[Trial actually, finally begins: oft-delayed-foshee-trial-to-begin ]
Then the trial set for 9/28/2010 was missed: “Defense counsel orally moves to continue the Trial. Defense counsel’s expert witness will not be available to testify at the Evidentiary Hearing…”.
Then there’s a whole bunch more motions and case minutes.
The case minute dated 5/16/2011 which re-sets the pre-trial conference to 5/18/2011, at which time i suppose the trial date will get set (again). “Due to the unavailability of Defense witness”. Trial was then set for August 15, 2011 (! exactly 2 years after the incident).
Oops, another delay (for seemingly unspecified reasons by the state; the defense did not object), make that trial date of 10/4/2011.
Oops Oops again another delay (again, for seemingly unspecified reasons by the state; the defense did not object): new trial date 11/28/2011.
Oops, oops, another delay, another new trial date “The Court finds that delay is indispensable to the interests of justice… A defense expert is not available. IT IS ORDERED granting the Motion to Continue … resetting the trial to January 23, 2012“.
Some background information and media reports about the incident which occurred 8/15/2009: Queen Creek hit-and-run; driver arrested
The Foshee trial is the only criminal case remaining involving a cyclist fatality for the 2009 calendar year. You can track court proceedings at publicaccess.
Here’s the latest bit of upcoming wrangling: Evidentiary Hearing re: State’s Motion in Limine to
Preclude Any Mention of Victim’s Blood and Oral Argument re: State’s Motion in Limine
to Preclude Defense Witness for April 13, 2011 at 9:30 a.m
The prosecution has dropped the DUI charge (back in March), so I’m not sure what’s what with that — that leaves the manslaughter and 2x endangerment charges going forward.
Another Delay, and two blows against the defense
There was some sort of hearing April 18 with a bunch of substantive rulings. Defense counsel’s Motion to Continue Trial due to the unavailability of a witness was granted, trial now to start May 16, 2011. And in two blows against the defense, the Defendant’s prior DUI conviction will be admissible, and the Victim’s tox results will be excluded.
IT IS ORDERED granting the Motion and the Defendant’s prior DUI conviction is admissible
IT IS ORDERED granting the State’s Motion and excluding the Victim’s Toxicology Results.
And the defense loses AGAIN on 6/17 minute entry:
IT IS ORDERED denying Defendant’s Motion of Reconsideration. The transcript provided of Dr. Lyons does not establish impairment of the victim; only that he could have been impaired
…
here are some blog posts about the “ghost bike” memorial:
SO WHY ARE YOU REPORTING ON THIS MATTER?
SO GARY FOSHEE ISNT BEING CHARGED WITH A DUI… WHAT ELSE IS THERE TO TALK ABOUT????
ARE YOU GOING TO GIVE THIS MAN THE SAME PUBLICITY WHEN HE IS CLEARED OF THESE CHARGES… I DOUBT IT BECAUSE YOU JUST REPORT THE NEGATIVE. GET A LIFE!!!
“ARE YOU GOING TO GIVE THIS MAN THE SAME PUBLICITY…”
I don’t see why not. check back here for results when they become available; though the media often does not cover trials, so all we may have to go on is the public access case lookup results.
If you have any factual information, please feel free to bring it forward.
Why not go to the trial yourself , if the only information you can post is public acccess through the public records. had u done this already – you could save yourself a public appology . how about looking up the other partys criminal records – warrants issued . the dates they where in effect. educate your self before you form an organization. i understand it is against bicyle law to be under an influence, etc. this is your organization, why dont u have better access to all the facts, and why only post half ,
d=amation of character is a big issue and if persude by others can be very hard to hide behind no matter how great an organization believes in themselves . if this is your mission in life just be thorough in the facts. this is a serious issue , more so to others think before you write about this matter. make sure it is fact . gossip is gossip if you are not trying help. if you are trying to help it then becomes constructive. construction built on sand will sink, so make sure there is some concrete in it !!!!!!!!!!
I am trying to figure outt what does the victims past have anything to do with the fact that he was run down by a drunk driver? The driver should have never been behind the wheel! I understand wanting to defend the driver if you are a friend or family member but I do not understand trying to defame a person that can’t defend himself because he is dead.
u dont understand robert because u didnt read the article thoroughly/ there is no d. u . i charge . and what are several grown men in there late twenties and late 30 s doing riding bikes at 2 30 in the morning with black clothes on and the list goes on . but its to early to explain . the media , well all i can say is the media ran with bad info from the beginning and its not family and friends defending this man its a community tired of the media wanting to report something at any cost/u dont have any facts and are repeeting bad media information
i agee with you miss s. f the circumstaces dont fit your typical bicylist, it is odd for grown men to be on bikes at 230 am down a few mile stretch with no lighting, if all your friends only ride bikes and cant sleep or if they cant wait till morning the odds are ////?????um huh
this blog should be focusing there efforts on the addiction, and a group that can bring possitive input to helping addictions / pain prisription drugs,speed, pot, alcohol etc, this not about a bicyclist traing for a race, or a exercise enthousits/ this a opportunity for a new group to form . two victims several addictions
WE IS THIS A SITUATION FOR AZBIKELAW? I REMEMBER THIS EVENT. NOTHING WAS SAID ABOUT THE TIME OF ACCIDENT OR THAT THE CLOTHING WAS NOT OF A JOGGER PER SAY, WHAT WHERE GROWN MEN DOING ON BIKES AT 230 IN THE MORNING ON A COUNTRY ROAD , NO LIGHTS, I HAVE SEEN MEN RIDING BIKES UNDER SIMILAR SURROUNDINGS, BUT THEY WHERE JOB LESS, HOME LESS, HUNG OUT A CIRCLE K S, AND FOR THE MOST PART WERE NOT UP TO GOOD, TALK ABOUT THE WRONG PLACE AT THE WRONG TIME, THE DRIVER OF THE VEHICLE PROBLY WISHES HE NEVER WENT DOWN THAT ROAD. WHY IS IT JUSTIFIABLE TO DANGER OTHERS BY RIDING YOUR BIKE UNDER THESE CIRCUMSTANCES BIKE BLOG ?
They went to Wal-Mart which is open 24 hours. My Son was supposed to go with them however he didn’t because he had worked that day and was tired. My Son could have been one of those guys. He could have been killed that night.
So what if the DUI charge has been dropped. The driver killed that kid. I call him a kid because I am 20 years older than him.
The driver as far as I am concerned is an alcholic, you don’t do this twice. Unless you are one.
So what everyone is saying is that it is ok to be drunk and run people down on the wrong side of the road as long as its dark out and the people that they hit have no money and the wrong clothes on?You people are truly twisted and sick!
I am going to close down comments — if anyone has any actual information please contact me.
The same person has been posing as several people; and then even go on to agree (with themselves)!
This person, or possibly two people, also appears to be actively spreading false or made up information — according to the EV Tribune news story, the victim “had a working headlight on his bike”. The color of clothing was not noted publicly, and is in any case irrelevant. The tales about the victim and his companions being some sort of crazed band of vagrant drug addicts?
I may have deleted a comment from this old thread — please visit/comment here:
http://azbikelaw.org/oft-delayed-foshee-trial-to-begin/#comments