Redding Race 6/24/12

[RichH]

Charges to be considered;

#9 GVI in the pits

Official NFRA deposition as follows,

Late Saturday afternoon. Getting ready for the third or fourth practice session. Karter agree to go out for some laps. Its HOT. The black drivers suits are zipped up, helmets on, gloves on. Kart #19 WF motor running. Kart #9 pushing his starter button like some kind of maniac. Nothing happening. Fellow karter jesters to the sparkplug location on the #9 karts motor. The little white thingy that is usually screwed into the hole at the top of the motor is not there. The little black wire thingy is just hanging to the side like a limp noddle. Now both karters are fully suited up, in their seats. Sweat building up inside of their suits and pooling at their lower regions. Kart#9 driver jumps out and starts to screw in the white thingy. He is so flustered at this time, probably flushing red like some jr. higher at his first dance that he forgets to install the CHT sensor on the white thingy. He starts all over and when finally done and back in the seat. The usually dependable WF fires right up.

Official Request for a Continuance

Since the only witness to said event will not be able to attend the next session of court. I would like to have said charges officially filed and be resolved at a later date. However if the Kart owners#90, and #47 would like to take this and run with it. I leave that at the courts discretion

[ron90]

LMFAO

[Captain Roo]

Two of the central tenants of our justice system is a defendant’s right to a speedy trial and to face his accuser.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "n all ... prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . .". The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.

In Barker v. Wingo (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a case. The court finds that the plaintiff's requests for continuance fails all four tests.

The court also finds that a defendant's right to face his accuser cannot be usurped. Especially when the accuser has gone into hiding where ropes, safety belts and cleats are required to reach his location.

However, if the defendant agrees to waive his rights to both a speedy trial AND facing his accuser then the plaintiff’s request will be allowed.

[ron90]

Wow that is a stretch on your analysis of Barker. Based on the facts of the present case, Barker is inappostite. Needless to say the point is moot as the Defendant waived his right to a speedy trial.