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Texas honor student thrown in jail for missing school: 11th-grader working two jobs...
NEW YORK DAILY NEWS ^ | May 26, 2012

Posted on 05/28/2012 6:05:44 PM PDT by AndyJackson

A 17-year-old high school student working two jobs to support her siblings, while juggling college-level classes, spent 24 hours in jail this week for missing too much school, KHOU 11 News reported.

Diane Tran, an 11th-grader at Willis High School in Willis, Texas said she was often too exhausted to get to school in time.

Judge Lanny Moriarty said he warned the student last month not to miss any more classes or she would be violating truancy law, KHOU 11 News reported. When she missed school again, he had her thrown in jail.

"If you let one run loose, what are you gonna do with the rest of 'em? Let them go too?" Judge Moriarty asked the TV station.

Tran said her parents divorced unexpectedly and left town, leaving it up to her to support her younger sister, who lives with relatives, and her brother's university education, KHOU 11 News reported.

Tran works full-time at a dry cleaner and weekends at Waverly Manor wedding venue, where she lives with the family that owns the business.

At school she takes several advanced placement and college-level courses, often staying up all night, a classmate, coworker and friend of Tran's told the TV station.

Judge Moriarty admitted he was using Tran as an example. Willis High School has a warning about truancy violation on its website .

According to Texas truancy law students can have no more than 10 unexcused absences - full days or part days - within six months, and no more than three absences within one month.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Texas
KEYWORDS: honorstudent; houston; learning; schools; teaching; texasstudent; truancy; zerotolerance
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To: glyptol
Follow the money.

Yep, that's the real reason for truancy laws.

Usually the revenuers don't have to contend with an excelling student who simply doesn't come to class.

Once the public figures out that it's the Money for Just Us, the judge's reason becomes obvious.

51 posted on 05/28/2012 8:22:46 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: AndyJackson

My tag line. Being proved to be true every day and I take no pride in saying it.


52 posted on 05/28/2012 9:08:54 PM PDT by packrat35 (Admit it! We are almost ready to be called a police state!)
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To: TexConfederate1861

Even a personal friend can make a jackass of himself.


53 posted on 05/28/2012 9:48:01 PM PDT by Louis Foxwell (The day liberals grow up is the day tyranny ends.)
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To: AndyJackson

Is this for real? This judge needs to be removed from the bench. The kid needs HELP, not punishment.


54 posted on 05/28/2012 9:50:59 PM PDT by Clock King (Ellisworth Toohey was right: My head's gonna explode.)
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Bookmarking for follow up.


55 posted on 05/28/2012 10:13:43 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: TexConfederate1861

Bookmarking for follow-up.

If she is keeping her grades up and maintaining honor roll status under this grueling schedule then making an “example” of her was stupid on steroids.

Perhaps you could suggest to your friend that he pull his head out of his ass.


56 posted on 05/28/2012 10:48:49 PM PDT by Valpal1
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To: AndyJackson

This judge is obviously is suffering from rabies...


57 posted on 05/29/2012 3:01:58 AM PDT by varmintman
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To: TexConfederate1861

Well the adage that “Who are you going to believe? Your eyes and ears or the media?” (to paraphrase someone) . If true my statement stands, if not the judge probably has grounds for a lawsuit. The “Nations Media” has long since proven that they have their own agenda and honesty and accuracy are not in their business plan.


58 posted on 05/29/2012 6:15:17 AM PDT by mongo141 (Revolution ver 2.0, just a matter of when, not a matter of if!)
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To: Louis Foxwell

That is true, but something tells me that there is more to this story. Also, something to consider in this case, is that the law sometimes doesn’t give a judge an option to be lenient. I just don’t believe ANYTHING Channel 11 Houston, (Communist Broadcasting Company) puts out!


59 posted on 05/29/2012 8:15:35 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: Valpal1

Perhaps he has no choice under the law. This school district has had a serious problem with truancy, and I am not sure he had many options.

