"'If you watch the video, there's a moment where I'm in a lot of pain,' Colin Edwards began, 'then I kind of bend down and I'm looking at him for a couple of seconds and right there I'm like Fuck. We lost him. You just know.'"
-Cycle News, Edwards Talks About That Fateful Day
Like Uncini's crash -- no helmet. Neck and head injuries need more tech for all riders....mandated helmet retention straps connected to airbag suit with carbon-fiber neck brace? Would that have made any difference? Dale Earnhart's broken neck resulted in mandatory Hans Device for all NASCAR Cup racers, to prevent basil skull fractures.
Marco Simoncelli, 24, tragically lost his life on Sunday when he crashed while racing for fourth place on the second lap of the Malaysian Grand Prix and was hit by Colin Edwards. Valentino Rossi was also involved in the accident. The race was red-flagged and, eventually, cancelled.
Simoncelli, the 2008 250cc world champion and a 14-time Grand Prix winner, lost traction on his factory San Carlo Gresini Honda RC212V, fell and the tangled mess of bike and rider was projected directly into the path of Edwards. Simoncelli’s helmet came off in the crash, leaving him unprotected. Edwards suffered a dislocated shoulder. Rossi ran off the racing surface but managed to remain upright.
Simoncelli had qualified fifth for the penultimate race of the 18-round season. One week earlier at Phillip Island in Australia, the Italian had placed second behind newly crowned series champion Casey Stoner. It was Simoncelli’s second podium of the season and best finish to date in the premier MotoGP class.
Race director Paul Butler held a press conference shortly after the race was called. The press was told by MotoGP medical director Dr. Michele Macchiagodena that Simoncelli suffered trauma to the head, neck and chest. Simoncelli was unconscious when medical staff arrived, explained Macchiagodena, and attempts to resuscitate him were unsuccessful. “Unfortunately, it was not possible to help him, and at 16:56, we had to declare he was dead.”
Butler said the accident “will be thoroughly investigated. Our sympathies go to his family, and we want to show every respect possible to Marco.”
Simoncelli moved up to the MotoGP class in 2010 and was a charismatic and controversial figure. Yamaha factory rider Ben Spies, who had withdrawn from the Malaysian GP due to injuries suffered in Australia, was in the television commentary booth with broadcast regulars Gavin Emmett and Nick Harris for the race. During the pre-race show, Harris noted that Simoncelli had received a fair amount of criticism earlier in the season for his aggressive riding.
“Yeah, he has,” agreed Spies. “But he’s come back from every time that’s happened and been fast. He hasn’t let it get to him. Honestly, I haven’t had too many problems with him. We had a good race in Mugello–two hard, clean passes. I think he’s learned from his mistakes. He definitely was a little overzealous with his passes early in the season. There are only 16 or 17 [riders] on the grid, and you want to keep everybody happy.”
Simoncelli was expected to remain with Honda in 2012. “Marco was a very nice guy and a very talented rider,” said HRC VP Shuhei Nakamoto. “Sometimes, I was a little harsh with him, but I wanted to motivate him, as I knew he was able to do even more. Now, I just want to say thank you to Marco for what you gave me and pass my sincere condolences to his family at this very sad time.”
Bridgestone’s Taka Horio added, “Simoncelli’s ascent through the field in just two seasons has been fantastic to watch, testament to his raw talent, ability and dedication to the sport he so loved.”
Kenny Roberts, Jr., 2000 500cc world champion, issued the following statement: “The entire Roberts Family is deeply saddened by the news about Marco. We wish to send our condolences to his family, friends, fans and MotoGP. We will never forget him.”
“I met Simoncelli this past summer and gained a sense of his easy energy, purpose and confidence,” said Cycle World Technical Editor Kevin Cameron. “There is no number of gravel traps that can prevent this kind of accident, in which a rider is tangled up with his own bike and kinetic energy carries them unpredictably into the paths of others. It is always perplexing to confront the leap from being into non-being. How can this be? No answer is satisfactory. I am sorry for the life that is lost.”
Simoncelli’s greatest on-track rival, Repsol Honda rider Andrea Dovizioso, said, “Marco was a strong rider, and he always pushed hard. We raced together since we were kids. I saw him always pushing to the maximum. He crashed many times but without major injuries. He seemed invincible. What happened today seems impossible.”
