Tuesday, July 14, 2009

Shannon Campaign Goes on the Offensive

It looks like Mike Henry's influence is already being felt, and that is a very good thing. Go git'm Steve!
Delegate Steve Shannon, the Democratic nominee for Virginia Attorney General, sent a letter to his opponent, State Senator Ken Cuccinelli today, asking him not to wait for the upcoming debates to explain why he has voted against tougher drunk driving standards over the past five years:
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Ken,

Thank you for your letter. I’m looking forward to our staffs working together to hammer out a debate schedule and different debate formats that will give the citizens of Virginia an opportunity to compare my record as a criminal prosecutor and crime fighter to your legislative record since 2002.

I’ve instructed my staff to review the current invitations that we have received and we are looking into the debate schedules that campaigns for Attorney General have agreed to in the past. Those debate schedules appeared to give the electorate ample opportunities to learn about the candidates' records.

However, I don’t want to wait until our next debate to ask you to explain why you used such questionable judgment over the last five years in voting against cracking down on drunk drivers. It would also be good for you to tell people in this state why in the 2007 session you chose not to support my bill, HB 3086, which would have fixed Virginia’s law so we wouldn’t face the situation with drunk driving cases arising out of the Melendez-Diaz decision.

When I introduced the bill with one Republican and one Democratic member of our Fairfax County delegation, it would have been helpful for a Republican Senator on the Courts of Justice of Committee like you, to stand up and help us secure passage.

As a former criminal prosecutor, I have seen first hand the damage drunk drivers can inflict on innocent people and their families. I can only think that if you’d had that experience, you might not have taken the positions you did on this issue over the span of five years. Regardless of our eventual debate schedule, it’s important that we not ignore your previous positions against tougher drunk driving penalties.

I look forward to your answers on these important public safety questions.


Sincerely,

Steve Shannon

10 comments:

DanielK said...

This is where the Virginia experience of Mike Henry is clearly going to take over this race. I think we are going to see a substantially more aggressive campaign from the Shannon camp. I have no doubt that Cooch's people are going through every case in the Fairfax courthouse right now looking for something to use against him.....but all I have to say it good luck and I'll leave it at that.

This was the first example of Ken Cuccinelli going on the offensive and to his credit he got ahead of Steve on the issue but I seriously doubt that'll happen again. I expect to see Mike Henry and his team being very successful in painting Cooch for the true, right-wing radical that he is!

titianblonde said...

this is excellent. with his experience in, and support from, law enforcement, this really should be a no-brainer vote. the public just needs to hear more about how strong steve's credentials are in this respect.

now if only Mike would get someone with some actual design cred to drastically improve steve's website and blog ads! because right now, they're really ridiculously substandard.

Jason Kenney said...

HB 3086 died in a House sub-committee. Kinda hard to lay the blame for that at Cuccinelli's feet.

DanielK said...

Jason, read carefully....He is not laying the blame on the death of the bill on Cooch's feet. Rather, he is simply asking why he didn't want to co-patron it in the Senate. When my local has gone to Senators or Delegates with a bill we typically try to find supporters in both Houses, unfortunetaly there aren't that many friends of deputy sheriff's out there. But the point is that Cooch could have done something on the Senate side and he didn't.

And good point about the webpage, although Cooch's page looks nice but really lacks a lot of up-to-date substance....I'm sure in another week or so Mike is going to have everyone he wants in place to do what he needs to get done. If brings in whoever did Terry's page then that wouldn't hurt too.

Salem Republicans said...

Good thoughts from a lawyer who actually understands how these things work.

http://www.thejadedjd.com/2009/07/today-in-judicial-nominations.html

Salem Republicans said...

Sorry, bad link. Here are the Jaded JD's thoughts.

http://www.thejadedjd.com/2009/07/steve-shannon-strikes-out-on-melendezdiaz.html

My said...

