Hearing on change of venue for Frederick is delayed

Can you ask you sister this question for me and I am not trying to be funny. How come the defense attorney's and prosecutors never raise their hand to promise to tell the truth, the whole truth, and nothing but the truth. I know they do not take the stand, but in reality they do provide tesitmony during opening and closing statements. In addition they ask questions which can affect a jury's opinion.

to you also. I only mentioned my sister's opinion because she spent years as a criminal defense lawyer before her time on the bench. I have a total of 6 attorneys in my family. They have all practiced criminal law at some time in their careers. They all, from the info available to them, conclude Ryan is a criminal, who should get the best representation he can afford or that the court will appoint. Believe me, most lawyers believing their client is guilty will still do their best to defend them. Most judges are able to be impartial, regardless of their personal feelings. They are, after all, professionals.

I hope this post will go through. tired of typing a long winded letter and then it not getting posted. Anyways, just noticed this....
Atlanta Cop admitted he lied during botched Drug Raid on 92 yr old woman....

http://news.google.com/news/url?sa=t&ct=/10-2&fp=490a378b60dc6afc&ei=ZW8KSZTjLqbgyQSLj7X6AQ&url=http%3A//www.ajc.com/cherokee/content/metro/atlanta/stories/2008/10/30/tesler_atlanta_police.html&cid=1264680299&usg=AFQjCNEIpI1RKRiro6WECH1OyE1dIFkcFA

Now also can you tell me how just because you are a retired cop and your sister a retired judge, how you can determine who is lying in the frederick case? Were either of you there? I personally think he is innocent, and to go a step further i think that ever if he was guilty of Growing some plants, it should never come to no-knock bust down the door shoot-em ups over a gift from god. Did God not give us Dominion over all plants bearing seeds? I guess we only have to follow the other parts of the bible and not that one. Glad someone knows which passages to use and which to toss.
You obviously think he is guilty. so prove it. I think he is innocent, and i dont have to prove it. Or at least thats how it should be.

No, I’m not an attorney, corporate or otherwise. (How can you tell when a lawyer is lying? His lips are moving…).

I’m just an American citizen who is concerned about police departments, egged on by Federal subsidies for drug interdiction, visiting death and destruction on innocent people (not to mention dogs), in their frenzied (and largely ineffective) attempts to win the, “War on Drugs.”

I’m just an American citizen who is concerned about police officers who have become a law unto themselves, answerable to no one, without fear of sanction or reprisal for their actions, who feel that it is right, righteous and necessary for them to violate the very law that they call themselves enforcing.

It’s not all bad, though. Since you and your sister believe Mr. Frederick a criminal, I take comfort in the fact that she’s retired…

A very good day to you, sir.

By some of your comments, I've surmised, perhaps incorrectly, that you're one & the same with a corporate attorney, by the same name. I may not have inside knowledge of this particular case but I do know of what I speak as to raids. Ryan is a criminal. Not just in my opinion but my sister, a retired federal judge, believes he is.

You may be versed in “drug raid” SOP, but your knowledge of this particular raid is decidedly limited...

You said this was a “No Knock” warrant – I asked you why Roberts testified that they knocked and announced – to convey to you, your ignorance of the facts…

At least two neighbors who were outside and saw the police arrive, stated that the police did not knock and announce – the first sound heard was the battering ram hitting the door…

If true, a reasonable surmise would be that the police conducted the raid as a No Knock, which wasn’t authorized…

If so, Roberts did perjure himself, to cover his six, and to indicate that Mr. Frederick knew he was shooting at police (to justify the capital murder charge)…

Mr. Frederick stated that he was awakened by his dogs, who were “going crazy.”

No evidence of drug sales has been produced, only claims by the informant, who has a grievance with Mr. Frederick...