Paul Butler opened the press conference, saying: “The purpose of this press conference is to apprise you of the circumstances that resulted in the tragic death of Marco Simoncelli. You know who we all are, the Race Direction; Claude Danis who is the FIM representative, Javier Alonso the Dorna representative, Franco Uncini the riders’ representative, and I’m Paul Butler the IRTA representative and Race Director. Michele Macchiagodena is our Medical Director and he will explain to you the circumstances that resulted in this death.”
Michele Macchiagodena said: “I’m very sad to be here to report about the death of Marco Simoncelli, a friend. Because of the crash he had during the race, in which he was hit by other riders, he suffered a very serious trauma to the head, to the neck and the chest. When our medical staff got to him he was unconscious. In the ambulance because there was a cardiac arrest they started CPR (cardiac pulmonary resuscitation). Immediately in the Medical Centre, with the help also of the Doctor of our staff at the Clinica Mobile and local Doctors, he was intubated and it was possible to take off some blood from the thorax. The CPR was continued for 45 minutes because we tried to help him for as long as we thought it was possible. Unfortunately it was not possible to help him and at 16:56 (local time) we had to declare he was dead.”
Paul Butler responded to a question about Marco Simoncelli’s helmet coming off in the crash by saying: “I think if I may reply, that will be for another occasion. Quite clearly the consequences and circumstances surrounding the accident will be thoroughly investigated.”
Answering a question about the condition of Colin Edwards, who was involved in the incident, Michele Macchiagodena said: “He had a dislocation of the shoulder and with anaesthesia the shoulder now is in the correct position. He is fine.”
Paul Butler concluded the press conference by adding: “Our sympathies go to his family and we want to show every respect possible to Marco.”
Marco Simoncelli’s funeral will take place in Italy tomorrow (Thursday) with more than 50,000 fans expected to attend.
Italy has been a nation united in grief since the popular 24-year-old died from multiple injuries sustained in a second lap incident during Sunday’s Malaysian Grand Prix at Sepang.
Simoncelli lost control of his Honda RC212V machine at Turn 11 and was struck by American Colin Edwards and nine-times world champion Valentino Rossi.
The San Carlo Gresini Honda rider’s body arrived from Kuala Lumpur in Rome on Tuesday morning and the funeral service will take place in the church of Santa Maria Assunta in Coriano at 3pm (Thursday). The former 250GP world champion will be buried in the cemetery of his home town close to Riccione on Italy’s Adriatic coast.
Close friend Rossi, Dorna CEO Carmelo Ezpeleta and former world champion Jorge Lorenzo will attend the funeral service.
Mr Clark had a massive stroke 3 weeks after this video discussing dismissal of charges in the alleged redlight camera shooting case
Alternate title: State of Tennessee Attorney General Defrauds Court of Appeals in Violation of Court Order to Dismiss Case Against Cliff Clark, AG Hires Clark's Lawyer to Block Appeal to TN Supreme Court and Ensure His Silence That a Knox Deputy Confessed to Shooting a Redlight Camera
"Mr Clark is innocent of the charge of allegedly shooting a red-light camera."
-Ron Newcomb, former attorney for Clifford Clark and current deputy attorney general prosecutor in Sevier County who knows the difference between Innocent and Not Guilty
"Once a revered Knox County Criminal Court judge, Richard Baumgartner on Tuesday shuffled into a federal courtroom in shackles, accused of covering up the drug-trafficking crimes of the mistress he met via a Drug Court program he helped found. Baumgartner, who sent thousands of people to prison in his nearly two-decade-long tenure as judge, was arrested Tuesday as he drove away from his East Knox County farm and hauled into U.S. District Court with shackles on his feet and a chain wrapped around his belly and connected to handcuffs." -Jamie Satterfield, Knoxville News Sentinel, Former Judge Richard Baumgartner faces 7 federal counts of failing to report felonious activity, May 16, 2012
One judge in this case -- Richard Baumgardner -- has already been arrested, convicted and disbarred for being stoned on dope and having sex with his drug dealer in judges chambers during this trial, and the judge buying his illegal narcotics FROM POLICE OFFICERS with FULL KNOWLEDGE OF KNOX COUNTY D.A. RANDY NICHOLS in a conspiracy of silence, according to 1,200-page TBI report now made public. 1000s of convictions will now be overturned, including 5 mass-murder convictions last week, except for one...Cliff Clark's case. Read the 1200-page police report, probably a result of the Dragonater's investigative report of this judge's bizarre courtroom ruling that videotaping clothed adults at a public swimming pool is now "kiddie porn". The AG condoned the judge's intoxication in order to extort bogus convictions, according to eyewitnesses in the news. This ex-judge also refused to allow exhumation of the corpse of the former AG to protect co-conspirators, during his widow's murder trial (both murder convictions also to be overturned?), as seen on Court TV.
