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 MN: Man pulls a gun on errant driver at Silver Lake playgrou 
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PostPosted: Wed Sep 10, 2008 7:59 am 
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Dismal,

Thanks for keeping an eye on this. Please continue to do so.

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PostPosted: Tue Sep 16, 2008 9:46 pm 
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Baring conflicts with my work, I'll be going to this hearing tomorrow. I've never been in a court before, is there anything special that I should pay attention to? And how long does an omnibus hearing normally last?


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PostPosted: Tue Sep 16, 2008 11:02 pm 
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12 minutes

Just be seated, make sure you cell phone is off before you go in.

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PostPosted: Wed Sep 17, 2008 2:53 pm 
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So, I show up at 1:25, turns out they schedule all of the afternoon hearing for 1:30, then run them in order. Mr. Rose's case was number 14. Unfortunately, I had to be back to work at 3pm, so I had to leave before his hearing.

According to the website (http://pa.courts.state.mn.us/CaseDetail ... 1611921322), he plead not guilty, with a trial date set for Feb 24.


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PostPosted: Thu Sep 18, 2008 1:39 pm 
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I am sure I am searching wrong, I can not find anything on this case going forward. I wondering if this is a potential for the NRA to help out with to set a legal precedence? Be easy on me now.


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PostPosted: Thu Sep 18, 2008 1:52 pm 
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Joninroch wrote:
I am sure I am searching wrong, I can not find anything on this case going forward. I wondering if this is a potential for the NRA to help out with to set a legal precedence? Be easy on me now.
The NRA very, very rarely gets involved in criminal defense. I'm not saying that's good or bad, just that it is.

Gentle enough?

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PostPosted: Thu Sep 18, 2008 2:02 pm 
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Yes, I was just reading up on the Civil Rights Defense Fund and they do admit they do not have funds for everything but do get involved with some. I am sure it is the ones that get them the most bang for the buck. Still can't find the case :(


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PostPosted: Thu Sep 18, 2008 2:05 pm 
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Sure. Think "ACLU." (In a good way.) They tend not to take cases that are either guaranteed losers or swing on matters of fact, but ones that try to establish precedents. And then they really have to -- and ought to -- choose very carefully.

What precedent would be established here? I'm not saying that there couldn't be one -- but what would it be?

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PostPosted: Thu Sep 18, 2008 7:54 pm 
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Well it IMO is like they are treating him as if he used deadly force. If in fact he was justified, why take his guns, put him on a strict probation. It is like he is guilty until proven innocent. Kind of back words. Reasonable cause?


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PostPosted: Thu Sep 18, 2008 8:18 pm 
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No use or possession of firearms or dangerous weapons


Eh, at least it is an actual order of the court. Of course his attorney should have fought the Constitutionality of denying 2nd ammendment rights to an unconvicted man.

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Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
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PostPosted: Sun Dec 28, 2008 1:44 am 
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Charges: ROSE, TIMOTHY JAY
1. Dangerous Weapons-Intentionally Point a Gun

Statute
609.66.1(a)(2)

Level
Gross Misdemeanor

Date
07/04/2008

Events & Orders of the Court
DISPOSITIONS
09/17/2008
Plea (Judicial Officer: Birnbaum, Robert)
1. Dangerous Weapons-Intentionally Point a Gun
Not guilty

OTHER EVENTS AND HEARINGS
07/07/2008 Application for Public Defender
07/07/2008 Bail Study
07/07/2008 Complaint-Order for Detention
07/07/2008 Interim Condition for ROSE, TIMOTHY JAY
- Complete booking
- Do not leave Minnesota without written court approval
- Keep court/attorney informed of current address
- No alcohol/controlled substance use
- No contact with victim(s)
- No possession of alcohol or drugs
- Released on own recognizance
- Remain law-abiding
- Make all future court appearances
- Make and maintain contact with attorney
- Do Not Enter Bars or Liquor Stores
- Sign Waiver of Extradition
- No use or possession of firearms or dangerous weapons
07/07/2008 First Appearance (10:30 AM) (Judicial Officer Chase, Joseph F.)
Result: Held
07/07/2008 Notice-Probable Cause Found to Detain
07/07/2008 Order Denying Public Defender
07/07/2008 Waiver
07/10/2008 Discovery Disclosure
07/10/2008 Notice of Evidence and Identification Procedures
07/10/2008 Request for Disclosure
07/10/2008 Witness List
07/16/2008 Affidavit of Service
07/16/2008 Affidavit of Service
07/16/2008 Certificate of Representation
07/16/2008 Probable Cause Found to Detain
07/16/2008 Request for Disclosure
08/01/2008 Witness List
08/19/2008 CANCELED Omnibus Hearing (8:30 AM) (Judicial Officer Lund, Kevin A.)
Other
09/17/2008 Demand for Jury Trial
09/17/2008 Notice of Defense and Defense Witnesses
09/17/2008 Omnibus Hearing (1:30 PM) (Judicial Officer Birnbaum, Robert)
Result: Held
09/17/2008 Waiver of Evidentiary Hearing
02/19/2009 Pre-trial (1:30 PM) (Judicial Officer Chase, Joseph F.)
02/25/2009 Jury Trial (9:00 AM) (Judicial Officer Chase, Joseph F.)


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PostPosted: Sun Dec 28, 2008 8:31 am 
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Thanks Dee, we will have to keep watching this one.

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PostPosted: Thu Feb 26, 2009 12:09 am 
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Anyone know what the result was here or is it still ongoing?


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PostPosted: Thu Feb 26, 2009 12:20 am 
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Unfortunately, I was unable to make it to the trial, been real busy this week.

The courts website (http://pa.courts.state.mn.us/default.aspx, case 55-CR-08-6518) shows the case as still open, but no updates. I haven't seen anything in the news here on this case.

Not sure if it matters at all, but the Zabawa case (Waseca farmhouse murders last year) is going though jury selection at the same courthouse.


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PostPosted: Thu Feb 26, 2009 12:28 am 
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I did a search of the Rochester Post Bulletin online site and came up with nothing.


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