On drug warrants, if the door isn't answered & it's ascertained that the dealer is home, the door can be kicked in, if there's no response from the dealer. I'm not defending anyone, only stating what I know form personal experience. I often disagree with police actions, also due to personal knowledge & experience. Ryan is a criminal. No ways around it. He was operating an illegal drug business from his home. Do you realize your comments make Ryan seem even more guilty? If the officers knocked & announced their identity, then that would be indication that Ryan was, in fact, awakened by their loud announcement of identity. I,'m not jumping to judgement, I'm commenting, again on personal knowledge & experience in these type matters. Again, Ryan is quite the lucky man, to be alive to stand trial.

Yes, my fangs were showing, and I do apologize…

Thank you for the lecture, All I really wanted to know what was the said at the hearing. Better to hear it from the horses mouth than some slanted report from a blog. We all wish we could attend the hearings like yourself.

Interesting that you admonish others to stop rushing to judgment until the government makes their case, but then assert Mr Frederick is a criminal. Det Roberts has already stated in a hearing that his investigation consisted of a few drive-by passes of Frederick's house during which he and Det Shivers saw, "nothing unusual," the word of the informant and the plants the informant stole as evidence. If the seized plants actually were MJ, why take almost a month to charge Frederick with "first-time possession" at a misdemeanor amount? I'm sure CPD wanted to throw the book at Frederick after the shooting...the best they had was evidence supporting a misdemeanor and no direct evidence themselves of Frederick's activities (based on the detective's testimony in the hearing). As for "shooting through the door," Frederick said he shot at someone reaching through the door (target ID made). Certainly he could be held accountable for having bad aim and being negligent, but again, all this must be proved by the prosecutor...thank you for your service to the community and please wait for all the evidence to come out before labeling Frederick a "criminal" and "drug-dealer."

Aren’t you the guy that keeps insisting that he’s interested in the facts?

I’ve been reading your posts on this subject since last January. It seems that every time the facts are presented to you, facts that don’t support what you obviously WANT to believe (i.e. the CPD are right and righteous, and Mr. Frederick is a cop-killing drug dealer), you come up with these alternative theories, speculations and scenarios that, although amusing (at least to those who enjoy fiction and fantasy), simply don’t make sense, don’t add up or are not plausible.

There are several news articles, as well as a couple internet blogs, that answer your question – do a little research, you’ll benefit from the experience…

Based upon the reports, I do not believe it was a "No-knock" warrant. I do agree if the police sent the burglars into the house and then left that information out of the warrant on purpose it is a very serious violation.

I have a question since you attended the hearing. Did the prosecutor stated the informants were the burglars and did he state the police were aware of the burglary. If the police were aware of the burlgary it could have been after the fact, meaning the guy commits it. The same guy gets arrested for another crime ,but offers up Fredrick.

IF it was a “No Knock” warrant, why did Det. Roberts testify (under oath) that they knocked and announced themselves several times? Mr. Ebert also stated this, based on that testimony.

Are you saying that Det. Roberts perjured himself?

IF the police sent the burglars to Mr. Fredericks house to obtain evidence for the warrant, this would be a violation of the 4th Amendment (Federal Offense). Further, if they didn’t disclose this to the magistrate, this would also be illegal (perjury, at least) rendering the warrant null & void, which means it was an illegal home invasion.

Several sources, including the CPD and prosecutors, have confirmed that the burglars were working with the CPD (I was present at the hearing on 9/9/08 when both prosecutors confirmed this – were you?).

But, keep defending your heroes – it’s always nice to meet an optimist…

executed at the correct address, is in no way an illegal invasion of a home. I know, as I executed many in my day. There were illegal acts at that address. They were all done by Ryan Frederick. He maintained an illegal drug operation at his home. He shot, twice, & killed a man. He needs to deal with the consequences of his actions. Plain & simple. Ryan is a criminal. No ifs ands or buts. As I wrote in earlier posts, drug dealers are aware that a no knock warrant raid is always a strong probability. Ryan has already benefited from a bigger break than most. He wasn't shot dead, on the spot, by officers returning fire.

This nonsense about Mr. Frederick “firing blindly thru the door” is getting old – let’s see if I can clear this up.