KPD dashcam video shows the camera had zero bullet holes 30 minutes AFTER Cliff Clark's arrest...2 holes should be visible from this angle
KPD patrolcar video proves the Redflex camera was without bullet holes AFTER Mr Clark was arrested and driven to jail. Mr Clark's 30-06 with 150-grain factory-load bullets was "extremely high-powered" according to KPD and would have left 4 very large exit holes visible in this image. KPD photos proved only 1 small exit hole on the right side with 4 small entry holes including 1 entry hole on the back (left side in this video) -- these KPD photos were suppresseed by the TN Court of Criminal Appeals because they prove Mr Clark was innocent. KPD, Redflex and Knox DA destroyed all ballistic evidence in this case, which would have proven Mr Clark's lawful rifle did not fire the low-powered bullets that allegedly hit this (or another?) camera. Redflex was fired by City of Knoxville for suspected bribery and contract fraud during Mr Clark's case, and Redflex refused to testify against Mr Clark, and Knox DA testified that Redflex fled the jurisdiction to its home base in Australia. Mr Clark never got a redlight camera ticket, and was never sued in court for a redlight camera ticket. Lawyers, judges and lawmakers agree, there is no legal requirement to ever pay a redlight camera ticket, so there was no motive for Mr Clark to shoot a redlight camera. Charges were dismissed 1 week after Mr Clark subpoenaed Knox County Deputy Mark Mcconnell to testify a Knox deputy confessed to shooting a redlight camera.
"On or about September 24, 2009, Defendant's counsel was notified that Mr Clark is currently in the intensive care unit out of state due to suffering a massive stroke. Mr Clark underwent surgery as a result of the stroke [costing $400,000]."
-Ron Newcomb, Motion to Continue Trial, filed 30 Sept 2009 -- page 1 -- page 2
"The State's response asserts that its research has provided no definitive answer to either question posed by this court. The State asserts that there can be no dispute that the defendant cannot be tried on the remaining pending charges if he is determined not to be competent to stand trial. Therefore, the State concludes that 'it is in the interest of all parties' for this matter to be remanded to the trial court for a forensic competency evaluation of the defendant. The State indicates that it would have no objection to this court holding this appeal in abeyance pending the reoslution of the motions challenging the defendant's competence to stand trial on the remaining pending charges 'since such resolution might impact the State's decision to proceed further with its appeal in the present case.' We see no purpose to be served by a remand to the trial court to determine the defendant's competence to assist his counsel in pursuing this appeal. The motion for a forensic competency evaluation is therefore not well-taken. Accordingly the motion is DENIED.”
-COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE, State vs Clark, ORDER, 13 August 2010
"Based upon the finding of the Defendant being medically incompetent to stand trial regarding these criminal charges pursuant to T.C.A. 33-7-301 et seq., and that said incompetency being medically permanent in nature, and upon fulfillment of conditions stated herein, these matters shall be dismissed with prejudice providing that the weapons and other items currently seized pursuant to the Defendant’s arrest by the Knox County Sheriff Department and or any other law enforcement agency will be released to Attorney Ron C. Newcomb of Burroughs Collins & Newcomb, PLC for full satisfaction of the Defendant’s financial obligation to Attorney Ron C. Newcomb. The courts costs of this matter are taxed to the State."
-Judge Mary Beth Leibowitz, Knox County Criminal Court Division 3, Docket No. 91484 and 90618, AGREED ORDER OF DISMISSAL WITH PREJUDICE, April 1, 2011
The TN Court of Appeals, in that same opinion, alleged that mentally incompetent defendants (incapcitated by a "massive stroke" in this case) can be prosecuted and convicted even though they cannot participate in their own trial defense, cannot afford a lawyer, and cannot speak to hire a lawyer because their own defense lawyer was hired as a prosecutor in the middle of his appeal. The court of appeals never bothered to mail a copy to Mr Clark of this first order re competency, only mailed the second order for remand:
"On April 29, 2010, Clark filed a “Motion for Forensic Competency Evaluation and Hearing Regarding Indigency for Costs of Forensic Competency Evaluation” in this court. On May 12, 2010, this court filed an order deferring its ruling on this motion and requiring the State to file a response addressing whether there is a 'constitutional or statutory requirement that a criminal defendant be competent to proceed on appeal when represented by counsel and, if so, what the proper standard is for determining whether a criminal defendant is competent to proceed with an appeal when represented by counsel.' The State filed a response on June 14, 2010. On August 13, 2010, this court entered an order denying the motion for a forensic competency evaluation at the appellate level and concluding that a 'non-capital defendant’s mental incompetence to assist his attorney in pursuing an appeal should not prohibit the appeal from continuing.'”
-COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE, State vs Clark, Footnote 4, Direct Appeal from the Criminal Court for Knox County, No. E2009-01795-CCA-R3-CD, 24 October, 2010
The TN Court of Criminal Appeals opinion of State vs Clark, dated 28 Sept 2011, alleged that cops don't need to see a firearm in order to search a car for firearms without a search warrant (contradicting the US Supreme Court in Arizona vs Gant).
1. Mr Clark has no attorney to fight this appeal. His attorney Ron Newcomb is now employed as a prosecutor in the Sevier AND Blount County attorney general's office. How CONVENIENT for the state attorney general to offer Mr Clark's attorney a job (2 jobs), eliminating Mr Clark's best opportunity to file a petition for certiorari to the TN supreme court against the state attorney general. Mr Newcomb was previously employed as a prosecutor by the Sevier County DA's office. Newcomb's newborn son required a kidney transplant, his insurance was maxed out, hence the move to Blount County's bankrupt government which has the best medical insurance in Tennessee at taxslave expense.
"Why would Ron Newcomb defend anyone as a defense attorney especially now? I thought he now was working as an assistant District attorney with the Sevier County 4th judicial district under James B Dunn. Ron Newcomb is obviously playing both sides of the fence. Defending criminals and prosecuting criminals at the same time? Is that not a conflict of interest?"
-Knoxville News Sentinel, 'Snake' bitten with 22-year prison term, August 18, 2011
"A man will not face charges in the shotgun death of another man in Sevier County. A county grand jury returned a no-true bill this week after reviewing evidence in the death of Michael Sutton, who died in July 2010. The prosecutor's office presented evidence against James Gregory Brown II. Sheriff Ron Seals said at the time of the shooting that witnesses said it was accidental -- that Brown dropped a loaded 12-gauge shotgun and it discharged, striking Sutton, who died before an ambulance arrived. Assistant District Attorney Ron Newcomb told The Mountain Press his office respects the grand jury decision."
-VolunteerTV.com, No charges in Sevier County shotgun death, 23 September 2011
2. Mr Clark did not need to be found incompetent by stroke in order to win all his cases. This is the real reason the State voluntarily dismissed its prosecutions for alleged trespass on campus by a UT student, and alleged aggravated assault of a deputy sheriff wearing a Metallica t-shirt who illegally broke into Mr Clark's home without a warrant, then ran screaming out of the house "having flashbacks to Afghanistan" when Mr Clark confronted him with a shotgun inside his own home.
4. Mr. Clark had a "massive stroke" 3 weeks after winning dismissal of the vandalism charge. Did you know that Medicare refuses to pay any medical bills for any person until 2.5 years after becoming sick under Social Security Disability? If a private insurance company pulled a scam like the fed govt -- taking money from customers the nrefusing to pay claims for 2.5 years, the executives would be immediately arrested -- convicted and sent to prison. Mr Clark's private insurance refused to pay for the $400,000 stroke, calling it a "pre-existing condition".
5. KPD, Knox prosecutors and Australian Redflex destroyed all ballistic evidence and audio evidence in this case. KPD officers testified they were standing within inches of the redlight camera as Mr. Clark allegedly shot it, yet those same cops testified they had no reason to make a traffic stop of Mr. Clark. The alleged police audio of those gunshots was destroyed by KPD. KPD testified Mr Clark's rifle was not in plain sight. There is no law against driving with an unloaded rifle, and no handgun carry permit is required, so Mr Clark violated no laws. There is no law requiring a permit to carry a long gun. How many people could be framed for a crime by police, using the sole "evidence" of carrying a lawful firearm in their vehicle?
6. Mr. Clark's rifle was a 30-06 caliber with factory 150 grain bullets, capable of penetrating 5/8-inch steel plate at 100 years, yet the thin sheet metal of the redlight camera housing only had 1 exit hole out of 4 bullets at less than 20 yards. KPD, Redflex and Knox DA destroyed the 3 bullets inside the camera housing, which would have proven Mr. Clark's rifle was not the weapon that shot the redligth camera.
