I was
unable to attend court today, but Greg (Anita Zaffke’s
son) provides an update:
Today's hearing was interesting to say
the least. The defense took about 40 minutes to make their points then
repeat them over and over and over again. They cited case law from mostly
petit jury (trial jury) cases to argue their point about due
process in grand jury proceedings. The State's Attorney took 20
minutes to rebut all points.
Judge's decision on the Motion to Dismiss the
Indictment of Reckless Homicide will be heard on February 10th*.
Her
actions are what make her guilty but if there is any doubt, these are her own
words repeated in court today:
I was distracted by applying nail polish, which I
contemplated whether or not to do. I
chose to do a very stupid thing.
Lora
Hunt is a walking definition of recklessness.
She didn’t even see the traffic signal until after impact, but her
lawyer claims that the Grand Jury would not have found probably cause of a
crime if they had heard testimony about the yellow light. So we now know that the defense motion to
dismiss was utterly groundless.
This
is the way unscrupulous lawyers extract fees from frightened but wealthy
clients. Defense attorney Tomczak didn’t even make sense, arguing that the
wording of the indictment didn’t sound “criminal” enough but also that it
should have been read to the Grand Jurors anyway. It seems he doesn’t expect to prevail. He just expects his fee to be paid.
And
all of this is for nothing because jeopardy has not attached. That is, if the judge were to grant the
defense everything, the prosecution would simply present the case to the Grand
Jury again. Apart from collecting fees,
the only thing Tomczak has done is remind us all of
why we hate lawyers:
Metaphorically,
Lora Hunt was found standing over the body of Anita Zaffke
with a smoking gun in her hand. When the
cops asked what happened, she said, “I shot her, which I contemplated whether
or not to do. I chose to do a very
stupid thing.”
And
now Jeff Tomczak argues that the Grand Jurors were
misled by the way the prosecution described the color of the smoke emitting
from the barrel of the gun.
*On
February 10th, Judge Fred Foreman
rejected the defense motion to dismiss.
The way is now clear for trial to begin on May 3rd which is the
day before the first anniversary of the death of Anita Zaffke.
P.S. On March 2nd, Greg announced the
Memorial Ride will be made on the eve of the first year anniversary of his mother’s
death and two days before the trial of his mother’s killer is scheduled to
start. The ride will be held on
Saturday, May 1, 2010. Anita Zaffke died on Saturday, May 2, 2009. On that day, Lora Hunt picked-up a crib from
the home of a daughter who lives in
http://epic.blacknailbrigade.org/
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