This video is scary!
Currently, our freedom and rights including the Second Amendment right to bear arms have legislation threats from our own government. But this video provided by the NRA shows that anti-gun politics and organizations here in the United States are not the only evil lurking to destroy American rights. There are other countries in alliance with the UN and a evil organization called IANSA that want to take away our right to defend or home and family.
It is wrong that so many have given the ultimate sacrifice to defend our freedom, The Constitution of The United States and the Bill of Rights. Currently we have troops in hostile environments fighting in wars putting their lives on the line to defend freedom. How can we, as Americans, stand by and watch as our rights are being subjected to deterioration! As our troops are over in distant lands fighting for our rights, we not only owe them our support. We also owe it to them and those who have fought before them to defend those very same freedoms from the enemy here in our own country. Americans here on the home front were given the right to keep and bear arms by the founders of our great country. It is also written that that right shall not be infringed. However, now has come the time when we must stand up and let our voices be heard. Today with the threats at hand that want to take away those very same rights, it becomes our responsibility to defend those rights and our freedom.
So, in this post I have presented to you a problem, but I also want to provide you some solutions.
On April 19, 2010 The Second Amendment March will be held in Washington DC. Visit The Second Amendment March web site for more information and make plans to attend. Join the NRA and GOA
Archive for the 'Law' Category
Judge Burger began motorcycle builder Billy Lane’s sentencing hearing today by stating that he had accepted the plea of no contest to the charge of vehicular homicide submitted to him on June 9th. He then asked State attorney Tom Brown to start with his opening remarks and recommendations for sentencing. Brown began by submitting a score sheet to the court and the reading off several incidents where Billy had been ticketed for speeding and other traffic violations in an attempt to show that this was not an isolated incident. Tom Brown remarked that these incidents of recklessness showed that this was not an isolated incident, but a pattern where someone was bound to get hurt.
Brown went on to graphically describe the recreation and scene of the crash that brought tears to the eyes of both the Morelock family and Billy Lane. Prosecuting attorney Brown showed aerial photos of the crash scene pointing to the clearly marked double yellow line and pointing out that Mr. Lane had several opportunities to get back into his lane. The results (Brown said) of Mr. Lane’s reckless behavior ended the life of Gerald Morelock. The law states that when you take the life of a human being, you go to jail and that is what we are asking for today your Honor. Brown recommended that the judge stay within the criminal guidelines and Lane be sentenced to 111.15 months in prison, which equates to just over 9 years. In a few moments you will be hearing testimony from the members of the victim’s family, Mr. Lane intends to speak and others are here to appear on his behalf. However, the defense has the burden to prove two things. They need to prove that this death was not a sophisticated homicide and that it was an isolated incident. Indeed, if this can be proven, than the court would be allowed, at the Judge’s discretion to downgrade the recommended sentence. State Attorney then rested and turned the floor over to Defense attorney Gregory Eisenmenger.
The court room was filled with people in support of Billy lane including Hugh “The Chopper” King, Executive Co Producer and emcee of the television shows Biker Build Off and Motorcycle Mania. Some had a chance to speak, while others where there just to show support for the celebrity motorcycle builder Billy Lane. The general consensus was that Lane could do more to have a positive outcome of the incident if he were not incarcerated by giving back to the community by way of public service announcements and helping to build a non-profit memorial in the name of Gerald Morelock. There were several who made statements on Billy’s behalf including his Father Warren Lane. Sean Morelock, who has been most affected by the death of his Uncle Gerald said that he had come to realize that Lane could do positive things to help children and felt that would have been what his uncle would have wanted.
Gerald’s brother, Byron Morelock also spoke saying that it was not necessarily his opinion, but thinks his brother would have wanted good to come from the incident. Both Sean and Byron said that the final decision of Lane’s fate rested in the hand of the court.
Billy Lane was then called to the stand and sworn in to make his statement. This would be the first time that Lane had spoken openly to the public about what happened and his feelings. Billy started out by saying I am here today to show everybody who I am, not who you think I am. Lane showed a great deal of remorse and came to tears on several occasions. He described how he had to pass by the spot where he killed Gerald Morelock almost every day and how he prayed for his soul and his family. Billy Lane admitted that he had made a bad decision and was not asking for pity for what had happened. He said he was sorry and asked forgiveness for taking the life of another human being. He stated that he was ready to accept the court’s decision and accepted responsibility for the death of Gerald Morelock. Though Billy showed a great deal of emotion during the hearing and when he spoke. He showed very little expression as his sentence was read.