7. Redflex is an Australian company that got 80% of ticket revenue. Redflex was fired by City of Knoxville for suspected bribery and contract fraud. Redflex refused to testify against Mr. Clark, and its employees fled USA.
8. The current redlight camera contractor in Knoxville is Lasercraft, based in Communist China.
9. The TN Court of Appeals cannot overturn the US Supreme Court's Arizona vs Gant.
10. Knox prosecutors already signed an agreed court order to voluntarily dismiss all prosecutions of Mr Clark, "with prejudice", officially due to his incapacitation by massive stroke. The State failed to appeal that agreed order within the statute of limitations, thus it is "impossible" (within the law) for the State to prosecute or convict Mr Clark. Mr Clark can get expungement of all dismissed cases, removing them from the public record. This includes removing this bad appellate opinion from the public record, denying its use by attorneys general as legal precedent. It's amazing the court dared classify this as a "published opinion" rather than an "unpublished opinion" (banned by order of the court from legal precedent due to being invalid caselaw).
11. It is part of the public record that Mr Clark's attorney, Ron Newcomb, filed a motion with the court for an indefinite continuance due to "massive stroke". Yet all news reports after Mr Clark's stroke refused to mention the stroke, instead implying that Mr Clark was insane, especially with inane comments by law enforcement lackeys. In fact, during this trial, Mr Clark obtained a signed letter from a psychologist on UT campus that nobody is more sane than Mr Clark, and Mr Clark is not a danger to himself or others. In fact, the State did return all of Mr Clark's fireams after the agreed order of dismissal, after Knox County deputies broke into Mr Clark's home and gunsafe, stealing $10,000 in firearms, including the shotgun used to lawfully defend himself inside his home from undercover cops "dressed as criminals", as well as the 30-06 rifle allegedly used for vandalizing a redlight camera.
12. Attorneys for Knoxville News Sentinel, WBIR TV, City of Knoxville and Knox County attorney general office threatened to arrest The Dragonater during the trial of Mr Clark, for daring to file a 50-page First Amendment appeal of an opinion from Judge Leibowitz banning TV coverage of this world-famous trial. Four previous judges had ordered The Dragonater to broadcast full coverage from inside the courtroom in this case. When Mr Clark started winning is when The Dragonater was banned. KNS and WBIR hold illegal secret contracts with City of Knoxville for propaganda placement, and The Dragonater had subpoened those public records. During that same hearing, Judge Leibowitz threatened to sanction Mr Clark's attorney Ron Newcomb for subpoena of a Knox County sheriff incident report where Mr Clark was severely beaten in the head by suspected undercover police or police informants with immunity from prosecution (causing his massive stroke), and threatened arrest Mr Clark for complaining that the judge's court order had been illegally written by the prosecution using false testimony that never appeared in the court record.
13. Why did it take 2 years for the Court of Appeals to write its opinion? Is it because it knows Mr Clark is incapacitated and unable to call their bluff and file an appeal to the TN Supreme Court? Will Mr Clark pay his attorney $1,000s more to appeal to the Tennessee Supreme Court, to fight for the Constitutional rights of everyone else? Mr Clark has already won his case and cannot be prosecuted under double jeopardy. How many prosecution appeals are decided AFTER the prosecution has dismissed its case?
14. Mr Clark never got a redlight camera ticket, and was never sued for a redlight camera ticket in any court. No redlight camera ticket was ever entered into evidence in any court. No person is ever required to pay a redlight camera ticket due to lack of personal service of process as required in all civil lawsuits. If Mr Clark had gotten a redlight camera ticket, he probably would have paid the $50 rather than fight it in court, since he's a retired "millionaire" at age 50. So Mr Clark had no motive to shoot a redlight camera. Mr Clark always maintained his innocence, that this was a frame job by KPD.
15. Mr Clark was illegally expelled from UT as a result of Mr Clark's website, CliffSpeaks.com, discussing his redlight-camera vandalism defense (a violation of the First Amendment to the US Constitution). UT denied Mr Clark a mandatory due process hearing, by filing a false charge of alleged criminal trespass, based on forged and perjured testimony by UT employees. Based on this false arrest warrant for alleged trespass, undercover Knox County sheriff deputies in Metallica t-shirts broke into Mr Clark's home without identifying themselves, and without a search warrant. Inside his bedroom, Mr Clark pulled a loaded shotgun on the burgler, er, undercover deputy in a Metallica t-shirt. The deputy later testified that he "ran screaming from the house having flashbacks to [raiding homes and killing innocent women and children in] Afghanistan." In fact, Mr Clark had been given a written invitation from a professor to attend an event on UT campus, where Mr Clark already has 2 degrees.