And just WHY would a lab tech come in to court to testify? A breath test does not go to a lab, and is generally administered by a cop. If Shannon wants to prove he is on top of things, he will first have to wait until we all stop laughing at him about THIS blunder. I think this just made Cuccinelli's case of why Democrats should vote for him. Their candidate is out of his league. And to call his , what 2 weeks as a prosecutor, relevant is a hoot. There are interns with more experience in prosecution than this guy.

DanielK said...

My, in fact I'll have to stop laughing at your absolutely stupid comment. Please stop commenting on issues you have no knowledge about. Your previous comments demonstrated you are not very bright and this just reiterated it.

Do you seriously not know why a lab tech would come to court to testify in a case? Seriously?

My said...

Sorry, DanialK. It is you who has shown his ignorance on this issue. Footnote 1 on page 7 of the SCOTUS decision clearly exempts breath tests. http://www.supremecourtus.gov/opinions/08pdf/07-591.pdf and you can also check out other experts opinions (who are attorney's). http://varight.com/?p=816#more-816 and http://www.thejadedjd.com/ in case you want a second and third opinion. And just in case you missed the Shannon bill that died http://leg1.state.va.us/cgi-bin/legp504.exe?ses=071&typ=bil&val=HB3086 take a look. It ONLY deals with breathalyzer tests.

Do you know who gives breath tests? The COP who arrested you. And he or she WILL be in court anyway. Clearly, no lab tech is involved and the Melendez-Diaz decision does not apply.

And according to the WaPo, 5 people in Northern VA have been released and charges dropped because Shannon and Kaine want to score political points. Read about it here http://www.washingtonpost.com/wp-dyn/content/article/2009/07/14/AR2009071403565.html?wprss%3Drss_nation

I am totally up to speed on this entire fiasco as you can see. I have talked to Cuccinelli and several prosecutors and attorneys. Shannon is not being truthful in claiming his FAILED bill would have fixed this problem. It would have actually granted the drunk driver more ways to escape prosecution.

Before you accuse someone of not knowing the facts, you better know them yourself. Because, you sir, have shown your complete inability to comprehend anything beyond partisan politics on this issue. We are watching the people that have been released under this ruling and believe me, the first one to be caught, or kill somebody will be THE issue of this campaign. Shannon will completely eliminate himself from winning on this issue. Watch, my partisan, ignorant friend.

DanielK said...

Congratulations, you did it! Even more stupid than I thought. I find it odd how you are the only one who realized this....Seriously, because every judge in Northern Virginia must have missed that, to include the CA's because we are still required to have the breath techs appear in court. Also, we are beginning to see subpoenas appear to have the calibrators appear in court from Richmond as well. If you read the Jaded JD's page a litle closer you would have noticed that when he discussed calibrator and how calibration certificates alone aren't enough anymore.

The cop does the test huh? Well, again depending on the jurisdiction that is. Where I work, we have breath techs and they are required to appear because defense lawyers question them repeatedly when their cases go to trial. Also, if 5 DWI cases have been dropped, how does that involve the Melendez-Diaz decision like you said? According to you, the Melendez-Diaz decision doesn't apply to breath techs but the cases are still being dropped because of the decision. How does that work?

See, unlike you I have much more experience with this....Know why? Because I deal with it and see it in action. If anything, the Melendez-Diaz decision requires breath techs and calibrators to appear in court and be subject to cross examination. The one attorney who's blog said that they don't believe that that footnote exempts them is obviously at odds with the JD's interpretation because he says they are required to appear. It doesn't matter how an attorney believes it to be interpreted it is the judge listening to the case, plain and simple. A special session will do nothing, plain and simple. A waiver system does not prevent those techs and analysts from appearing it court, it simply provides notice to the court. The only simple way around it is to hire more breath techs, or have more officers run their own tests. (Also, I am not certified to run my own tests, so guess who runs them for me? That's right a County breath tech assigned to that section)

Again, I clearly showed why you are wrong. It's not partisan it is just the facts. I can't really give you credit for trying because your evidence is in conflict with one another, you just didn't read everything as close as you should. So again, go reread everything and try again. Like I said, I am pretty knowledgeable on the issue as you can tell so if you need more education just let me know! I'm always around!

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