After hearing all the statements of sending a message and using Lane’s notoriety in a positive way, State Attorney said that a message like this is like a double edged sword. He remarked that children where mentioned several times and that we should think twice about this. Do we want to send this message that could be interpreted differently by the demographics spoken of? The message could be also interpreted to read that if I grow up to be a celebrity, I can get away with bad things. This is not the type of message we want to be sending out to our youth.
After hearing from both sides and with no further statements, Judge Burger recessed for 20 minutes to makes his decision. When the Judge returned, he stated that he found that this was an isolated incident and therefore had opted to downgrade the sentence recommended by the State guidelines. He did agree with the State as to not wanting to send out the wrong type of message and asked Billy Lane to rise. With the downward departure, Judge Burger sentenced Billy Lane to 6 years in the custody of the Department of Corrections to be followed by 3 years of probation. The Judge also suspended Lane’s driving privileges for life along with orders to pay court cost and cost of investigation. The Judge had also sentenced Lane to take a DUI driver awareness class, but later dropped that provision when Eisenmenger stated that Mr. Lane had already completed the class.
Billy Lane was the taken into custody and escorted out of the courtroom with his family and friends shouting we love you Billy.
Edit: I am adding a video that I shot using my Canon Power Shot. It took me a bit to convert and as you can see my regular job set me back on getting this story posted to bein with.
(Viera, Florida) Billy Lane was sworn in today for the first time since his arrest almost 3 years ago for DUI Manslaughter causing the death of Melbourne Beach resident Gerald Morelock. Attorney Greg Eisenmenger entered a plea of “no contest” on behalf of Billy Lane before Judge Burger explained the governing rules of the plea. Judge Burger then began to ask Lane the standard questions regarding a plea. There was a slight hesitation of yes your honor when the Judge asked Billy about his mental state. The Judge then asked State Attorney Tom Brown to state the cause for charges filed.
The plea today was entered against the charge of vehicular homicide which was filed late in the case by the state. After the hearing, Attorney Eisenmenger stated that they had been contesting and battling against the DUI and the mishandling of the blood work. Eisenmenger made a point to brief the court of what his plans were to bring forth mitigating circumstances to curtail Lane doing any time in prison. He suggested that Lane would instead be held accountable by means of probation or house arrest and listed other terms of a possible agreement. Some of terms mentioned were that Billy Lane’s drivers license be revoked for life, that he attend drug and alcohol abuse programs and that he would do community service as the court found fit.
Billy Lane left the court room as reporters asked him to comment, however Attorney Greg Eisenmenger told us that Lane would not be making any comments at this time. Lane has not commented publicly about the incident yet.
Outside the court room Attorney Greg Eisenmenger answered questions from reporters. When asked if he was satisfied with a 9 year prison sentence, he responded that he intends to bring forward mitigating circumstances to in hope of working out a deal in which Lane would not be incarcerated. Eisenmenger stated that ultimately the final judgement would be up to the court and could be anywhere from a amount of time probation or house arrest up to the low side of the guidelines which would call for 9 years imprisonment. He was also asked about how Billy was doing and what he was doing. Eisenmenger stated that he did not make a habit of following his clients day to day life, however he felt that Billy was still working in the motorcycle industry as he was. He went on to say that Billy has shown remorse for what happened and even at some points more remorse than what he had been advised.
Sentencing has been scheduled for August 14.
I contacted Byron Morelock, the brother of the victim Gerald Morelock after the hearing and he released the following statement:
As most of you already know, my family has been following this case from day one.
The Plea today is not a surprise.
It is true that this case has taken a long time to get to this point, however,
I have always attempted to have faith in the system.
There are many different and diverse opinions out there concerning every aspect of this case. That in itself, demonstrates how our country
Can be so diverse yet held together like timeless glue.
I have been in contact with all parties involved in an attempt to find ways
to turn this tragedy into a more positive outcome. In my heart I know that this is what my Dear Brother Gerry would have wanted. I want people to understand that I am handling this as Gerry has shown me, not necessarily as I want.
I would like to thank so many people for their prayers and good wishes and support
Byron & Seany Morelock
(Viera, Florida) The Brevard County court room was at maximum capacity for the 9:00 am calendar call where it was announced that only the first 60 cases on the docket would be called today. Billy Lane sat among the many people waiting to hear if their case would be set for trial as a large group of attorneys waited for Judge Burger to enter the court room. Defense attorney Gregory Eisenmenger signed in just moments before the court was called to order, said hello to Billy, and then waited for his client’s name to be called.