As for the comment, I suggest YOU tell him. But be careful, he is about 6ft 3 and PACKS! (as do a lot of TEXAS judges)


60 posted on 05/29/2012 8:18:55 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: berdie

I have a call into him now. I haven’t spoken to him in more than a year, and I live in Nebraska, but will post as soon as i get a response from him!


61 posted on 05/29/2012 8:22:49 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861

The guy better hope there’s a whole lot more to this story than is being reported, or he could end up flipping hamburgers next to Mike Nifong at the golden arches.


62 posted on 05/29/2012 11:19:02 AM PDT by varmintman
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To: AndyJackson

She’s young enough for “truancy” laws to apply to her, but old enough to be charged as an adult??

Whenever a public official says they are going to “make an example” out of an individual, they are going to violate common sense and/or basic rights in favor of political posturing. No official that does this should be left in power.

Oh, they almost never “make an example” out of a member of a group with a strong sense of identity politics.


63 posted on 05/29/2012 12:19:45 PM PDT by E Rocc (November 2, 2010: The beginning of the end of the kleptocracy.)
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To: TexConfederate1861

I know a lot of people who know Jimmy Dimora, and think he is a great guy. He’s still out of power (and in jail).


64 posted on 05/29/2012 12:26:10 PM PDT by E Rocc (November 2, 2010: The beginning of the end of the kleptocracy.)
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To: TexConfederate1861
Perhaps he has no choice under the law. This school district has had a serious problem with truancy, and I am not sure he had many options.

There should be no such law for a 17 year old. Perhaps the Truancy laws are seriously out of hand as well. I have seen otherwise sensible judges go way overboard in my own area when it comes to such laws. IOW Common Sense takes a vacation. BUT the school could have done her a bigger favor by simply having her Co-op. Meaning work during school hours. I worked a 40 hour week my senior year and no school time.

65 posted on 05/29/2012 2:47:47 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: TexConfederate1861
Any news from your good buddy?

While we're waiting,you might want to help him out. He's getting TROUNCED on a FoxNews online poll...

________________________________________________________

Do you agree with Texas judge's decision to jail truant honors student

Not sure. 10.01% (3,193 votes)

Yes. 4.72% (1,505 votes)

No. 85.27% (27,202 votes)

http://www.foxnews.com/opinion/2012/05/29/do-agree-with-texas-judge-decision-to-jail-truant-honor-student/

66 posted on 05/29/2012 5:12:41 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Ken H
Update...

____________________________________________________________

Not sure. 9.97% (3,435 votes)

Yes. 4.79% (1,650 votes)

No. 85.24% (29,355 votes)

_____________________________________________________________

The momentum is shifting! He's gone from 4.72% support to 4.79%!

67 posted on 05/29/2012 5:36:20 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Ken H

What matters is what the voters of Montgomery County Pct. 1 think. Not You, Not me, Not Fox.


68 posted on 05/29/2012 6:00:26 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861

So when are we going to hear from him? I’m dying to hear the ‘real’ story.


69 posted on 05/29/2012 6:08:03 PM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: AndyJackson

This judge is a successful attorney, Proud Texan, and good Christian man, as well as a staunch Conservative. Have you ever thought that a true Conservative enforces the law AS WRITTEN. Only liberals make up their own law.

State law (Texas Education Code Section 25.085; PDF) provides that if a student is absent from school without parental consent for any portion of the school day for three days in a four-week period or for ten or more days in a six-month period, the student and the student’s parent or legal guardian are subject to prosecution by the Montgomery County Justice of the Peace Courts or Municipal Courts. The student may also be referred to a juvenile court.


70 posted on 05/29/2012 6:09:12 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: Ken H

Me too. I called and left a message with his Constable......


71 posted on 05/29/2012 6:11:06 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: AndyJackson

Is she over 16?? I thought that after 16 they couldn’t force kids to go to school.


