Lawyers for Old Fire suspect seek to get indictment dismissed
Defense lawyers for Old Fire suspect Rickie Lee Fowler have filed a 170-page motion seeking dismissal of the Grand Jury indictment against him.
The motion alleges prosecutors failed to present exculpatory evidence - evidence that tends to show a person should not be indicted - to a criminal Grand Jury that was assembled in August 2009 to hear witness testimony about the 2003 deadly and devastating wildfire.
The motion from lawyers Donald Jordan and Michael Belter, which was authored by Jordan, was briefly discussed Monday at Fowler's scheduled appearance before Judge Michael Smith in San Bernardino Superior Court.
"Present counsel respectfully thinks a mistake has been made in indicting Fowler, and that the case should be dismissed," Jordan wrote in the motion.
"He believes the facts available to the prosecution which would have shown Fowler did not light the fire, in spite of this troubled individual's unfathomable desire to want people to think he had, were simply ignored in their efforts to find a scapegoat on whom to blame the fire," he continued.
The defense's allegations are critical of the handling of the investigation by the San Bernardino County District Attorney's Office and Sheriff's Department, as well as Fowler and his desire to be charged with setting the fire.
The Old Fire ignited on Oct. 25, 2003, near Old Waterman Canyon Road above San Bernardino and burned for nine days, blackening more than 91,000 acres, burning nearly 1,000 homes and causing $170million in property losses, according to the District Attorney's Office.
Fire investigators determined the fire was caused by a flare thrown into the brush.
According to transcripts of the Grand Jury hearings in 2009, sheriff's detectives say Fowler told them he was in a van with three other men in the Old Waterman Canyon area. Fowler reportedly wanted to rob John Aylward, a man he saw as his godfather, who lived on Forest Lane.
But the group was either too drunk or high, drove about halfway down the road, parked and continued to get high. Fowler has given detectives several versions of what happened, but detectives say he also slipped up once and admitted to throwing the flare, according to the transcripts.
Fowler faces five counts of murder and special circumstances, which allow for prosecutors to pursue the death penalty if he is convicted. The five counts of murder are for people who died from heart attacks that prosecutors say were brought on by the stress of evacuation and threats to homes and belongings.
The exculpatory evidence which Jordan wrote should have been presented to the Grand Jury includes witnesses who show Fowler's account about how he and three others happened to be in the van was untrue, the motion states.
Exculpatory evidence also would have included the failure of the Sheriff's Department to investigate the alibis of other possible suspects, as well as Fowler's desire to be charged with the fire, his ignorance that such a charge could result in death or life in state prison, and his basic ignorance of when and where the fire started, according to the motion.
A sheriff's spokeswoman on Monday said the department's Old Fire investigation was very thorough and resulted in lots of interviews. The findings were submitted to the District Attorney's Office, which felt it warranted pursuing charges against Fowler, said sheriff's spokeswoman Jodi Miller
"It was a very extensive investigation," Miller said.
Deputy District Attorney Robert Bulloch, who is prosecuting the case, declined to comment on the motion.
Smith recused himself Monday from hearing the motion, citing his work on the successful campaign for judge of a former prosecutor on the case, Vic Stull. He reset the hearing for Oct. 31 before Judge Duke Rouse.
mike.cruz@inlandnewspapers.com
That is really attention-grabbing, You're a very skilled blogger. I've joined your rss feed and look ahead to looking for more of your fantastic post. Also, I've shared your website in my social networks
I don't think I've ever heard of paper sculptures/models...at least not like that moyorctcle. How in the world does one get tires like that out of paper?
سلام.خسته نباشید.من بعداز اینکه دانلود کردم می خواستم با نرم افزار win rar اکسترکت کنم که متاسفانه نمیشه لطفا کمک کنید .اخه خیلی به این نرم افزار نیاز دارم. error هایی که میده رو براتون گذاشتم.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part1.rar: Cannot create Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Crack\Instructions.txt Total path and file name ltgneh must not exceed 260 characters! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part1.rar: Cannot create Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Crack\oald8.exe Total path and file name ltgneh must not exceed 260 characters! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part1.rar: Cannot create Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Instructions\oald8.exe Total path and file name ltgneh must not exceed 260 characters! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part1.rar: Cannot create Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Instructions\readme2.txt Total path and file name ltgneh must not exceed 260 characters! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part1.rar: Cannot create Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\OALD8.iso Total path and file name ltgneh must not exceed 260 characters! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part4.rar: Cannot create folder Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Crack! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part4.rar: Cannot create folder Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010\Instructions! The system cannot find the path specified.! C:\Documents and Settings\Administrator\Desktop\oxford\Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com).part4.rar: Cannot create folder Oxford Advanced Learner’s Dictionary 8th Edition 2010 (www.Downloadha.com)\Oxford Advanced Learner’s Dictionary 8th Edition 2010! The filename or extension is too long.
I relish, cause I found exactly what I used to be looking for. You have ended my 4 day lengthy hunt! God Bless you man. Have a great day. Bye