One Man’s Opinion
July 3, 2007
Well,
Here we are again. We finally got some news on the Lane-Morelock tragedy. I’m not sure I understand the further delay or why Billy’s “new attorney’s” need more time to examine the blood evidence. These guys have been on the case for months now and got all the “due dilligence” that Kepler Funk had done before them. You would think that enough time, taxpayer money and stress has been expended by now. Well, it’s another three months or so if everything goes on schedule which by now is kind of a joke. I remember that Funk had requested a speedy trial by jury.The defendant has the right to request that and as I understand it that means 90 days. The law was put into effect so that people who couldn’t afford bail or didn’t get bail would not have to spend forever behind bars awaiting trial. In this case Billy never spent a day in jail and has been free to roam the country so, who needs a speedy trial?
I am most confused by the fact that they are scheduled to begin the civil case way before the criminal one. So, the prosecution must reveal all it’s evidence and the defense must reveal facts about their take on what happened.The rules of evidence and proof of guilt are totally different in a civil trial and a criminal trial. A person may be found guilty in a civil trial by just a simple majority of the jurors.The prosecutor must only show guilt by a preponderance of the evidence. In a criminal trial the verdict must be unanimous and beyond a reasonable doubt. These are two very different things.As you may remember, O,J. was found not guilty at the criminal trial and liable at the civil trial. The biggest difference is that the criminal trial preceeded the civil one.
You have to wonder how it would be possible to find an impartial jury for the criminal case if a verdict has already been reached in the civil one. I don’t think that’s possible.I can’t believe they won’t postpone or settle the civil case first.If settled, the verdict would have to be sealed until after the criminal trial. Maybe I am missing something here but, I don’t know what.
This has been a fiasco since day one and a fiasco it remains.I can only repeat that I hope the result is fair and just for all parties and the justice system can find a way elivate itself from the mockery that it is. I won’t hold my breath.
Billy is supposed to be at Sturgis in August so, we may know more by then. He created the Bikers breakfast which is a great event. Train and I will be there.
Beach




I was once told that in putting it off it can distance it from all the early hipe of the media. Helping to put it out of peoples minds. And most wanting to move on to the resent news. And hopes that there may be the loss of evidence. It is a wear down tactic. So says an old Atty. friend of mine.
Knuck that is exactly the case. Very common tactic.
Thanks guys but, it still doesn’t explain why the civil trial would precede the criminal trial(if it does) and how that wouldn’t taint a jury pool.
Why would the ” legal system” and the judge allow the delays unless the reasons are just? It’s more proof to me that this whole thing smells and the justice system is the rot that is causing the stench. I don’t know what will happen but I wouldn’t bet two cents that it will be fair and unbiased. Prepare yourself for another display of the American justice system making us all ashamed.
Scooter Libby anyone?
Beach
Beach
Oh I agree about the civil trial. I myself would not want that one first.