72 posted on 05/29/2012 6:13:12 PM PDT by KosmicKitty (WARNING: Hormonally crazed woman ahead!!)
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To: cva66snipe

I am not sure what the law allows. All I can attest to is HIS character. Which is impeccable.


73 posted on 05/29/2012 6:15:03 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861

What further information could change this story? Two jobs, a honors student with excellent grades, parents that are out of the picture and who is thrown in jail for the night. Sorry, your friend is a JACKASS! Does anyone know where I can donate or offer help to this young woman. She is stronger and tougher then most adults I know.


74 posted on 05/29/2012 6:46:39 PM PDT by BLOC77 (bloc07)
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To: TexConfederate1861

Thanks!!


75 posted on 05/29/2012 6:55:05 PM PDT by berdie
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To: TexConfederate1861

There are no parents or legal guardians. The girl is on her own. This law was written under the assumption that the said student has a parent or guardian in charge. As this was not the case, doesn’t it follow that said law was not applicable in this case. Your twisting yourself into a pretzel trying to defend your friend. I wonder how many attorneys have contacted this student offering their services?


76 posted on 05/29/2012 6:59:27 PM PDT by BLOC77 (bloc07)
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To: TexConfederate1861
So was a judge I observed except in dealing with Truancy. Giving a 17 year old a criminal record for Truancy due to taking care of family is an outrage. It used to be an expected standard in our society for family to care for family even if it meant education suffered.

When our legal system punishes ones like this while reward ones like Party Time or Abandoning Children's Parents with mercy and help something bad, bad, is wrong in our justice system. I've seen it lots of times waiting outside court in the hallways.

Parents or grandparents raising grand kids & struggling with serious problems or ones trying to care for kids that parents don't want & really struggling and trying will get made examples of by egotistical judges. Parents who don't care about their kids in today's system will get rewarded by the system by same judges.

I observed two judges BTW over a two year time frame. In one of them Outlaw Parents meaning ones abusing, or neglected etc ruled. Woe unto anyone who spoke against such a wonderful parent in court. They got made an example of. Believe me I have had the contempt charge experience to know as much.

The other judge was rough on truancy to an extreme but not hard enough on abusers. If the judge did crack down on neglect or abuse Judge Bleeding Heart Liberal upstairs found a way to help poor Party or Abuser Parents especially the mother to get the kids back without even remorse. That judge made every excuse in the world to let even hard core abusers off.

Truancy laws past age 16 exist for one sole purpose. To fund the education system by compulsory attendance. The issues at that point isn't right or wrong or about a 17 year olds struggle. It's about federal and state funding too school districts. Sad but true that is all it is. You show up for school and sit there you'll get a D and pass. State and local district gets federal funds and all civil servants and tenured are happy. This kid had good grades and that proves my point in itself. It's not about education it's about money.

Has anyone stepped forward yet and said her situation is false? Watch what happens next. The siblings will likely get placed into the state custody system as the girl by state standards can not be the parent. This girl gets a criminal record. Watch as parents eventually come back and get the kids and get off Scott free {except a few required classes on parenting} maybe even public assistance to help with the kids.

77 posted on 05/29/2012 7:19:23 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: TexConfederate1861
All I can attest to is HIS character.

Character is a sort of a limited asset when you've got **** for brains...

78 posted on 05/29/2012 7:24:54 PM PDT by varmintman
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To: TexConfederate1861

You need a much higher class of acquaintances.


79 posted on 05/29/2012 7:39:02 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: varmintman

In your opinion. Unless you are a Texan, and from Montgomery County, that opinion doesn’t mean jackshiiite!


80 posted on 05/29/2012 7:41:52 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: AndyJackson; Talisker

“it’s a very bad idea to kick motivated people in the face and rob them of their dignity.” Henry Bowman.


81 posted on 05/29/2012 7:43:40 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: BLOC77

The law is what counts here. If he was upholding it, then that is what matters.


