Minutes after the US Supreme Court ruled in the Melendez-Diaz case, frequent guest blogger, Sandy Sanders, Esq. sent me his expert opinion on the devastating impact on the case. His fear was that if we did not do something to fix Virginia law, drunk drivers and drug dealers would have their cases dismissed. Virginia law as it now exists has been ruled unconstitutional. Sanders has posted several updates and each one relayed the urgency of this important decision. I have also posted on this topic several times.
Tim “The Absentee Governor” has been too busy making appearences for the DNC and attending ESPY awards to be bothered. His decision was to sit back and wait as Republican Attorney General candidate and current State Senator Ken Cuccinelli urged his opponent to join with him in urging Kaine to call the special session. In return, Steve Shannon, Cuccinelli’s opponent took the opportunity to accuse Cuccinelli of a P.R. stunt and attempted to use a failed bill Shannon introduced in a pathetic attempt to gain political points.
Well, as predicted, at least 5 drunk drivers are seeing the charges against them dropped according to the Washington Post:
“This is the biggest case for the defense since Miranda,” said Fairfax defense lawyer Paul L. McGlone, referring to the Supreme Court ruling that required police to inform defendants of their Fifth Amendment right against self-incrimination. He said judges “are no longer going to assume certain facts are true without requiring the prosecution to actually put on their evidence.”
Four drunken driving cases in Fairfax and at least one in Prince William County have been thrown out by judges after defense attorneys used the new ruling to challenge the prosecution’s evidence.
P.R. stunt indeed. Governor Kaine and Steve Shannon: If these people who have been released harm themselves or anyone else, the blood is on your hands.
Stop playing politics and get the work of the people done!