Happening today...sorry for the late notice but we knew it was coming

[Jeff95531]

Got this from Dave McCraken...

The Preliminary Hearing in the State's attempt to prosecute two of our members for suction dredging without a permit will take place tomorrow morning (5 November) at 8:30 am in the Yreka courthouse.

We are asking for as many prospectors and others who are interested, that are within reasonable traveling range, to be present in support of these brave guys who are standing up against the unlawful misbehavior of our State government.

As many of you know, the State's position of insisting that suction dredgers obtain a permit which they refuse to make available has already been overruled unanimously by California's Third Appellate Court and the San Bernardino Superior Court which has taken control of all suction dredging cases in the State.

Our attorney, James Buchal, has done a wonderful job motioning the Court to Dismiss all charges. The State's Answer seems very weak to me. The miner's Reply keeps our arguments on track. You can see all the arguments right here:

» State now Attempting to Prosecute Suction Dredgers

For those of you who cannot attend, we will follow up on the story within a few days in our November newsletter, along with the list of recent drawing winners.

Let's keep our fingers crossed for a big win tomorrow!

The New 49er's, 27 Davis Road, Happy Camp, California 96039, USA

Good luck guys!

 

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[fowledup]

Once again I don't know but.... IMHO -These cases have nothing to do with Brandon's or the states permitting scheme. Ochoa had already ruled in our favor and a subsequent appeal had been filed when these citations were given. It was a publicized attempt to force the issue that got screwed up as they did not get the due process they should have. It just muddied up the water a bit. Due process is the issue, not the permitting. Had the citations been handled correctly from day one they would never have gotten this far in the system. The local majistrate or whoever new what was going on as did the DA, it was common knowledge and no big secret. He should have stayed or dismissed it then based on issue preclusion, he did not and by not giving them their day in court the defendents rights were infringed upon. By staying it now they are skimming over the real issue of due process and are trying to white wash over their failings. Don't see it as an environmental argument or favor done to dredgers at all

 

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[Clay Diggins]

Once again I don't know but.... IMHO -These cases have nothing to do with Brandon's or the states permitting scheme. Ochoa had already ruled in our favor and a subsequent appeal had been filed when these citations were given. It was a publicized attempt to force the issue that got screwed up as they did not get the due process they should have. It just muddied up the water a bit. Due process is the issue, not the permitting. Had the citations been handled correctly from day one they would never have gotten this far in the system. The local majistrate or whoever new what was going on as did the DA, it was common knowledge and no big secret. He should have stayed or dismissed it then based on issue preclusion, he did not and by not giving them their day in court the defendents rights were infringed upon. By staying it now they are skimming over the real issue of due process and are trying to white wash over their failings. Don't see it as an environmental argument or favor done to dredgers at all

The defendants waived their right to a speedy trial. The judge can now take all the time he needs to ensure justice is served and his calendar is full. By waiving their right to a speedy trial the time it takes for justice is now no longer a major consideration of due process. That was the defendants decision - not the Judge's.

Ochoa's hands are tied. The appeals court decision he relied on for his decision is in limbo until the State Supreme Court considers the appeal. If you want to blame someone for the delays blame the Supreme Court for allowing the appeal and then not considering it important enough to consider the appeal sooner.

DA's get it wrong all the time. The fact that they proceeded to trial on an issue within the current State laws is not a lack of due process it's their job. It may be a stupid decision if they want to win the case but why are you assuming the DA is not on your side? Miners need winning cases to prove the law is unjust. The DA is either foolish enough to give miners that opportunity or just maybe he would like to see this settled as much as you would? Don't assume bad intent until all the facts are in and the fat lady sings. You might be surprised how the wheels of justice actually turn.

Heavy Pans

 

[Jeff95531]

Justice and Gold have at least one thing in common...elusive.

 

[ratled]

The defendants waived their right to a speedy trial. The judge can now take all the time he needs to ensure justice is served and his calendar is full. By waiving their right to a speedy trial the time it takes for justice is now no longer a major consideration of due process. That was the defendants decision - not the Judge's.

Ochoa's hands are tied. The appeals court decision he relied on for his decision is in limbo until the State Supreme Court considers the appeal. If you want to blame someone for the delays blame the Supreme Court for allowing the appeal and then not considering it important enough to consider the appeal sooner.

DA's get it wrong all the time. The fact that they proceeded to trial on an issue within the current State laws is not a lack of due process it's their job. It may be a stupid decision if they want to win the case but why are you assuming the DA is not on your side? Miners need winning cases to prove the law is unjust. The DA is either foolish enough to give miners that opportunity or just maybe he would like to see this settled as much as you would? Don't assume bad intent until all the facts are in and the fat lady sings. You might be surprised how the wheels of justice actually turn.