82 posted on 05/29/2012 7:46:01 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: cva66snipe

My whole point is that as conservatives, we do not believe in giving judges leeway of making law, only following it, unless SPECIFIC guidelines are given UNDER the law. If not, we are no better than the liberal scum we detest!

It is really easy to join the mob hating Judge Moriarty. But until I am convinced that he violated the law he has sworn to uphold, I will not convict him.

Fire away.....


83 posted on 05/29/2012 7:51:09 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: E Rocc
Whenever a public official says they are going to “make an example” out of an individual, they are going to violate common sense and/or basic rights in favor of political posturing. No official that does this should be left in power.

The entire concept of "making an example" out of one person flies in the face of "equal protection under the law".

Any time the law is applied more harshly against one individual without just cause to do so, and out of mere caprice, a person shows they are not worthy of the power they wield.

84 posted on 05/29/2012 8:12:58 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: TexConfederate1861
...the student and the student’s parent or legal guardian are subject to prosecution by the Montgomery County Justice of the Peace Courts or Municipal Courts.

There is also such a thing as 'prosecutorial discretion'. I'm not seeing that here, either.

Maybe there is more to this story. If there is, I'd like to know.

As for truancy laws, in my cynical opinion, they only exist to keep the 'body count' up in the schools so the funding keeps rolling in.

85 posted on 05/29/2012 8:26:55 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: TexConfederate1861
My whole point is that as conservatives, we do not believe in giving judges leeway of making law, only following it, unless SPECIFIC guidelines are given UNDER the law. If not, we are no better than the liberal scum we detest!

If we were discussing felonies yes you would not find argument on that point likely on this board. What we are talking about here though can usually in most states be handled by persons with some common sense in the school district. In other words Co-op in lieu of classes or does the state prohibit Co-OP programs as well? It should have never hit the court room to start with. The whole purpose for school is education. This girl had better than average grades. Someone with half a brain could have handled this. I know because been there done that with my school system when I took custody of a child who had missed maximum of unexcused days due to the parents actions. It never got to court even though the child missed considerably more in my care due to a lot of appointments the child needed.

This was what? A county court? From what I can read on a short search of Texas Compulsory attendance law it is THE PARENTS who face legal responsibility and any prosecution. By what authority is she being prosecuted? Judge wants someone to make an example of it should have been the parents and not her. BTW what was this doing in a court that gives her an adult criminal record? She didn't shoplift, rob a store or steal a car. She was working, even while she was working making Honor Grades, and caring for her siblings. No good deed goes unpunished especially under Authoritarian State mandates.

86 posted on 05/29/2012 9:20:36 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: TexConfederate1861
Have you ever thought that a true Conservative enforces the law AS WRITTEN.

You are not a conservative because one thing for sure is that conservatives value wisdom and judgment. Your friend has none, nor, it appears, do you. Since when did we criminalize truancy, which used to be a civil matter, I thought. Having criminalized it, however, one element of a crime is criminal intent - did I set out to commit this crime to enjoy the fruits of my criminal behavior. Sounds like this hardworking responsible young lady, whom you appear to dispise so much, was not enjoying the fruits of much of anything.

You are actually a heartless so and so, just the kind of person who gives conservatives a bad name.

87 posted on 05/30/2012 3:47:18 AM PDT by AndyJackson
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To: KosmicKitty

THat’s the age it sued to be in Texas. Maybe it’s changed.


88 posted on 05/30/2012 5:31:03 AM PDT by gopheraj
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To: gopheraj; KosmicKitty

Apparently it has changed.

