A Cycling & bikes forum. CycleBanter.com

Go Back   Home » CycleBanter.com forum » rec.bicycles » Social Issues
Site Map Home Register Authors List Search Today's Posts Mark Forums Read Web Partners

"The male rider suffered a serious crash"



 
 
Thread Tools Display Modes
  #1  
Old April 3rd 12, 05:06 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Mike Vandeman[_4_]
external usenet poster
 
Posts: 1,755
Default "The male rider suffered a serious crash"

http://www.bbc.co.uk/news/uk-scotlan...tland-17583393

2 April 2012 Last updated at 04:36 ET

Innerleithen biker injured in forest crash

A mountain biker has been airlifted to hospital after a serious crash
on a forest trail in the Scottish Borders.

The incident happened on Sunday morning on one of the popular routes
at Innerleithen.

The male rider suffered a serious crash on a downhill section of the
trails and is reported to have several broken bones.

He remains in hospital after the accident and his condition has been
described as stable.
Ads
  #2  
Old April 4th 12, 02:40 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Len McGoogle
external usenet poster
 
Posts: 58
Default "The male rider suffered a serious crash"

On Apr 3, 12:06*am, Mike Vandeman wrote:
http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.
  #3  
Old April 4th 12, 04:27 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Mike Vandeman[_4_]
external usenet poster
 
Posts: 1,755
Default "The male rider suffered a serious crash"

On Apr 3, 6:40*pm, Len McGoogle wrote:
On Apr 3, 12:06*am, Mike Vandeman wrote:

http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.


Not really. One of the charges was dismissed & I was acquitted of the
other one. It's a good demonstration of what happens when mountain
bikers LIE, in order to punish someone who simply tells the TRUTH
about mountain biking.
  #4  
Old April 5th 12, 01:13 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Bob Berger[_2_]
external usenet poster
 
Posts: 182
Default "The male rider suffered a serious crash"

In article ,
Len McGoogle says...

On Apr 3, 12:06=A0am, Mike Vandeman wrote:
http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.


Just as an FYI, see:

http://peterfrickwright.com/2011/03/...que-defendant/

which contains in part:

“Mr. Vandeman is a very unique defendant.”

I mostly try to limit the action in these updates to the proceedings themselves.
I’m going to be turning this trial into a short graphic novel with artist Pyar
Anderson, and writing a more complete and carefully told version of this story
for BIKE Magazine. Not that I’ve been holding back important things learned
outside the courtroom, (I totally have, and they’re juicy. I’m sorry.) but I
needed to have some limits so I could offer something new in those stories.

But, on my way to the courthouse this morning, I witnessed something that gave
me a better understanding of the charges—and now the verdicts that the jury
reached this afternoon.

About halfway to the courthouse, I stopped to watch a fight developing at a bus
stop across the street. I didn’t see what started it, but it was between a
smallish guy in sweatpants and a guy in a long black trench coat. It was just a
bunch of yelling at first; it seemed they were going to go their separate ways.
But as they separated, some comment sparked more. They turned back at each other
and kept shouting, and Trench Coat pulled a weapon.

Or, he tried to. Trench Coat had to check three pockets before he found the one
with the knife, but once it was out I could see it glinting in the sun across
four lanes of traffic.

He held it down by his side, arm straight, maybe eight inches from his
body—exactly the same position that witnesses described Vandeman holding the
screwdriver.

It was not an imminent threat to the other guy’s life, but it sent a message.
Sweatpants could keep yelling, but he had to do it from 10 to 12 feet away.
Trench Coat didn’t have to say anything.

I got to the courtroom around 11:00 a.m., and the bailiff told me that the jury
had just finished a read-back of the handsaw incident testimony and was going to
work straight through lunch. It is likely thanks to this lunch-hour effort that
we know the verdicts today, since several delays once the jury was ready nearly
took proceedings to the end of open-court.

After lunch however, it became clear that the jury was deadlocked on one of the
counts. The handsaw.

A juror later told me that they’d come to unanimous decisions in all five of the
other counts in about two hours and that the rest of the deliberations were
devoted to discussing the question of intent in the most serious charge.

