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Politics : Right Wing Extremist Thread -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (4617)2/8/2001 11:24:32 PM
From: DMaA  Read Replies (1) | Respond to of 59480
 
I'm not as optimistic as you are. One sharp recession, one really bad disaster (natural or man made), this country is prepared to wad up the Constitution and flush it down the toilet.

My nightmare is twenty years from now, my boys yelling at me - "How could you not see this coming?"
And me answering in a small shameful voice -"I did."

If this was anywhere but California, none of this would be happening.



To: Ilaine who wrote (4617)2/9/2001 5:09:37 AM
From: Don Lloyd  Read Replies (1) | Respond to of 59480
 
CB -

massnews.com

"Charges Against Trucker Dropped by DA In Hamilton Case

By Ed Oliver
February 8, 2001

All charges were dropped yesterday against a trucker who had admitted in previous hearings that he had driven his 18-wheeler behind Linda Hamilton and tried to force her off the Mohawk Trail in rural western Massachusetts last year.

The driver, James M. Harkins, stated at a hearing last fall that he tailgated and flashed his lights at the woman because he believed she was going too slowly and it made it difficult for him to ascend the steep grade over the mountain, according to the Berkshire Eagle.

“There was no parade, no horse and buggy,” causing Hamilton to drive slowly, he had said. Although neither the police nor District Attorney charged the trucker, Judge Michael J. Ripps did so after hearing testimony from both parties in September.

When the trucker’s lawyer told Judge Ripps, “She wouldn’t get out of his way,” the judge questioned why she had to get out of the trucker’s way.

Hamilton testified that when the truck came up behind her, she looked at her speedometer and increased her speed from 23 mph to 30 mph.

The trucker was scheduled to appear in Central Berkshire District Court in North Adams yesterday. However, Assistant District Attorney Kelly Mulcahy informed Hamilton’s attorney, Gregory Hession, in a letter yesterday that her office had agreed to a finding of not guilty against Harkins, “based upon the evidence heard in the matter of Commonwealth v. Hamilton."

But Hession told MassNews this was no surprise because it wasn’t the District Attorney who had entered the charges against the trucker in the first place.

Was Trucker Coached by DA?
In Hamilton’s trial held last week, she was found guilty of Assault with a Dangerous Weapon in Pittsfield District Court for showing a gun during her encounter with the impatient trucker on the lonely road last March.

Hamilton’s attorney, Greg Hession, told MassNews he suspects that the truck driver was coached on what to say at the Hamilton trial. “Was the dropping of the claim against the truck driver an exchange for changing his testimony from his earlier statements?” he asked.

The lawyer explained that last week’s trial was the only time that the trucker ever gave testimony that he was in fear or that she pointed the gun at him -- both necessary elements for the DA to successfully prosecute Hamilton for assault with a dangerous weapon.

“Obviously the truck driver was offered a deal to change his testimony so that the DA would drop the charges against him,” Hamilton told MassNews.

The trucker testified at Hamilton’s trial last week that she was driving too slowly in front of him so he put on his lights but stayed a car-length behind her. He said Hamilton then placed him in fear as she held up her unholstered gun for him to see, then pointed it at him.

Hamilton testified she felt threatened and terrified by Harkin’s rush up to her bumper, his repeated tailgating and driving up next to her door in the opposite lane. She said she placed her holstered gun against the steering wheel as she drove. As soon as she could, she pulled over to call the state police, but they charged her and not the driver.

Atty. Hession plans to appeal Hamilton’s conviction within the next few days. Yesterday, Hamilton filed a Motion for a New Trial and a Motion to Revise and Revoke the sentence."

Regards, Don