17. Mr Clark is a business owner and software engineer with numerous patents and copyrights, with 2 degrees from UT Knoxville. He is a former teacher with Knox County Schools. He is a veteran of the US Air Force and US Navy. He is a licensed pilot and aircraft owner certified for aerobatics. He is currently divorced. He owns his own home (no mortgage) and currently resides in Knoxville. He swears under oath he never shot a redlight camera, and his attorney described him as "innocent" rather than "not guilty". He has invested over $40,000 on his legal defense, without ever having a trial. Mr Clark's incapacitating stroke may have saved KPD, KCSO, UTPD, UT, City of Knoxville and State of Tennessee and their individual employees millions of dollars for a verdict of false arrest and malicious prosecution. Mr Clark never got a redlight camera ticket.
By Jamie Satterfield
Knoxville News Sentinel
October 24, 2011
A state appellate court on Monday reinstated charges against a Knoxville man accused in the shooting of a red-light camera.
In an opinion drafted by Appellate Judge Camille R. McMullen, the state Court of Criminal Appeals concluded Knox County Criminal Court Judge Mary Beth Leibowitz was wrong to toss out an indictment for felony vandalism and reckless endangerment filed against Clifford Clark in the November 2007 incident.
It's not clear, though, whether prosecutors will be able to try Clark. Earlier this year, Leibowitz deemed Clark mentally incompetent to stand trial in an unrelated assault charge after his attorney, Ron Newcomb, argued Clark had suffered a "debilitating medical event" that caused significant memory loss and an inability to communicate. Newcomb did not offer details, and Leibowitz sealed related medical records.
Clark was accused of shooting out a red-light camera that captured him running a red light at the intersection of Interstate 640 and Broadway. Knoxville Police Department officers who were near the intersection when they heard four shots being fired and then saw Clark speeding away stopped him within seconds.
According to the appellate court opinion, the officers handcuffed Clark and then found a high-powered rifle from which four shots had been fired in Clark's vehicle. The officers did not have a warrant to search the vehicle, and the U.S. Supreme Court has, in recent times, placed significant limitations on law enforcement's ability to search a vehicle without a warrant.
Leibowitz opined the officers had exceeded those limits. However, the appellate court concluded the rifle was readily visible to the officers and, as such, met the "plain view" exception to the requirement for a search warrant.
The court agreed with Leibowitz that KPD was wrong to give the damaged red-light camera back to its owner — private contractor Redflex Traffic Systems — rather than maintain it as evidence but opined her dismissal of charges was too draconian a punishment for the error.
"Accordingly, we reverse the trial court's judgment dismissing the indictment," McMullen wrote.The court instead is barring prosecutors from using photographs of the damaged camera as evidence.
Comments
Power to the people!! Kudos to you Cliff! I think all thieves should be shot like dogs, whether human or robotic....
The Dragonater's Reality Check on WBCR Truth Radio on 1470 AM, discussion about Redlight Camera Sniper Case with Jim Balloch of the Knoxville News Sentinel:
"For the following reasons the court reverses its decision with respect to the motion to suppress the evidence and dismiss. The officers removed the defendant, Mr. Clark, from the vehicle almost immediately and on the videotape which has no audio available, patted down and handcuffed the defendant within a few seconds. It is admitted by the state that the lens covers were not made a part of the body of evidence in this case. It is also admitted that the officers took action to search the vehicle without the benefit of any search warrant, nor was there any written consent to search. The defendant denies giving any oral consent to search. The court requested that the state search for the camera cover and enclosure which the defendant is alleged to have shot in order that there be an opportunity for testing. The state was unable to produce the evidence and the Attorney General has determined that some of the evidence is gone, and some of the evidence has been recycled for use. Thus the defense contends it cannot examine the items which were damaged, nor do ballistic testing. It is the court's opinion that the search of the vehicle in absense of any search warrant and after the defendant had been safely removed from access to the vehicle in the rear of the car in the dark with a flashlight violates the United States Supreme Court case of Arizona v. Gant, 556 U.S. (2009). Additionally, State v. Ferguson, 2 S.W. 3d 912 (Tenn.Crim.App 1999) holds that the Constitution is violated when missing evidence has not been produced and is crucial to the opportunity of the defense to discover and examine such missing evidence. Thus it is this court's opinion that the evidence taken from the motor vehicle would be suppresed and the case should therefore be dismissed."