Recently elected to the chair, Judge Robert Burger had inherited a massive overflow of lingering cases left undecided by previous Judge Meryl Allawas. Though Judge Burger made no formal announcement, he appeared determined to clear up the case load and stood firm on keeping a solid schedule to clear the docket of the older cases. As each case was called he explained to the parties that they needed to ready their case without any further postponement.
Billy Lane had been facing the single felony charge of DUI Manslaughter for over two years up until last month when a additional charge of vehicular homicide was filed. When the Judge called for the case of the State of Florida verses William Lane, defense attorney Eisenmenger stepped forward and made a surprise statement that he had resolved the case with the Sate and they were working on a plea. State Attorney Tom Brown stepped forward to acknowledge the plea bargain, but then both attorneys approached the bench and talked with the Judge for about 2 minutes.
It was not stated for the record what type of agreement had been made and there was no mention of when an official announcement might be heard. The next date posted for a hearing is on February 9th, but that date may be cancelled until the two parties reach their final agreement. I spoke with Byron Morelock by telephone and he confirmed that he would be involved in the agreement, but he was not able to give me any more specifics on dates or times either. He seemed to be relieved that the case is finally growing to an end, but stated that no mater the final outcome it will remain a sad fact that nobody wins in a case of this nature. Byron Morelock is the brother of Gerald Morelock who was the victim in this case. Gerald Morelock was killed back in September of 2006 when the Dodge pickup Billy Lane was driving struck him head on. Lane showed no emotion as the announcement was made and appears to have accepted the fact that he will not have to stand trial for the the two charges now that arrangements are being made that will decide his final fate in this case. While it was said that Lane could receive as much as 15 years in prison if convicted of either charge, the State Attorney had previously stated that a plea bargain would not be accepted for anything less than 10 years. Still, even after the announcement today, the exact amount of time still remains unknown.
LegalForce Answers announces a lawyer day of service to help answer consumer legal questions for free
PALO ALTO, Calif., Jan. 19, 2009 — LegalForce , the largest community of American lawyers on the Internet, announces a day of service for lawyers across the United States to answer legal questions of Americans for free to commemorate the historic inauguration of President-elect Barack Obama. LegalForce is the largest community of American lawyers on the Internet with more than 315,000 American lawyers and legal professionals. Commemorating Barack Obama’s historic inauguration to the United States presidency tomorrow, lawyers across the country have united to volunteer their time to answer questions for free for all Americans through the LegalForce Answers forum.
LegalForce includes a free legal questions-and-answers forum that provides personalized answers to consumers’ specific legal questions. “LegalForce Answers” is the largest legal Q&A website where users can find and vote on the best attorneys in their cities and states – through their LegalForce best lawyer profiles – and the quality of their answer through votes from the community of LegalForce users.
In addition, “LegalForce Answers” lets consumers answer questions so that they can share their own experiences with others who are struggling with similar legal issues.
“We’re pleased to be able to answer questions of any type on a pro-bono volunteer basis today, and help those individuals who cannot afford a lawyer through LegalForce,” comments Jason Smith, a public interest lawyer in New York. Through LegalForce, individuals from all walks of life can their questions answered by registered American lawyers working on a pro-bono basis.
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Bankruptcies, foreclosures, and personal financial issues are on the minds of many Americans. LegalForce Answers
today provides a fast, free and easy way for consumers to get answers to their questions, and at the same time, provides them with even more information and guidance to help them get the advice they need,” said Wendy Weinstein, LegalForce product manager. “LegalForce Answers also lets lawyers who want to do good during this historic election demonstrate their expertise and share some initial guidance with consumers in need.”
The launch of “LegalForce Answers” creates an online community focused exclusively on legal issues where consumers can ask specific, highly detailed questions – even anonymously to protect their privacy – or search a database of questions asked by others on a broad range of legal issues. Users can also be automatically notified when questions or answers are posted on specific topics of interest to them, or when a specific lawyer posts a new answer to any question. Answers can come from both lawyers and non-lawyers.
“LegalForce Answers” is also the only legal Q&A forum that recognizes those lawyers who volunteer their time during this historic time provide helpful answers as judged by the community of LegalForce users. Lawyers can achieve different “levels” based on the quantity and quality of their answers, and that level is displayed together next to each answer they provide, as well as in their LegalForce Profile.
