Where's stoker? He always makes the popcorn and peanuts. This will be a long thread I think! 
I have no opinion either way. All I know is what I've read. 
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romegasir
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Posted: Mon May 19th, 2008 08:01 pm |
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Everyone's blood alcohol content is Zero.....................................eventually
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romegasir
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Posted: Mon May 19th, 2008 08:08 pm |
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speaking of lawyers, I will say that I believe Matt got a raw deal from his attorney during the trial.................................from my perspective, it seemed that his attorney was too busy trying to appease the Dunagan family by trying to waste time disproving or attacking every negative piece of evidence to "clear Matt's name"............................imho, he should've focused on destroying the DUI and the reckless driving charges and NOTHING else, that would've done away with the serious charges as these two crimes are elements of the more serious offenses.............................
Also, for a high-priced defense attorney, ex-DA to miss witnesses that were available via public record and misquote witnesses in sworn affidavits to the extent that it changed the entire testimony of the defense witness are mistakes made by $30K per year attorneys..........................................
I believe, imho, his attorney realizes his own mistakes clerically, legally and strategically and has made it his mission to do much better in the appeals process (which he has)...........and I'm betting it's for a much-reduced rate.......................
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RNpara
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Posted: Mon May 19th, 2008 10:53 pm |
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| I have to travel through this intersection everyday due to the fact that i live out there and i will tell you for a fact that it is a very dangerous spot even now after they have supposedly fixed it (yeah right). There has been more than 1 accident there and more than 1 death. Matter of fact a few months later another accident happened the exact same way, only thing is the guy that hit the car that was turning was killed due to his car being much smaller. I was working the day of matt and candice's wreck and i think personally from the standpoint of an emergency worker that this was an emotional case and they needed someone to blame. I think it was an accident. Was matt going too fast, maybe. Did she turn in front of him, possibly. They both probably ran the red light, but IMO we do not need to bash either party involved i think they have both suffered enough. I am thankful everyday that i did not respond to this call although i do know the medics that did, and i feel for them and the officers involved that will have to go through this trial again.
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