-Judge Mary Beth Leibowitz, State v. Clifford Clark, Order Regarding Motion to Reconsider Suppression and Dismissal, 30 July 2009
"A Knoxville man accused of shooting a red-light camera has a new theory about the crime. Charges against Clifford Clark III were dismissed on July 30. Clark was accused of firing several shots which destroyed the camera at the intersection of Broadway and I-640 in Nov. 2007. He was arrested a short time later after police stopped his car near the scene. But Judge Mary Beth Leibowitz dismissed the charges of vandalism and reckless endangerment. Her order states that the arresting officers 'immediately took action to search the vehicle without the benefit of any search warrant, nor was there any written consent to search.' The judge also said evidence, particularly the damaged camera, was no longer available. 'The state was unable to produce the evidence after inquiring has determined that some of the evidence is gone and some has apparently been recycled for use.' The defense was then unable to examine the camera parts or do further testing on the items. In an interview with freelance journalist John Lee, Clark said it's a 'tremendous relief' to have the case dismissed. The interview is posted on YouTube. Clark denies firing any shots at the camera and offers this suggestion in the interview: 'I think it was the police. If that camera was shot, I can only believe it was the police who shot the camera.' Clark alluded to a conspiracy in which the camera operators get paid by the City of Knoxville for every damaged camera. But Clark did say he subpoenaed at least one former Knox County Sheriff's deputy who would have testified that officers have in fact damaged cameras in the past. Knox County Sheriff's Office spokesperson Martha Dooley said the Sheriff can't make any comments because Clark has other criminal charges pending. 'As long as this is still in the court system, we really can't say anything,' Dooley said."
"It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket and they cannot prosecute you on that."
-Norman G. Fernandez, attorney at law, free ebook How to Beat a Speeding Ticket - Photo RADAR
"Redflex Group is based in South Melbourne, Victoria, Australia. Redflex Holdings Limited was listed on the Australian Stock Exchange in January 1997. Redflex Traffic Systems Inc has contracts with more then 130 USA cities, and is the largest provider of digital red light and speed enforcement services in North America."
-Redflex.com
"Any prosecutor can convict a guilty man; it takes a great prosecutor to convict an innocent man."
-Dallas DA Henry Wade, in charge of prosecuting and protecting Lee Harvey Oswald
"I'm just a patsy! I didn't shoot nobody no Sir!"
-Lee Harvey Oswald, US Marine Corps Naval Intelligence, before he was gunned down by jewish mobster Jacob Rubenstein inside the Dallas Police Station, the same police station President JFK Sr was gunned down in front of, and the same police station Jack Ruby died of "sudden cancer" 1 week after winning a new trial
Dallas DA’s death 19 convictions undone - "As district attorney of Dallas for an unprecedented 36 years, Henry Wade was the embodiment of Texas justice. Nineteen convictions — three for murder and the rest involving rape or burglary — won by Wade and two successors who trained under him have been overturned after DNA evidence exonerated the defendants. About 250 more cases are under review. No other county in America — and almost no state, for that matter — has freed more innocent people from prison in recent years than Dallas County, where Wade was DA from 1951 through 1986. John Stickels, a University of Texas at Arlington criminology professor and a director of the Innocence Project of Texas, blames a culture of 'win at all costs.' 'When someone was arrested, it was assumed they were guilty,' he said. 'I think prosecutors and investigators basically ignored all evidence to the contrary and decided they were going to convict these guys.' In his last 20 years as district attorney, his office won 165,000 convictions, the Dallas Morning News reported when he retired. In the 1960s, Wade secured a murder conviction against Ruby, the Dallas nightclub owner who shot Lee Harvey Oswald after Oswald's arrest in the assassination of President Kennedy. Ruby's conviction was overturned on appeal, and he died before Wade could retry him."
-MSNBC, 7/29/2008
Knox deputies and Knox DA refused to arrest or prosecute the "car-jacking muggers" who beat Mr Clark causing his stroke
"If I'm found floating face down in the river or murdered ('apparent suicide') in a jail cell on some bogus charge, you'll know it was the sheriff's department working in concert with the University of Tennessee."