One of the elements of assault with a deadly weapon is whether or not the
accused meant to cause bodily harm with their action. Accidents aren’t criminal.
The burden of proof is on the prosecution and several members of the jury felt
that the DA had not shown intent beyond a reasonable doubt.

Others on the jury felt the intent was clear, however, and several hours of
deliberations only swung one vote. They were stuck.

They had reached decisions, however on five of the counts and when the jury
filed back into the room, none looked at Vandeman.

The jury passed the big manila envelope to the bailiff, the bailiff handed it to
the judge.

The judge opened it and reviewed the verdict for a long, silent moment, then
handed it to the clerk to read.

Assault with a deadly weapon was the first charge, and they had no verdict, so
Madame clerk started on count two.

For vandalizing Ian Richards’ bike ti not guilty.

Since the punctured tire could not be found, this count was Richards’ word
against Vandeman’s, leaving plenty of room for reasonable doubt. At this news,
Vandeman moved forward and back in his seat very rapidly.

For exhibiting a deadly weapon: guilty.

In my opinion, the evidence and testimony was weakest on this charge. At one
point Cook had argued for the charge to be thrown out since there was quite
nearly no evidence that Richards had felt threatened. But in closing arguments,
Cabanero made the point that showing a weapon during a conflict is a threat,
intended to send a message, like Trench Coat, above. Apparently, the argument
stuck.

For exhibiting a deadly weapon at Emanuel Alcala: guilty.

For battering Emanuel Alcala: not guilty.

The jury said that there was no evidence that Vandeman had touched Alcala, just
his bike.

For battering Justin Bruss: guilty.

On count one, the handsaw, after asking the jury a series of questions, the
judge declared a mistrial. The District Attorney’s office will have to choose
whether they want to pursue that charge with another jury trial in May.

Then came the question of whether or not Vandeman would be taken into custody
right away.

Cabanero requested a “remand” which means he go behind bars immediately, Cook
argued that Vandeman had no criminal record, no history of failing to appear and
that over the past year he had completely complied with the order to stay away
from the trail.

“I must concede that cases are few and far between when a defendant is found
guilty and remains out of custody,” the judge said. “Though I do think this is a
unique case and Mr. Vandeman is a very unique defendant.”

He said his major concern was that Vandeman would use the interim to access the
East-West fire trail. But he allowed Vandeman to stay free, since the jury had
not been able to reach a verdict in the most serious charge and to the court’s
knowledge he had not violated the “Stay Away” order, which there was some
concern at the arraignment he would.

So, Vandeman is guilty of some of the things he’s accused of, innocent of
others. The handsaw is still up in the air, but it will be for another jury to
decide. If there was criminal intent, the jury confirmed, it was just a flash of
malice, not a premeditated attack.

The deadly weapon charges come with a 30-day minimum sentence, so Vandeman will
serve somewhere between a month and a year in jail, to be determined at his
sentencing hearing.

My last glimpse of Vandeman was over my shoulder on my way out of the courtroom.
He had come to court on short notice and wore brown Dickies and a t-shirt, like
he’d been working out in the sun until he’d gotten the call to come in. He was
still at the defendant’s table, stoic, staring straight ahead as the room
emptied. I can only guess why he wasn’t more upset.

  #5  
Old April 5th 12, 03:50 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Mike Vandeman[_4_]
external usenet poster
 
Posts: 1,755
Default "The male rider suffered a serious crash"

On Apr 4, 5:13*pm, Bob Berger wrote:
In article ,
Len McGoogle says...



On Apr 3, 12:06=A0am, Mike Vandeman wrote:
http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.


Just as an FYI, see:

http://peterfrickwright.com/2011/03/...ry-unique-defe...

which contains in part:

“Mr. Vandeman is a very unique defendant.”

I mostly try to limit the action in these updates to the proceedings themselves.
I’m going to be turning this trial into a short graphic novel with artist Pyar
Anderson, and writing a more complete and carefully told version of this story
for BIKE Magazine. Not that I’ve been holding back important things learned
outside the courtroom, (I totally have, and they’re juicy. I’m sorry.) but I
needed to have some limits so I could offer something new in those stories.

