Judge rules City’s attempt at adding charges to Becca Martin’s case Unconstitutional

Followup to Rebecca Martin Faces Obstruction Charge for Remaining Silent:
At the December 22nd Obstruction charge hearing, the City of Las Vegas prosecution dismissed Rebecca Martin’s case per statute, ruled by Judge Cynthia Leung. It was not dismissed with prejudice, as the defense motioned for, so the prosecution maneuvered their way into being able to refile; to add a second obstruction charge from a different date, two days before the original charge of June 20th. It was made very clear by the defense that this was prosecution working their way around the Judge’s ruling so that they could add a second charge later.

The original request made by the prosecution at the start of the hearing was for a Continuance to amend the complaint. The City prosecutor explained how only June 20th was in the complaint, and they needed to add June 18th to it.

The defense (Rebecca’s lawyer Lester Paredas co-chaired spur of the moment by Stephen Stubbs) objected. They pointed out how the prosecution was too vague- how, when, and where was she uncooperative? And how June 18th which they were trying to bring up was a completely separate time period, and could file a separate charge later, but there was no reason to not go forward dealing with the one charge for the 20th in this trial.

The Judge then repeatedly told the City prosecutor, in different wordings but the same meaning, you can’t do this. She said “you don’t have carte blanche to do that” as well as “you can’t just amend it for anything.”

She even recognized and upheld the Constitution, when pointing out a continuance would “affect a substantial constitutional right” to a speedy trial. Therefore, the motion for Continuance was denied.

That is when prosecution went ahead with the motion to dismiss per statute, something the Judge noted the City could do, knowing it would be a roundabout way to add a charge against Rebecca. The defense motioned to dismiss with prejudice, so that the prosecution could not pursue this case any longer, again affecting the right to speedy trial, but this motion was denied. The Judge acknowledged that this was basically because the City had the right to do so.

So fortunately Rebecca gets to be home for the holidays, but an additional charge waiting to be filed looms over the case now. Though the more the prosecution pushes, the more malicious their actions show themselves to be, against an already-strong defense.

Judge Leung just so happens to be appearing on the “Eye on Nevada Politics” radio show TONIGHT (Tuesday Dec. 23rd), 8-9pm PST on KLAV 1230AM or online here. Call into the show at 702-731-1230 and feel free to let the Judge know how much you appreciate her upholding the Constitution.

Cynthia S. LEUNG to appear on the “Eye on NV Politics” show
Listen online: http://www.klav1230am.com/eye-on-nevada-politics.html

nobadge

Officer putting badge lanyard on over head just after he removes it from his pocket, a while into the incident, contrary to the police report. From the June 18th event, which they want to add an obstruction charge for.

To get an idea of what incident they want to charge her for obstruction for on the 18th, here are some video clips that show multiple claims they made in the police complaint (again shown at the bottom of this article) are false. Also, the original article, with more background, can be found here: http://bit.ly/FreeBecca

LVMPD playing by their own rules
LVMPD Officer Bonkavich says refusing to talk to the police without your attorney present is not how things work in Las Vegas.

LVMPD Not wearing a badge
LVMPD officers ram disabled veteran’s vehicle while in plain clothes. Video showing them removing their badge from their pockets and putting them on AFTER abducting veteran’s husband at gun point.

LVMPD Officer Jackson asks Rebecca Martin for her name

Sargent Bonkavich – I can’t tell you that information
Sargent Bonkavich claimed he could not explain to Rebecca why he arrested her husband on a supposed warrant.

The warrant’s not for you
Sargent Bonkavich claiming a warrant that LVMPD later arrested me under “wasn’t for me”

Arrest Report:
IMG_125133964095531 - Copy IMG_124582573831596 IMG_124590633468402 - Copy

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s