The cop (referred to as “The Breacher”) that was using the 40 pound battering ram on Mr. Frederick’s front door, missed his target (a spot directly below the door knob), knocked out the lower panel of the door, and lost his grip on the battering ram. He then reached thru the hole, either to retrieve his battering ram, or to unlock the door from the inside.

Mr. Frederick saw the arm of an intruder reaching into his house, and fired his weapon at it. As a result of being woken, suddenly, from a sound sleep, by his dogs – as well as being frightened by an unlawful invasion of his home (adrenaline coursing thru your veins causes your hands to shake) he missed his target. The round(s) went thru the hole that was punched thru his door, and struck Officer Shivers, who was at the bottom of the steps.

Regardless if Frederick knew it was the police at the door aren't we forgetting something. Frederick failed to identify his target. He shot blindly through a closed door. It could have been a friend or family member of his, or someone seeking help. If he had shot an innocent person the public would be demanding he be locked away forever. But since a police officer got killed it must be CPD's fault. As for everyone criticizing the CPD, you do not know all of the details and will not know them until the trial is over.

but I don't care 1 way or the other about NASCAR. I know of many of the drivers yet I'm a fan of none; at least not as drivers. I think, perhaps your comments were meant as jest. If not, then I don't see from whence they came. I wouldn't wish to see a Confederate flag outside of a museum or like venue but especially not at a sporting event. Have a good day.

This story is starting to seem like a with hunt for the prosecution. "IF" the information we are getting is correct then I would have to say the prosecution should be required to pick up the pace dramatically. Having some experience in court proceedings I am suprised that someone, somewhere isn't getting a little loud by now. Where's the NAAWP when you need them? I'm not for or against Frederick, but I am paying attention to how this case is being handled. So far, the CPD and Chesapeakes Commonwealth Atty's office hasn't showed me much. With today's crime wave involving home invasions, who's to say any one of us may not act in the same manner. I wonder this....if it WAS a home invasion and Frederick's shot the intruder, would he have been charged with a crime?

Col. Jeff Cooper commenting on the militarization of Police:

"Let us reflect upon the fact that a man who covers his face shows reason to be ashamed of what he is doing. A man who takes it upon himself to shed blood while concealing his identity is a revolting perversion of the warrior ethic. It has long been my conviction that a masked man with a gun is a target. I see no reason to change that view."

I know what your gonna say " I'm southern and I think frederick is guilty." Please........... spare me, me and you is a different kind of southern. first your a narc second you probably a jeff gordon fan. so i don't wanna hear it from ya. If you ever see me at richmond international speedway waving my confederate flag stay out of my way you jeff gordon fan.

Agreed this is not a guns rights case, and I am interested to hear the real facts in this case. I find it troubling when frederick's attorney is not disclosed the documents requested and I find it troubling when a change of venue is requested by the prosecution (especially a prosecutor from up north ...j/k). I am deeply troubled by the accusations of police informants breaking and entering into one's home with police knowledge. This isn't a guns right case. and I don't know if we have a reteat law but if someone is breaking in your home, that to me is time to use my guns period. Someone in the Ches Police Dept needs to be fired. Someone has to take the blame for this. Just my opinion. Take it easy price have a good week

Let's agree on this, the case is not about gun rights. No hard feelings, that is what these boards are for, no personal attacks just debates on the isues at hand. I do believe in order to have a good debate you have to be willing to look at both sides of the issue. I think we all want to hear the facts in this case and the news media just gives enough to stir the pot and that is their job. In the trail all the details will come out and then people can form their opinions. i ask you this, can you shoot someone (take out police) through a door if they are breaking into your house? Does Virignia have a retreat law or case law?