But, on my way to the courthouse this morning, I witnessed something that gave
me a better understanding of the charges—and now the verdicts that the jury
reached this afternoon.

About halfway to the courthouse, I stopped to watch a fight developing at a bus
stop across the street. I didn’t see what started it, but it was between a
smallish guy in sweatpants and a guy in a long black trench coat. It was just a
bunch of yelling at first; it seemed they were going to go their separate ways.
But as they separated, some comment sparked more. They turned back at each other
and kept shouting, and Trench Coat pulled a weapon.

Or, he tried to. Trench Coat had to check three pockets before he found the one
with the knife, but once it was out I could see it glinting in the sun across
four lanes of traffic.

He held it down by his side, arm straight, maybe eight inches from his
body—exactly the same position that witnesses described Vandeman holding the
screwdriver.

It was not an imminent threat to the other guy’s life, but it sent a message.
Sweatpants could keep yelling, but he had to do it from 10 to 12 feet away.
Trench Coat didn’t have to say anything.

I got to the courtroom around 11:00 a.m., and the bailiff told me that the jury
had just finished a read-back of the handsaw incident testimony and was going to
work straight through lunch. It is likely thanks to this lunch-hour effort that
we know the verdicts today, since several delays once the jury was ready nearly
took proceedings to the end of open-court.

After lunch however, it became clear that the jury was deadlocked on one of the
counts. The handsaw.

A juror later told me that they’d come to unanimous decisions in all five of the
other counts in about two hours and that the rest of the deliberations were
devoted to discussing the question of intent in the most serious charge.

One of the elements of assault with a deadly weapon is whether or not the
accused meant to cause bodily harm with their action. Accidents aren’t criminal.
The burden of proof is on the prosecution and several members of the jury felt
that the DA had not shown intent beyond a reasonable doubt.

Others on the jury felt the intent was clear, however, and several hours of
deliberations only swung one vote. They were stuck.

They had reached decisions, however on five of the counts and when the jury
filed back into the room, none looked at Vandeman.

The jury passed the big manila envelope to the bailiff, the bailiff handed it to
the judge.

The judge opened it and reviewed the verdict for a long, silent moment, then
handed it to the clerk to read.

Assault with a deadly weapon was the first charge, and they had no verdict, so
Madame clerk started on count two.

For vandalizing Ian Richards’ bike ti not guilty.

Since the punctured tire could not be found, this count was Richards’ word
against Vandeman’s, leaving plenty of room for reasonable doubt. At this news,
Vandeman moved forward and back in his seat very rapidly.

For exhibiting a deadly weapon: guilty.

In my opinion, the evidence and testimony was weakest on this charge. At one
point Cook had argued for the charge to be thrown out since there was quite
nearly no evidence that Richards had felt threatened. But in closing arguments,
Cabanero made the point that showing a weapon during a conflict is a threat,
intended to send a message, like Trench Coat, above. Apparently, the argument
stuck.

For exhibiting a deadly weapon at Emanuel Alcala: guilty.

For battering Emanuel Alcala: not guilty.

The jury said that there was no evidence that Vandeman had touched Alcala, just
his bike.

For battering Justin Bruss: guilty.

On count one, the handsaw, after asking the jury a series of questions, the
judge declared a mistrial. The District Attorney’s office will have to choose
whether they want to pursue that charge with another jury trial in May.

Then came the question of whether or not Vandeman would be taken into custody
right away.

Cabanero requested a “remand” which means he go behind bars immediately, Cook
argued that Vandeman had no criminal record, no history of failing to appear and
that over the past year he had completely complied with the order to stay away
from the trail.

“I must concede that cases are few and far between when a defendant is found
guilty and remains out of custody,” the judge said. “Though I do think this is a
unique case and Mr. Vandeman is a very unique defendant.”

He said his major concern was that Vandeman would use the interim to access the
East-West fire trail. But he allowed Vandeman to stay free, since the jury had
not been able to reach a verdict in the most serious charge and to the court’s
knowledge he had not violated the “Stay Away” order, which there was some
concern at the arraignment he would.

