A while back I had the pleasure of visiting the district court room of his honorable Michael Crabtree. I love it when words are used that mean a great deal one day then absolutely nothing the next. Words like Shall and Specific Instructions used in the past by prosecutor McCord Larsen. That day it was the word Rules used by Judge Micael Crabtree. So lets talk about Rules shall we Mr. Crabtree. That day it was simply regarding rules that require the reading of an information by the court to the defendant. So I guess if its a simple rule such as a reading, you obey it, but if the state desperately needs your cooperation requiring you to violate a certain rule, then its ok? Right Mr. Crabtree? Wrong. Lets go back to that cold and dreary day on February 10, 2011 when you signed an order that allowed the state to amend the complaint to add additional charges. Take out your little rule book and refer to Idaho Criminal Rule 7 (e) if you will please sir. Here is what it says so others may follow along. 7 (e) Amendment of information or indictment. The court may permit a complaint, an information or indictment to be amended at any time before the prosecution rests if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. Ok now let me direct your attention to where it says, if no additional or different offense is charged. Do you see that right there in black and white right after prosecution rests? Thats funny because you specifically allowed the state to do what it says specifically, the state can not do. Lets take this one step further. It also says, if substantial rights of the defendant are not prejudiced. Well sir not only did you violate Idaho Criminal Rule 7(e) by allowing the state to amend the complaint to add additional charges, but you violated the same rule twice because by doing so the first time you did prejudice the substantial rights of the defendant making that two separate violations of the same rule in the same day. But hey I was just a hick redneck farm boy back then, and still am, but that was my girlfriend you did that to. Just because we didnt understand the laws and the rules back then did not give you the right to violate them, but you did it anyway. Shame shame, triple shame on you judge Michael Crabtree. In your defense your honor, you could plead that possibly the rule has changed since that cold and dreary day, but it hasnt been amended since March 23, 1990, effective July 1, 1990.) oops, I guess this is not a viable defense. Sorry my bad. :(
Posted on: Sun, 18 Jan 2015 21:08:25 +0000
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