north VA while technicanally below the mason-dixon line hasn't been considered "Southern" in a long time buddy. Ask any Tidewater native they'll tell ya. gun rights...hmm... all I will say is this. if your not southern or least from the rural country background you wouldn't understand and price you are clearly not from VA unless maybe North VA. price would you like to know how I know your not from VA, well it's easy because all of your posts you lecture people and talk down to them. Typical Northern trait. Price you seem very smart but we (southern people) don't your "FYI's" I do think that you see the inaccuracies in this case and know that there is plenty of blame to go around. FREE RYAN FREDERICK!!!!!!!!!!!!!!!!!!!!no hard feelings Mr. Price

have to do with this case? Ryan is a criminal who was engaged in a criminal activity, which is why the police were using a no knock warrant to enter his home. Those of you thinking the police sent in informants to burglarize Ryan's home are only guessing & reaching for straws. Ryan is a criminal, plain & simple. He needs to answer for his criminal behavior. A dope dealer who shot & killed a man. He's that, nothing more. He deserves the best defense lawyer he can either afford or which the state will appoint, nothing more. I wish death to no one yet as a former narc who went on many no knock warrant raids, I can tell you in no uncertain terms, Ryan is fortunate the other officers didn't return fire & take him out. That's the last break he should get in this case.

In case you have not noticed the prosecutor is from below the Mason Dixon Line, FYI the line really has nothing to do with the North and South, it was a property issue. As for Capital murder, I have never said Fredrick is guilty of Capital murder. I did say he should be held accountable, just like I said the police should be held accountable if in fact they did direct and allow the burglary to happen. Get off your guns rights, Fredrick was not a legal gun owner, I believe since Fredrick was an avid user of marijuana he was not legal, but that is a point that really means nothing now.

The govt has gone too far. FREE RYAN FREDERICK. Mr. Frederick every Southern Man that supports gun rights should be supporting you. Fight this all the way to the end. SIC SEMPER TYRANNIS!

Price what are you a professor? I read one of your earlier posts that Frederick needs to be held accountable for this. I disagree. My perspective is Mr. Frederick a southern man with a legal gun was protecting his home from intruders. Two days (or however many) prior to this incident his home was broken into by police informants. So it is very easy to believe Mr Frederick thought it was happening again. Now to believe that Mr. Frederick was guilty of capital murder you would have to believe that Mr Frederick 1) knew the police were at the door that evening 2) Mr. Frederick decided to shoot it out with the police instead of surrendering to police. Price do you think that Mr. Frederick wanted to shoot it out with the police over a misdemeanor amount of marijuana? It doesn't make sense to me. So in return I would say to you Price that the Ches Police Dept needs to be held accountable for their actions which in turn are responsible for Det Shivers death. I have been dumbfounded by the way this prosecutor from up north is trying to ruin this man's life. Every Southern Man that holds 2nd amendment rights near and dear to his heart should follow this trail closely. The govt

Unless Frederick is mentally challenged, it's no way he couldn't understand his home could be raided by law enforcement at any time. He knowingly participated in a criminal activity in his home. As a former narcotics investigator who took part in numerous no knock warrant raids, I can attest to the reality that I not once met a drug dealer who was a target of such a raid being unaware that a raid was always a strong possibility. I also worked undercover in narcotics. Not 1 of the dealers I dealt with were surprised when warrants came out for their arrest. They were surprised only that I was a narc, not that they got caught. That's an inevibility to them. I feel no sympathy for Ryan. He needs to pay for his actions, period.

Some good points on your post.

Len, I agree if someone was breaking and entered my house and I had access to a gun I might use it (we could "if" these questions all day). All I was asking for the last poster to explain their post on "justifiable homicide".

Bob,
I think those points were proven already. the Va. Pilot reported the bullet was a .380 and Fredrick did posses a .380. He did knowingly and intentionally shoot through the door. I think what you meant to say is, did Fredrick knowingly shoot at the police.

Mike, right now you are comparing apples and oranges. The Duke case can not be compared to this case. The Duke DA knowingly ignored evidence that would favor the lacrosse players (I think he even tried to hide it, not sure), he deserved to be disbarred. If this happens in the Fredrick case, then the same should happen to the prosecutor.

The Duke lacrosse team members that were accused of rape, the DA Nifong went at them full bore only the STATE investigation found not only was there no evidence against the accused but Nifong went to JAIL over prosecutorial negligence and was permanently DISBARRED...! Drop the charges. Let Detective Shivers soul rest in peace.