So, Vandeman is guilty of some of the things he’s accused of,


BS. That is only the opinion of the jury, NONE OF WHOM, OF COURSE,
WERE PRESENT WHEN THE INCIDENTS HAPPENED! We know that juries convict
the innocent and free the guilty all the time. Sorry to disappoint
you.

innocent of
others. The handsaw is still up in the air, but it will be for another jury to
decide. If there was criminal intent, the jury confirmed, it was just a flash of
malice, not a premeditated attack.


It was neither, as you well know.

The deadly weapon charges come with a 30-day minimum sentence, so Vandeman will
serve somewhere between a month and a year in jail, to be determined at his
sentencing hearing.

My last glimpse of Vandeman was over my shoulder on my way out of the courtroom.
He had come to court on short notice and wore brown Dickies and a t-shirt, like
he’d been working out in the sun until he’d gotten the call to come in. He was
still at the defendant’s table, stoic, staring straight ahead as the room
emptied. I can only guess why he wasn’t more upset.


Because I was vindicated, of course. You stil haven't figured that
out?!
  #6  
Old April 5th 12, 03:59 PM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Shraga
external usenet poster
 
Posts: 73
Default "The male rider suffered a serious crash"

On Apr 4, 10:50*pm, Mike Vandeman wrote:
On Apr 4, 5:13*pm, Bob Berger wrote:



So, Vandeman is guilty of some of the things he’s accused of,


BS. That is only the opinion of the jury, NONE OF WHOM, OF COURSE,
WERE PRESENT WHEN THE INCIDENTS HAPPENED! We know that juries convict
the innocent and free the guilty all the time. Sorry to disappoint
you.


Wow. You don't have a clue how our legal system works do you?

Of course they weren't present, idiot. It was YOUR responsibility to
explain YOUR side of the story to YOUR lawyer, who, in turn, presented
your side to the jury.

The fact that your bigoted, biased drivel didn't play in your favor in
court is YOUR fault, and nobody else's. Quit trying to pawn
responsibility off on someone else, you pathetic child.




  #7  
Old April 6th 12, 03:36 AM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Mike Vandeman[_4_]
external usenet poster
 
Posts: 1,755
Default "The male rider suffered a serious crash"

On Apr 5, 7:59*am, Shraga wrote:
On Apr 4, 10:50*pm, Mike Vandeman wrote:

On Apr 4, 5:13*pm, Bob Berger wrote:
So, Vandeman is guilty of some of the things he’s accused of,


BS. That is only the opinion of the jury, NONE OF WHOM, OF COURSE,
WERE PRESENT WHEN THE INCIDENTS HAPPENED! We know that juries convict
the innocent and free the guilty all the time. Sorry to disappoint
you.


Wow. You don't have a clue how our legal system works do you?

Of course they weren't present, idiot. It was YOUR responsibility to
explain YOUR side of the story to YOUR lawyer, who, in turn, presented
your side to the jury.

The fact that your bigoted, biased drivel didn't play in your favor in
court is YOUR fault, and nobody else's. Quit trying to pawn
responsibility off on someone else, you pathetic child.


You weren't there either, so what you have to say is totally
irelevant, besides being libellous.
  #8  
Old April 7th 12, 04:24 PM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Len McGoogle
external usenet poster
 
Posts: 58
Default "The male rider suffered a serious crash"

On Apr 3, 11:27*pm, Mike Vandeman wrote:
On Apr 3, 6:40*pm, Len McGoogle wrote:

On Apr 3, 12:06*am, Mike Vandeman wrote:


http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.


Not really. One of the charges was dismissed & I was acquitted of the
other one. It's a good demonstration of what happens when mountain
bikers LIE, in order to punish someone who simply tells the TRUTH
about mountain biking.


For exhibiting a deadly weapon: guilty.

For exhibiting a deadly weapon at Emanuel Alcala: guilty.

