It Is Sad

[R0cketer]

LPD, you could make the pope cuss.

This isn't how the court system is supposed to work, right? So what are they supposed to do, speed things through, or have people who are involved in it prosecute/defend it, so they can turn right around 6 months later and have it thrown out because of someone inapprorpriately involved and have to go through the whole thing again. This isn't a speeding ticket or Billy Bob beating up Larry Bob, this is a major investigation. Unfortunately the system works in the reguard that small fish are set free to try to catch the big fish, that's the way it works.


You're right you don't constantly tear a scab away and expect something to heal just like you dont ignore it say wow that broken leg was awful and expect it to heal all by itself either. To heal a wound, it has to scab over, and it has to be bandaged, stitched, or have surgery. Washing it with cold water might make it look better but it doesn't heal it. You want it to have came out, go oh my God thats bad and embarassing and then turn around and say let it heal. It has to heal but you have to keep the wound from tearing open again 5 weeks later and that isn't going to happen until the source of the wound is dealt with, and by dealing with it, you have to sterlize it, not just rinse it off.

Yeah OJ got his day in court, but how long did that take. Now consider that was 1 man involving 2 other people and a murder. This is how many people? Involving government people and deals and all. I'm sure that something wasn't done right or hasn't been done right, but I am pretty confident that a good lawyer and/or a sympathetic judge can find something on about any case, so the idea you have is to just stop worrying about anything because it wastes time or money? You're right there are problems in the system, no doubt, but I think you're crazy if you think anything done so far is going to 'heal' anything.

And you know why it can't heal.
Their searching for to much, over what some good ole boy got mad and said, about some other good ole boy.

The real deal is this. Their trying to connect the voter fraud and gambling to total corruption. Well if it is then it is rampant all over WC. And they can go back to years starting right at the WC court house or county seat, as it use to be called and start there.

Here is what the story is as the prosecutors want to tell it.

Here you had a small town that had voter fraud issues. But as we got into this case, we determined with the help of someone, that illegal gambling was going on and town council members and police officers, were paid to look the other way.

Now what McAfee, Stewart, or Dotson don't wants to say.

Yet i worked as the towns attorney or had some function with the town, and knew the gambling went on for years. Yet as a member of the bar, i never said a word, or i thought things were suspicious, but never reported anything.

The problem, is there is no evidence supporting the illegal gambling and the voter fraud ordeal.
Just someone in the voter fraud case, that got mad and turned others in. So someone had to act.

As i said i don't condone any of it.
But the illegal gambling was not an issue, and i know went on for many many years as far back as when i was a child. The voter fraud comes up and out pops the illegal gambling.
If there was any evidence, linking the two, do you not think the special prosecutors, would not of jumped all over this?

And then there is no charges to those in the gambling. Yet seizure of property and other items but no charges. Even the city of Bristol has faced this, and yes charged those involved and seized property and other items.

What about due process of the law. Just like those, we the US, are holding as prisoners, who came out of Iraq. How long does it take to build a case, before you go to trial.

To me i want it over. Build a case if you have one. If you don't, admit it and let a town and community rebuild.

But constantly see this in the paper and still nothing done. It's actually more detramental to the town and our court system than it needs to be.
And it allows no closure to the folks in Appy who want to rebuild and re-established a town back, to the name it use to have.

I dont' think that is to much to ask. I think any other town and it's citizens in WC would ask the same. Is that to much to ask. Volumes of evidence, as was stated, but no closure.
Or maybe just not enough drama yet. With an upcoming election year.

[R0cketer]

Dude, simple FACTS

You posted about more arrests in June. If you go get a ticket for speeding, you'll be lucky to have anything in court in 2 months unless you go there, pay your fine and leave.

This is a complex case. People were ARRESTED for this, it's not someone talking and hearing something out at the Wal-Mart.

You don't hear facts until cases go to courts. No attorney is going to tell everything they got until they go to court.

It takes a freaking year to Divorce someone, and that is not criminal (although some would disagree).

Appalachia just got a new mayor what, a month ago, if that long? They still havent' filled all the positions, yet you're wanting it over already.

It is not a lawyers job to go on hearsay, or such and guess what, even if the lawyers knew or heard of the rumors of gambling, they aren't the people who investigate it, that's what police are for. You can't just go busting in on someone because Ralphie down the road heard something. So if McAfee or someone knew about it, all they can do is mention it to someone, not pursue it.

I do understand that you want Appy out of the negative light but again, 2 months into something wanting to click your heels and go back to Kansas doesn't make it go away. Give the thing time sheeesh.

Time.
Dang Rock you know how that is in WC. Either they know what they have with all their evidence or they don't. How many are looking over this evidence.

3 attorneys have been involved, and i'd like to know what it has cost so far.