In addition to being able to vote on the quality of an answer and view other people’s votes, consumers can assess the background of every lawyer who provides an answer by reviewing their LegalForce Rating and LegalForce Profile, which includes a lawyer’s professional experience, industry recognition, and client endorsements. To make that easy for the consumer, a link to the lawyer’s LegalForce Profile is displayed beside every answer.
LegalForce Answers is a great forum for consumers to ask questions on bankruptcy, foreclosures, legal disputes, other legal questions for free in these trying times. As Barack Obama takes on the American presidency, lawyers across the world have united to answer questions of consumers for free through LegalForce.
LegalForce is a lawyer search website that rates and profiles every attorney to help consumers find the right lawyer. In addition to detailed lawyer profiles, the free site includes the LegalForce Rating, outstanding attorneys across every major city and small town in America.
LegalForce gives every attorney a free online profile and an opportunity to give and receive peer endorsements. The website currently includes profiles and ratings on licensed attorneys in all 50 United States. Founded in July 2008, LegalForce is privately held, with angel funding from private investors and venture capitalists in the Bay area.
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Distributed by eReleases – http://www.ereleases.com
Only days after the long running Billy Lane DUI case had a new Judge appointed, the Florida State Attorney’s office has filed a new charge against the Melbourne motorcycle builder. For over two years Billy Lane has faced the single felony charge of DUI Manslaughter and has appeared many times in the court of Brevard County Judge Meryl Allawas. Judge Allawas was voted off the bench in last year’s election and Judge Robert Burger has now taken over her case load. One of the cases still pending to be heard is the trial of custom motorcycle builder Billy Lane. Lane had three charges filed against him in 2006 for his involvement in a crash in Melbourne Beach that caused the death of 56 year old Gerald Morelock.
The case has taken many different courses since Lane’s arrest including two of the original charges filed against Lane being dismissed and original defense attorney Kepler Funk being replaced by Gregory Eisenmenger. With a trial date now set for February 9th, the State Attorney has filed a new charge of vehicular homicide against Billy. Lane is accused of attempting to pass cars in a no passing zone on Highway A1A while driving a 2006 Dodge pick up owned by Chrysler Corporation on September 4th, 2006. The truck Lane was driving struck Morelock head on while riding his motor scooter and caused his death. Billy Lane and female passenger Erin Derrick were both injured in the crash as well, but were both released from the hospital.
Florida State Troopers suspected Lane of driving impaired and later drew blood by force at the hospital. The blood sample came back from the Florida Department of Law Enforcement lab testing positive for an illegal amount of blood alcohol. The blood sample taken that night has been a major part of contention in the case and motions filed by the defense are trying to strike it as evidence. It was later revealed in a autopsy report that the victim also had been drinking. The victim’s family as well as the passenger in the crash have both filed civil suit against Lane and Dodge for damages. The civil case filed by the mother of Gerald Morelock has been settled, while the case filed by passenger Erin Derrick remains open and has been moved out of county.
Lane still faces 10 years in prison if convicted on the new charge.
Lane’s blood work to be looked at by another expert, this time appointed by the state.
The hearing for Billy Lane’s pending DUI Manslaughter charge scheduled for today at 2:00 in Viera was canceled. The next date scheduled for hearing is November 17th. However, State Attorney Tom Brown says that we are getting closer to a trial date to be set.
The state had asked to see the blood work report that had been produced by Lane’s expert witness, but the defense attorney has decided not to use the testimony, results or consultation of the witness they had hired. At the same time Lane’s defense has filed a motion to suppress the blood work as evidence in the case. Because the state was not allowed to view the results of the tests ordered by Lane’s attorney, the State of Florida has now sent the blood work to another expert to be analysed. State Attorney Tom Brown said that the report will be used in conjunction with the original report from the FDLE lab. The exact results of the new tests are not known yet but there is a deposition of the Doctor that performed the test scheduled that will reveal the findings.
I asked State Attorney Tom Brown if he thought this would go to trial and he said that he expects it to . He stated that the State is prepared to go to trial unless Lane was to plea to jail time. I asked what kind of plea would be acceptable and Brown said he would not accept anything less than 10 years jail time in order to keep this case from going to trial. You may recall that Billy Lane would be looking at at least 15 years jail time if he does go to trial and is found guilty of DUI Manslaughter.
