Gracia Hearing Day 5

So, the hearing got underway and Prosecutor Linda, who requested they each submit briefs on the 5th Amendment, didn't turn in her homework.  The defense did.  Prosecutor Linda then put them all through the drill of putting each of the Gracias on the stand to have them invoke their 5th Amendment rights.  Prosecutor Linda then argued that their invocation of their rights be construed against them.

OK, so understand that it is the general rule that invocation of rights in a civil proceeding can be construed against one.  HOWEVER, civil seizure proceedings are quasi-criminal; not really civil at all.  It's been 35 years since the US Supremes looked at this and that was before all these civil seizure laws.  Seems time for them to take another look if prosecutors are going to play in civil cases that aren't really civil at all.  Any quasi-criminal proceeding, especially ones that are potentially predicate to criminal charges, should fall under the same or nearly the same rules as criminal proceedings or it is simply much too easy for legislatures to create civil proceedings that completely undermine and abrogate constitutional rights.

Dweeby judge apparently considered issuing a bench warrant for a witness who was never subpoenaed!  Hey, judge, that's a quick way to find yourself in front of the judges of judges!

The judge entered judgment against the Gracias, of course, another rubber stamp judge.  So sad but I guess to be expected from one who clearly doesn't even know his own jusridictional limits, let alone have any real knowledge of the law and to prove it further...

Notice of appeal was filed and then a motion to preserve evidence.  Well, dweeby judge didn't want to rule on the motion; thinks his jurisdiciton ended with his entry of judgment.  OMG, this guy is an IDIOT!  I wonder if he'll order the file to be sent up to the appellate court or not.  I mean, really, if he has NO more jurisdiction...  YES, he had jurisdiction to rule on that motion - in case anyone was still wondering.

The "bill" submitted earlier in this hearing was for $14,000.  The dweeby judge let them enter a new "bill" for $38,000 without proving it up and then, and THEN, set the appeal bond at $44,000!  (How exactly does a bill more than double in less than twice as much time AND while the animals are dying?)  Ah, well, get your contributions in to the defense if you can as we need to put a stop to these governmental and HSPCA/humaniac abuses ASAP!

Thank goodness this case is mostly out of dweeby judge's hands!  Cross your fingers that the appeal starts off with a ruling that the JP never had jurisdiction at all, that Prosecutor Linda filed in the wrong court; with a mandate for immediate return of all the animals to the rightful owners, the Gracias.

And everybody send some good vibes my way so I can find the energy to back up and review this bumblef*** of a quasi-prosecution now that we've got the details of just how outrageous and illegal the actions of the HSPCA and government were and continue to be.  I do hope dweeby judge and Prosecutor Linda have enjoyed my relatively polite tone to date as I expect it will be changing shortly and that will be the nicest I'm going to get.

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