You have what two of WC's best and it's Commonwealth Attorney and they can't decide if they have a legitmate case or not. Or they have conflict of interest. They didn't know this going into this? Why not? Yet their 3 of WC's best.

And yeah in reality from what i was told. Tying it all together was based on herasay, or a deal.
That is one reason, no charges have been brought, on the one illegal gambling case.
They can't tie it together. As they were told they could. Someone cut a deal and played them.
Hate to say it. But they may have the voter fraud case, but linking that with the other. It looks very slim.

So find the truth and get it over with. They have all the evidence.
Either two cases, one of voter fraud and one of illegal gambling.
Or total corruption of a small town, as was first hyped, by the special prosecutors.
Either way research it.
Charge those involved and get it going.
But do something.
Besides changing special prosecutors every month.

[imported_elp6n]

RIGHT TO A SPEEDY AND PUBLIC TRIAL
I believe that in Virginia the "speedy trial" statute lists 5 months as due time to bring a case to trial, and it's 9 months for those not held in custody while awaiting trial (as in the case of those indicted in Appalachia).

Source and Rationale .--The right to a speedy trial may be derived from a provision of Magna Carta and it was a right so interpreted by Coke. 12 Much the same language was incorporated into the Virginia Declaration of Rights of 1776 13 and from there into the Sixth Amendment. Unlike other provisions of the Amendment, this guarantee can be attributable to reasons which have to do with the rights of and infliction of harms to both defendants and society. The provision is ''an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself.'' 14 The passage of time alone may lead to the loss of witnesses through death or other reasons and the blurring of memories of available witnesses. But on the other hand, ''there is a societal interest in providing a speedy trial which exists separate from and at times in opposition to the interests of the accused.'' Persons in jail must be supported at considerable public expense and often families must be assisted as well. Persons free in the community may commit other crimes, may be tempted over a lengthening period of time to ''jump'' bail, and may be able to use the backlog of cases to engage in plea bargaining for charges or sentences which do not give society justice. And delay often retards the deterrent and rehabilitative effects of the criminal law
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Keep in mind the investigation is ongoing. They're not standing around twiddling their thumbs.

Those indicted may want their lawyers to continue to gather as much fact on their behalf as possible and not rush into things. This will provide them with a better defense.

Also, I've spent a good amount of time in Appalachia in the last few weeks. The folks I've spoken too have basically washed their hands of the matter and are ready to move on for the sake of their town. They're not worried or worked up over this trial - they're taking care of business.

I think several are missing the big picture. With it ongoing. Appy cannot get much accomplished.
As far as structuring the town and getting grants etc.
Many in the grant and political system, want to make sure the town is on stable ground, before they will commit to anything.
You see this just didn't hurt Appy with a little black eye. It hurt Appy in other ways. The last several years some of these people, in the voter fruad case, had influence in the town. And some were very influential. From past mayor to the recently put out mayor.
And those now taking over are kind of lost, until they can get up to speed.
Like i said. I just want to see it all ended.
With all this still ongoing. And the money out there right now for some things. Well Appy is losing out.
Some wonder if this gets blouched, well what will happen to Appy then. Those in the political and grant arena especially.
It goes a little deeper than a little egg on the face. That is why it needs to be dealt with in the right manner and quickly.
The longer it drags out, well the more Appy actually loses.

[R0cketer]

And I guess, the difference is that others see that differently.

Let's call a spade a spade, things haven't been great in Appy for awhile. You can only wax your car so many times to try and make it look better, eventually you have to paint it. Let Appy paint it. It's understandable that people want to get past it, but again, trying to rush things and not pursue and finish investigating and checking things out will not discourage the stuff from happening again.

If the folks that being leaned on talk, I bet this becomes a BIG case. [img]/LDPforum/ubbthreads/images/graemlins/grin.gif[/img]

[imported_Counts]

You are probaly right but that could drag things out.....I think Appy/SWVA would be better off getting everyone involved but it is also important as LPD has stated to get this thing overwith I think that is importnat as well but I will probably go with Spuds and Rocketerr on this it is probably better to do a compleat job even if it takes more time than a quicky job that might leave guily people punishment free

The only reason i want them to do what they need to do is the long term for Appy.

With constant headlines it hurts the town as a whole.

If the evidence is there develop a case and move on it. But at least do the indictments, special prosecutors and get it over with.

The longer this drags out without any action being taken, the more it hurts Appy and those who need this well done, esp. as far as who and what.

Hard to get grants when you never know who will be indicted next. It's been a few months now. Surely they have a clue of some kind.

It needs to be done correctly i agree. But it also don't need to be wait 3 months indict several more, wait 3 more months indict several, then change prosecutors 3-4 times.

Honestly folks that is a bit ridiculous. I hope at least a few see what i am trying to say. It may seem reduntant but it is for a reason.