Lane is still facing another civil suit that was filed by the passenger of the Dodge truck that he was driving on the night he passed in a no passing zone causing the death of Melbourne Beach resident Gerald Morelock. However, this civil trial that has been filed by passenger Erin Derrick against Billy Lane and Chrysler has been moved out of county and has no court date scheduled at this time.
June 12th was the hearing date scheduled in the William Lane DUI Manslaughter trial that an actual trial date was expected to be set. However, the hearing was cancelled because attorneys Gregory Eisenmenger and Robert Barry were out of town on another case. Judge Allawas had ordered that all motions be filed by the defense no later than June 6th during the last hearing so that she could proceed with a trial date.
Three motions were filed by Lane’s attorneys on June 6th to meet the court’s demand. All 3 motions are to suppress the blood evidence that may be crucial to the state to uphold the charge of DUI. Lane is currently awaiting ruling by the Division of Administrative Hearings regarding the sufficiency of certain rules. One of the motions filed alleges that the State of Florida and FDLE (Florida Department of Law Enforcement) rules were not complied with and it is for this reason that the Administrative Hearing is in place and still awaiting a decision.
The motion further state that several critical errors were made in the handling and analysis of the blood evidence. First is that the blood kit was taken to the post office in Rockledge, Florida on September 5, 2006 and was sent by certified mail to the FDLE crime lab in Orlando and was not delivered until September 12th, 7 days later.
The delay, it appears, was due to the way the FHP mailed the blood kit (image above). According to the motion the FHP chose to send the evidence by certified mail rather than overnight or by courier. Florida rule does not require refrigeration of blood used as evidence if it is submitted for analysis within 7 days which apparently was very close in this case. The same motion goes on to state that the proper procedure was not used in the analysis of the blood by the FDLE examiner.
Although all of the 3 motions filed were to suppress the blood evidence in the case, none of them mentioned the expert witness or lab work completed in Colorado that had caused major time delays in the case previously.
So at this date there is no date set for the three motions to be heard, Lane still awaits decision by the state on Administrative Hearings and no date has been set for the start of the actual trial.
Update! on 6/18/2008 A new court date has been scheduled for July 10, 2008 at 11:00 am
(Viera, Florida) State Attorney Tom Brown said he has been in a holding pattern for months waiting on the test results and decision of Billy Lane’s defense attorney Gregory Eisenmenger. Judge Allawas told Eisenmenger that she expects all motions and decisions to be made by no later than June 6th and scheduled the next pretrial hearing for June 12th when she expects to set a trail date in the DUI Manslaughter case that Lane has been faced with for almost two years now.
Eisenmenger told the court that he expects to have reached a decision on how he plans to use his expert witness within 30-45 days, sooner if she required it. “The results are back, I have not had a chance to look them over yet” Eisenmenger said to the court with his arm in a sling. I have an obvious injury and my assistant Mr. Barry is scheduled for surgery on Monday, hopefully we will be able to get this resolved as we both recuperate. Eisenmenger and Barry have not reached a decision on how that are planning on using the blood test results and expert witness for trial. There was an administrative hearing that had some unexpected issues resulting in their uncertainty. Based on these results we will determine if we plan on using Masten as a expert witness or just a consultant, Eisenmenger told the court. There is a 50 50 chance of us using him either way at this time.
State Attorney Tom Brown said that until Eisenmenger makes his decision, he has no choice but to wait. It will be based on the decision of Eisenmenger as to how we will proceed with the depositions in the case. We can not do the deposition of the witness without knowing what to ask and until we see the results ourselves we have to wait. After looking over some notes in the case, Judge Allawas reminded Attorney Eisenmenger of statements made by Ken Barry in previous hearings as to the expected time line.
Billy Lane, his Mother and Byron Morelock spoke outside the courthouse for some time. Byron was hoping to hear news of a trial date being set today, but was set back at further delays in the DUI Manslaughter trial related to the death of his brother Gerald Morelock. Byron and Billy have been talking about working out something positive toward what has happened, but no certain plans can be announced yet.
Erin Derrick, the female passenger that was with Billy Lane on the night of the crash that took the life of Gerald Morelock and injured Derrick has filed civil suit against Lane and Chrysler for Auto Negligence. Lane and Dodge reached a settlement with the family of the victim last year, but are still waiting for justice in the criminal case. This is breaking news just discovered and the actual summons has not even been returned yet.
Lane is scheduled for a hearing today at 1:30 pm in the criminal case where he is still facing charges of DUI Manslaughter.
More on this story as it unfolds.