MN: Man pulls a gun on errant driver at Silver Lake playgrou
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Andrew Rothman
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Post subject: Posted: Wed Sep 10, 2008 7:59 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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dismal
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Post subject: Posted: Tue Sep 16, 2008 9:46 pm |
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Senior Member |
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Joined: Fri Aug 26, 2005 12:12 pm Posts: 330 Location: Rochester, MN
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Baring conflicts with my work, I'll be going to this hearing tomorrow. I've never been in a court before, is there anything special that I should pay attention to? And how long does an omnibus hearing normally last?
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Macx
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Post subject: Posted: Tue Sep 16, 2008 11:02 pm |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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12 minutes
Just be seated, make sure you cell phone is off before you go in.
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
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dismal
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Post subject: Posted: Wed Sep 17, 2008 2:53 pm |
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Senior Member |
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Joined: Fri Aug 26, 2005 12:12 pm Posts: 330 Location: Rochester, MN
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So, I show up at 1:25, turns out they schedule all of the afternoon hearing for 1:30, then run them in order. Mr. Rose's case was number 14. Unfortunately, I had to be back to work at 3pm, so I had to leave before his hearing.
According to the website ( http://pa.courts.state.mn.us/CaseDetail ... 1611921322), he plead not guilty, with a trial date set for Feb 24.
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Joninroch
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Post subject: Posted: Thu Sep 18, 2008 1:39 pm |
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Joined: Mon Jul 28, 2008 12:09 pm Posts: 18 Location: Rochester
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I am sure I am searching wrong, I can not find anything on this case going forward. I wondering if this is a potential for the NRA to help out with to set a legal precedence? Be easy on me now.
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joelr
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Post subject: Posted: Thu Sep 18, 2008 1:52 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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Joninroch wrote: I am sure I am searching wrong, I can not find anything on this case going forward. I wondering if this is a potential for the NRA to help out with to set a legal precedence? Be easy on me now. The NRA very, very rarely gets involved in criminal defense. I'm not saying that's good or bad, just that it is.
Gentle enough?
_________________ Just a guy.
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Joninroch
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Post subject: Posted: Thu Sep 18, 2008 2:02 pm |
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Joined: Mon Jul 28, 2008 12:09 pm Posts: 18 Location: Rochester
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Yes, I was just reading up on the Civil Rights Defense Fund and they do admit they do not have funds for everything but do get involved with some. I am sure it is the ones that get them the most bang for the buck. Still can't find the case
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joelr
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Post subject: Posted: Thu Sep 18, 2008 2:05 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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Sure. Think "ACLU." (In a good way.) They tend not to take cases that are either guaranteed losers or swing on matters of fact, but ones that try to establish precedents. And then they really have to -- and ought to -- choose very carefully.
What precedent would be established here? I'm not saying that there couldn't be one -- but what would it be?
_________________ Just a guy.
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Joninroch
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Post subject: Posted: Thu Sep 18, 2008 7:54 pm |
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Joined: Mon Jul 28, 2008 12:09 pm Posts: 18 Location: Rochester
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Well it IMO is like they are treating him as if he used deadly force. If in fact he was justified, why take his guns, put him on a strict probation. It is like he is guilty until proven innocent. Kind of back words. Reasonable cause?
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Macx
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Post subject: Posted: Thu Sep 18, 2008 8:18 pm |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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Quote: No use or possession of firearms or dangerous weapons
Eh, at least it is an actual order of the court. Of course his attorney should have fought the Constitutionality of denying 2nd ammendment rights to an unconvicted man.
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
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Dee
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Post subject: Posted: Sun Dec 28, 2008 1:44 am |
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Longtime Regular |
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Joined: Fri Oct 31, 2008 11:39 pm Posts: 533 Location: Mankato Area
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Charges: ROSE, TIMOTHY JAY
1. Dangerous Weapons-Intentionally Point a Gun
Statute
609.66.1(a)(2)
Level
Gross Misdemeanor
Date
07/04/2008
Events & Orders of the Court
DISPOSITIONS
09/17/2008
Plea (Judicial Officer: Birnbaum, Robert)
1. Dangerous Weapons-Intentionally Point a Gun
Not guilty
OTHER EVENTS AND HEARINGS
07/07/2008 Application for Public Defender
07/07/2008 Bail Study
07/07/2008 Complaint-Order for Detention
07/07/2008 Interim Condition for ROSE, TIMOTHY JAY
- Complete booking
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No alcohol/controlled substance use
- No contact with victim(s)
- No possession of alcohol or drugs
- Released on own recognizance
- Remain law-abiding
- Make all future court appearances
- Make and maintain contact with attorney
- Do Not Enter Bars or Liquor Stores
- Sign Waiver of Extradition
- No use or possession of firearms or dangerous weapons
07/07/2008 First Appearance (10:30 AM) (Judicial Officer Chase, Joseph F.)
Result: Held
07/07/2008 Notice-Probable Cause Found to Detain
07/07/2008 Order Denying Public Defender
07/07/2008 Waiver
07/10/2008 Discovery Disclosure
07/10/2008 Notice of Evidence and Identification Procedures
07/10/2008 Request for Disclosure
07/10/2008 Witness List
07/16/2008 Affidavit of Service
07/16/2008 Affidavit of Service
07/16/2008 Certificate of Representation
07/16/2008 Probable Cause Found to Detain
07/16/2008 Request for Disclosure
08/01/2008 Witness List
08/19/2008 CANCELED Omnibus Hearing (8:30 AM) (Judicial Officer Lund, Kevin A.)
Other
09/17/2008 Demand for Jury Trial
09/17/2008 Notice of Defense and Defense Witnesses
09/17/2008 Omnibus Hearing (1:30 PM) (Judicial Officer Birnbaum, Robert)
Result: Held
09/17/2008 Waiver of Evidentiary Hearing
02/19/2009 Pre-trial (1:30 PM) (Judicial Officer Chase, Joseph F.)
02/25/2009 Jury Trial (9:00 AM) (Judicial Officer Chase, Joseph F.)
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PocketProtector642
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Post subject: Posted: Sun Dec 28, 2008 8:31 am |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Thanks Dee, we will have to keep watching this one.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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Dee
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Post subject: Posted: Thu Feb 26, 2009 12:09 am |
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Longtime Regular |
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Joined: Fri Oct 31, 2008 11:39 pm Posts: 533 Location: Mankato Area
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Anyone know what the result was here or is it still ongoing?
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dismal
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Post subject: Posted: Thu Feb 26, 2009 12:20 am |
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Senior Member |
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Joined: Fri Aug 26, 2005 12:12 pm Posts: 330 Location: Rochester, MN
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Unfortunately, I was unable to make it to the trial, been real busy this week.
The courts website ( http://pa.courts.state.mn.us/default.aspx, case 55-CR-08-6518) shows the case as still open, but no updates. I haven't seen anything in the news here on this case.
Not sure if it matters at all, but the Zabawa case (Waseca farmhouse murders last year) is going though jury selection at the same courthouse.
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Dee
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Post subject: Posted: Thu Feb 26, 2009 12:28 am |
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Longtime Regular |
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Joined: Fri Oct 31, 2008 11:39 pm Posts: 533 Location: Mankato Area
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I did a search of the Rochester Post Bulletin online site and came up with nothing.
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