Heavy Pans

They did NOT waive their right to a speedy trial! Dyton went to jail to ensure it and was released from jail against his wishes as there was no room. Mr Buchal argued vigorously in court that the stay is a violation of their 6th amendment rights. In a 5 minute break, he was able to find case law that stated (summarized) if the defendant didn't have their day in court within one year it is presumptive their 6th amendment rights have been violated. Judge Dixon said it was not. She felt that since the DA arraigned them and the trial had started he had satisfied that requirement. It was the court that that was causing the delay and therefor not a violation of their rights to a speedy trail.

I will say that Judge Dixon did try to throw the miners a bone where she could but the DA and the state were not playing ball. Finally the state convinced the DA to allow Mr Buchal to motion for release of the sized gear as that physically having it is not required as a matter of evidence for the case. The pictures and statements were more than enough. I'm sure there will be many conditions placed on the release of the gear but at least at some point they will get it back.

She also directed that all other Siskiyou Co cases will be automatically stayed upon arraignment saving everyone time and money.

ratled

 

[fowledup]

They did NOT waive their right to a speedy trial! Dyton went to jail to ensure it and was released from jail against his wishes as there was no room. Mr Buchal argued vicariously in court that the stay is a violation of their 6th amendment rights. In a 5 minute break, he was able to find case law that stated (summarized) if the defendant didn't have their day in court within one year it is presumptive their 6th amendment rights have been violated. Judge Dixon said it was not. She felt that since the DA arraigned them and the trial had started he had satisfied that requirement. It was the court that that was causing the delay and therefor not a violation of their rights to a speedy trail.

I will say that Judge Dixon did try to throw the miners a bone where she could but the DA and the state were not playing ball. Finally the state convinced the DA to allow Mr Buchal to motion for release of the sized gear as that physically having it is not required as a matter of evidence for the case. The pictures and statements were more than enough. I'm sure there will be many conditions placed on the release of the gear but at least at some point they will get it back.

She also directed that all other Siskiyou Co cases will be automatically stayed upon arraignment saving everyone time and money.

ratled

That's how I had understood it went as well. The original intent was to get in front of the judge and obtain that speedy trail to force the issue, they did not intend or plan on having that right waved. Barry, please don't assume I'm being truculent or blaming anyone, pretty much passed all that. As I orignally said I'm not shocked by anything that has or will happen. As far as any stays or delays I think that is good as well. In fact if the elections go as I hope, I believe it would be better for us in the long run to have everything delayed until a new mind set takes root. But alas that is all based on my personal hopes and not reality, right?

 

[Bnugget]

Brandon........How can we Help?

Since all the briefing is currently filed and I have replied to all the Amicus briefs, the ball is in the Supreme Courts hands.

However I do have about $10k in unpaid legal fees I could use help with. Thanks in advance.

 

[Treasure_Hunter]

FYI, TreasureNet forums can not be used to raise funds, what members do via pm is your business as long as no one complains...

 

[Hefty1]

No complaints here.....

 

[NeoTokyo]

TA is just covering his corners for the sites sake, allowing the post to stay and use of PM speaks volumes though, Thank you TA.

Keep up the good fight Brandon.

 

[Treasure_Hunter]

TA is just covering his corners for the sites sake, allowing the post to stay and use of PM speaks volumes though, Thank you TA.

Keep up the good fight Brandon.

Not sure who TA is, just trying to accommodate members is all. I should have said what members do via pm is their business "HINT, HINT"..😁

 

[Oregon Viking]

TA !! TA !! Trans Am ?

 

[Honest Samuel]

FYI, TreasureNet forums can not be used to raise funds, what members do via pm is your business as long as no one complains...

Do you mean that I cannot ask member for funds for ads for looking for girlfriends? I am upset.

 

[Aufisher]

True American!

 

[NeoTokyo]

Whoops, sorry, I meant TH.
I was at the TA truckstop earlier, its just down the way from me, I got all backwards. lol

 

[Bnugget]

Yeah sorry TH thanks for allowing post to stay, I was just trying to respond to the question asked.

 

[Clay Diggins]

Since all the briefing is currently filed and I have replied to all the Amicus briefs, the ball is in the Supreme Courts hands.

Let's hope you will be getting that retrial after the Supremes give their decision. That is going to require funds and support.

Heavy Pans

 

[Jeff95531]

Not sure who TA is, just trying to accommodate members is all. ..😁

It's what we call you behind your back.

JK

 

[ratled]

Dave posted a quick blurb on the court trial with a letter form Mr. Buchal and his take on the day
The New 49'ers :: Members Forum :: Siskiyou County judge places a Stay on all dredge prosecutions

ratled

 

[NeoTokyo]

Thank you Ratled.