Compulsory Attendance
In Texas, children who are 6, or who are younger than 6, but have previously been enrolled in 1st grade, and not yet 18, are required to attend school, unless exempted by law. School employees investigate and report violations of the state compulsory attendance laws. Education Code Sections 25.085 and 25.087 require a person who is 18 or older, and is enrolled in public school, to attend school each day. If a person who is 18 or older and is enrolled in public school has more than five consecutive unexcused absences in one semester, the school district may revoke the person’s enrollment for the remainder of the year. Any student that has been absent for 20 consecutive unexcused school days may be withdrawn from school.

http://www.mckinneyisd.net/parents/attendance/?Id=7


89 posted on 05/30/2012 5:34:18 AM PDT by gopheraj
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To: gopheraj

Thank you for the information. Back in the dark ages, the 1970’s, when I was in High School, after 16 you were free to leave.

Does Texas enforce this for gangbangers and babymammas too?


90 posted on 05/30/2012 5:55:32 AM PDT by KosmicKitty (WARNING: Hormonally crazed woman ahead!!)
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To: AndyJackson

“...student working two jobs “

I think I see the problem here....working two jobs deprives another of a job elevating the unemployment rate.....and just also might lead to independence from the liberals running the welfare state...so that’s also a crime against the nation.../s


91 posted on 05/30/2012 6:01:44 AM PDT by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: mo

There’s a fundraising effort going on for her. Hope she has someone in the community who she can trust to help her use the money wisely for the future of herself and her siblings.

Group raises more than $70G for Texas honor student jailed for truancy
Published May 30, 2012
FoxNews.com

Read more: http://www.foxnews.com/us/2012/05/30/group-raises-more-than-70g-for-texas-honor-student-jailed-for-truancy/?test=latestnews#ixzz1wMm7NP4W


92 posted on 05/30/2012 8:37:41 AM PDT by littleharbour
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To: Lurker

I’ve made a few “paging Henry Bowman” comments around here lol.


93 posted on 05/30/2012 9:12:54 AM PDT by E Rocc (November 2, 2010: The beginning of the end of the kleptocracy.)
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To: AndyJackson

I am a conservative and I am not heartless, but the State Legislature of Texas is who you have a problem with. I wouldn’t believe anything the media said.
The judge does not break the law. So why dont you take a step back and calm yourself down before you start throwing out insults. In this upcoming election ALL of us need to be united to get rid of Obama. Calm your happy butt down.


94 posted on 05/30/2012 10:26:53 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861

Real conservatives are not amiss to a bit of common sense when the law is misapplied. They’re not legalistic robots.


95 posted on 05/30/2012 10:28:01 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: Smokin' Joe

That is correct. The prosecutor brought up the charges. Lanny is a dang smart fellow, and there had to be a reason he gave her jail time.


96 posted on 05/30/2012 10:29:45 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: cva66snipe

I agree with what you say, but the Municipal Court had the authority to prosecute. If the prosecution brings it before the judge, then it is his responsibility to uphold the letter of the law. I am trying to get in touch with Lanny, but it isn’t easy when a witch hunt is going on!


97 posted on 05/30/2012 10:33:28 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: TexConfederate1861
I know Lanny Moriarty PERSONALLY, and he is not a jackass!

Then do tell, FRiend.

98 posted on 05/30/2012 11:14:37 AM PDT by j_tull (Massachusetts once lead the American Revolution. Under Mitt Romney, it lead the demise.)
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To: j_tull

I have left calls for him and Constable Pct 1, waiting for a response. Spk to Gene DeForest, Constable Pct 3, sys Lanny deals with kids everyday that are habitual liars when it comes to truancy, and that he obviously did NOT believe her story.

Anyway, as i said earlier, the press cannot be trusted!


99 posted on 05/30/2012 1:50:18 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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To: j_tull

I have left calls for him and Constable Pct 1, waiting for a response. Spk to Gene DeForest, Constable Pct 3, sys Lanny deals with kids everyday that are habitual liars when it comes to truancy, and that he obviously did NOT believe her story.

Anyway, as i said earlier, the press cannot be trusted!


100 posted on 05/30/2012 1:50:46 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.)
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