For battering Justin Bruss: guilty.
  #9  
Old April 7th 12, 08:41 PM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Mike Vandeman[_4_]
external usenet poster
 
Posts: 1,755
Default "The male rider suffered a serious crash"

On Apr 7, 8:24*am, Len McGoogle wrote:
On Apr 3, 11:27*pm, Mike Vandeman wrote:

On Apr 3, 6:40*pm, Len McGoogle wrote:


On Apr 3, 12:06*am, Mike Vandeman wrote:


http://www.bbc.co.uk/news/uk-scotlan...tland-17583393


Michael J. Vandeman's life suffered a serious crash when he was
arrested and put in jail.


Not really. One of the charges was dismissed & I was acquitted of the
other one. It's a good demonstration of what happens when mountain
bikers LIE, in order to punish someone who simply tells the TRUTH
about mountain biking.


For exhibiting a deadly weapon: guilty.


Thanks for demonstrating your total ignorance! The mountain biker
admitted in court that I wasn't brandishing. Innocent.

For exhibiting a deadly weapon at Emanuel Alcala: guilty.


He simply lied. Innocent.

For battering Justin Bruss: guilty.


He also lied. He ran into ME, so HE is the one guilty of battery, as
well as violating the traffic laws. Innocent. The jury were pretty
stupid. And, of course, none of them were present during the
incidents, so they are just guessing.
  #10  
Old April 9th 12, 04:07 PM posted to alt.mountain-bike,rec.bicycles.soc,rec.backcountry,ca.environment,sci.environment
Shraga
external usenet poster
 
Posts: 73
Default "The male rider suffered a serious crash"

On Apr 5, 10:36*pm, Mike Vandeman wrote:
On Apr 5, 7:59*am, Shraga wrote:



On Apr 4, 10:50*pm, Mike Vandeman wrote:


On Apr 4, 5:13*pm, Bob Berger wrote:
So, Vandeman is guilty of some of the things he’s accused of,


BS. That is only the opinion of the jury, NONE OF WHOM, OF COURSE,
WERE PRESENT WHEN THE INCIDENTS HAPPENED! We know that juries convict
the innocent and free the guilty all the time. Sorry to disappoint
you.


Wow. You don't have a clue how our legal system works do you?


Of course they weren't present, idiot. It was YOUR responsibility to
explain YOUR side of the story to YOUR lawyer, who, in turn, presented
your side to the jury.


The fact that your bigoted, biased drivel didn't play in your favor in
court is YOUR fault, and nobody else's. Quit trying to pawn
responsibility off on someone else, you pathetic child.


You weren't there either, so what you have to say is totally
irelevant, besides being libellous.


Accusing the plaintiff of perjury is also a very serious charge. If
this is true, you have a right to claim for damages from malicious
prosecution. Have you reported this crime (i.e., perjury) to your
local police to begin this process? Have you filed a bar claim against
your lawyer?

If you haven't done this, then YOU are the one making libelous claims
about the plaintiffs.

It's funny how you proudly cite the court's decisions without comment
that favor your innocence, but you dismiss the guilty verdicts and
make excuses about them.

The FACT is that you were found GUILTY, in a court of law, of charges
brought against you. Your claims of so-called "innocence" are more of
your bull****. You are a known liar, and no sane person will take your
word over the court's.



 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
"MONTEREY CO.: EXPERIENCED MOUNTAIN BIKER KILLED IN CRASH DURING RACE" Mike Vandeman Mountain Biking 5 April 23rd 08 12:48 AM
"MONTEREY CO.: EXPERIENCED MOUNTAIN BIKER KILLED IN CRASH DURING RACE" Mike Vandeman Social Issues 4 April 23rd 08 12:48 AM
Wow, "Tandem and Recumbent Rider" More Interesting Reading than "RCN!" NYC XYZ General 5 March 28th 06 07:25 AM
Wow, "Tandem and Recumbent Rider" More Interesting Reading than "RCN!" NYC XYZ Recumbent Biking 2 March 23rd 06 03:54 AM


All times are GMT +1. The time now is 07:44 AM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
Copyright ©2004-2022 CycleBanter.com.
The comments are property of their posters.