March 10, 2012

SandBoxBlogs: Aspen Daily News "In sanctions appeal, DA accuses public defender of ‘gotcha’ tactic"

Update to this post on March 13, 2012 from the Aspen Daily News:
"An article in Saturday’s edition about the 9th Judicial District Attorney’s Office appealing a judge’s sanction contained incorrect information. The trial court’s order dismissing the case is a final order for purposes of appeal. But if the office wins the appeal, the defendant can be brought back to trial..."
(Read original correction?  Click title)
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Note from SandBox: 
(Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesty of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )

Chad Abraham:
"Even though Aguilera-Pimentel cannot be prosecuted again, Beeson decided to appeal.

The “issue of the sanctions imposed by the district court in our case is one of high importance statewide as it basically sets a standard of absolute perfection when dealing with discovery issues,” Beeson said in an email. “We believe this to be an issue of policy statewide, and we are confident that once the merits of the appeal are actually considered, we will prevail.”...."  (Read more? Click title)

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2 comments:

ebd said...

I would like to address some of the comments in this hub on previous posts regarding Martin's latest political race and the cry for someone in the legal community to step up to run against him.

There are some considering making a run. However, the reasons for not are complicated and not as simple to understand as your comments make them out to be. Prosecuting is a numbers run effort. The sheer case volume alone for a district the size of the 9th is the deciding factor. For example, it will not be simply a four year commitment. There are two years worth of case logs already scheduled. With at least another year of investigations already in process. The renew cycle is daily. The workings of our courts always run within these time constraints.

For anyone to commit to district attorney status they must be prepared to commit to two terms if they truly wish to garner change within the district. In the dilemma of tackling Martin's regime there is also the problem of leadership of a current group of prosecutors who have very firm ideas of where their loyalty and belief structure is held. Relationships take time and this will be a tough battle for a new district attorney.

There is no doubt that a majority exists in the 9th that believe it is time for Martin to be taken from office. If creative interpretation of law combined with bully tactics was not being used by Beeson then simply the law regarding no more than two terms to be served would have sufficed. Natural death by term limits would have been far easier on incoming challenge.

Have some patience with the local legal community as those thinking it over consider an eight year obligation.

Also, coverage from the perspective of the laws being upheld by Judge Nichols as she made this rare sanction of Martin's prosecutors, and the attorney views "statewide" that Martin claims to be speaking for would be appreciated from the Daily.

MR said...
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