-Clifford Clark, CliffSpeaks.com
"Do you think this is an Operation Northwoods situation?" [flase-flag govt snipers framing a patsy]
-Cliff Clark
Conclusion
The fact that there is no evidence against Mr Clark, no law violated by Mr Clark, and many laws violated by KPD, had nothing to do with this appellate opinion. However, gangsters in government have lots of guns and bullets, with plenty of serial-killing mass-murdering psychopathic "trigger pullers" who will obey any unlawful order for their $100,000 paycheck as Police State Death Squads. Heck, just this week, serial-killing mass-murdering psychopathic "trigger pullers" obeyed the unlawful order from illegal alien Dictator Hussein Obama Soetoro to bomb the president of Libya (a nation that never attacked USA) as he waved a white flag of surrender, then homosexually gang-raped him (as seen on TV) then put 2 bullets in his head in summary execution without trial nor appeal and dumped in an unmarked mass grave, then installed convicted Al Qaeda terrorists as dictators of Libya under Islamic martial law. What makes you think YOU are exempt for government "rendition" (a government term for slaughtering people, from the term "render" for slaughtering livestock)?
“I’ll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me? I won’t hire it done, I will do it myself! Do you understand me?”
-Blount County sheriff James Berrong, United Stated Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005
Tennessee Auditors Arrive - 48 Blount Sheriff cars missing - "The state auditor arrived in the County a few weeks ago. The auditor was able to find only 239 vehicles. What happened to the other 48 vehicles? But the Sheriff wants the taxpayers to support a tax increase, so that he can have even more money to spend next year. Does this make sense to you?"
COP.
2. to steal; filch.
3. to buy (narcotics).
4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out.
5. cop a plea,
a. to plead guilty or confess in return for receiving a lighter sentence.
b. to plead guilty to a lesser charge as a means of bargaining one's way out of standing trial for a more serious charge; plea-bargain.
-Dictionary.com, Random House Unabridged Dictionary 2006
injustice, innocence project, DNA evidence, exonerated, civil rights violation, corruption, police state, ron paul, insanity defense, james earl ray, mlk, jfk, grassy knoll, e howard hunt, frank sturgis, rush to judgement, lee harvey oswald, frame job, operation northwoods, richard nixon, tricky dick, oliver stone,
American sucker grovels then pays $50 "set-down fee" on UT campus
KNOXVILLE, TENN. -- This is more proof that UTPD and KPD are mafia criminal organizations that give immunity to cop-killin mobsters willing to bribe police protection rackets. Fired sheriff Tim Hutchison bragged on the front page of the News Sentinel that he stole cars at West Town Mall with convicted copkiller Roy Lee Clark, towtrucker and chopshop owner. Teflon Tim was re-elected 2 weeks later. Tim's reportedly dodging process servers after robbing his bankrupt car dealership of $17-million.
When a towtrucker was caught demanding a set-down fee with 15 minutes left on the meter in downtown NOxVile, one owner calmly got his handgun out of the glovebox and laid it on the top of the dash. Presto...no set-down fee, no cops, no arrest for "brandishing a firearm" (because he wasn't holding it).
"Set-down fees" are illegal under TN Code. That is felony extortion.
So is towing any car not blocking a public highway. That is felony cartheft.
Been there, done that. Then my lawyer got 2 guns put to his head and told, "If you don't do what you're told we'll blow your brains out." Which is exactly what the owner of Sutherland Avenue Wrecker did to the owners of Cedar Bluff Towing, who were "left for dead", allegedly, according to employees of SAWS.
The proper way to handle an extortionist's demand for an illegal set-down fee is to turn on your audio recorder and/or video/audio recorder, have him repeat his demands, place a hand on your gun in its holster, ready for quick-draw, and say, "You are now under citizen's arrest for extortion. Put your hands behind your head and lay face-down on the pavement."
If he jumps in his towtruck, stand in front of it. If he puts it in gear and drives towards you, open fire, shoot for the head in "self defense" -- if you don't you're maybe dead. "I feared for my life, officer!" is all you need to say, then STFU and hire a criminal lawyer.
Tie him up, gag him if required, remove the keys from his truck (preserve the evidence). Then load him in the truck of your car or bed of your truck and drive down a lonely country road...to the judicial commissioner's office in the City County Building for a probable cause hearing. Or call 911 and demand KPD pick up your prisoner, then immediately drive to the judicial commissioner's office to file an affidavit of probable cause for criminal complaint.
This of course is exactly why guns are illegally banned in Victim Disarmament Zones. Police only exist to protect the criminals from the public, and to rob the sheeple of their hard-earned fleece.
Back in the olden days, USA had no police and no jails, just a hangman's noose for horse russlers...
