Saturday, December 20, 2014

Two Criminal Counts And Evidence Gathered At The Scene Of Alleged Drunk Driver Double Homicide THROWN OUT, Honorable Judge Acknowledges Political Pressure Applied By JNS Blog...

Facebook photo used under First Amendment Fair Comment and
Criticism, also assumed permission and (possibly) public safety
exception to copyright long asserted by JNS blog, blog post
by John Hoff

This is a story that normally gets covered by JNS blog guest author Jordan North, but what sometimes happens is the owner of this blog (that would be me) is faster and more prolific, and the public's need for news (from blogs or other media) never takes a break. 

Hopefully, guest author Jordan North can follow up with more details about the legal proceedings in this case. Here is what is known to this blogger at this hour, and it's not happy news for the parents of Melvin Jones and Brandy Banks, victims of an...

...alleged drunk driver, Philip S. Bertelsen. 

A key piece of evidence has been excluded from the trial. Based on what I'm hearing--though I'd like more more direct confirmation--it may be blood evidence gathered from the person of Philip S. Bertelsen, and the reason for its exclusion would involve lack of consent. Here is a comment posted by Jordan North, who follows the case closely in a "boots on the ground" manner. 

The trial date is set for March 30th. Two counts were thrown out as well has the evidence that proved he was drunk, gathered by police. We are getting together an impact statement and putting it in two local businesses for everyone to sign. I will post the locations. I am heartbroken for the families. Just once, I would love to see a man be a man. Stand up and say you're sorry, guilty, and let people have peace. There are so few of those left. 

--------------------------- I'm not clear if the alleged lack of consent was due allegedly being three sheets to the wind while driving a car like a sailboat, and of course sailboats don't have brakes but can go pretty fast with three sheets to the wind, or whether the purported and supposed lack of consent involved having one's head hit so hard by one's own steering wheel or windshield glass, or some combination of those alleged factors which muddy the noggin to the point of non-cognition in the nog-nition while sitting behind the ig-nition (all of these things oh-so-allegedly) but whatever it is...

Lack of consent. This is the point where I have to think, "Did those two VICTIMS consent to having their lives snuffed out? I don't think so." 

So this will be a tough case for prosecutors to win, and in order to keep up political pressure to NOT drop the case, this case must be kept in the public eye through never-ending beating of the bloggy drum by myself or Jordan North. YouTube video commentary on that point as follows: 

Jordan North, in a brief email, tells me as follows:

The JUDGE knew about the blog and acknowledged all the letters and emails she is getting in court !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Every time I wonder, even for a moment, if blogging about neighborhood issues makes any difference I hear something like that, and I know it makes a huge difference. 

Hope is not lost. The accident scene itself tells the story and the case on the remaining counts can be won with the remaining evidence. 


Anonymous said...

Why would Bertelson need to consent to a blood test given that obvious conclusion at the scene that he'd been impaired? It should be easy to demonstrate that he'd been wasted. The cops and paramedics on scene will undoubtedly testify that he reeked of alcohol. If he'd been drinking in a bar and paid with a credit card or debit card, it should be possible to impute the amount of alcohol he'd purchased. The fact that he was driving 100 mph in a 40 mph zone is strong evidence itself. And if he'd been driving 100 mph WITHOUT being drunk his moral and legal culpability should be no less. His best chance would be a trial without a jury, because no jury would be stupid enough to not throw the book at him. To find someone that stupid, you'd have to have a judge.

Johnny Northside! said...

Bizarre and disturbing commentary directed toward the alleged drunk driver has been rejected.

MCullen NE said...

I don't understand because I am 99% sure the following law is in MN.

Definition: Most states now have passed laws that require vehicle drivers to submit to a chemical test -- breath, blood or urine testing -- if they are suspected of DUI. If the driver refuses to submit to the test, implied consent laws carry penalties such as mandatory suspension of a driver's license.

Thus how would his drunk ass even know what was asked of him and his answer? This is ludicrous. POS

Johnny Northside! said...

The latest on this and it isn't good.