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Roanoke Times, 3-8-12, Pg 1: Testimony grows testy
3-9-12, Pg 1: VT police chief stands by warning decision
VT spokesman testified that his memories of Apr 16 are hazy or simply missing.
Retired Va State Police Superintendent Massengill was the states chief investigator
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The State and VT made major efforts to avoid this current civil trial exposure. Massengill’s State investigation concluded that VT authorities acted properly. Multiple millions of dollars were held out to the families as inducement to “settle” without suing, thereby keeping unpleasant background details from public scrutiny.
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This trial represents a major turn-around in legal positions! Usually it’s the state prosecutors who are forcing citizens to explain why they didn’t foresee the adverse consequences of their actions, or lack thereof, and why that shortfall is criminal or liable. The state employees (and therefore The State) are now squirming in the docket under the clear and bright light of hindsight!
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Blindness for an actions possible bad outcomes or failure to foresee negative outcomes has become the standard for determining who goes to jail in many cases. Perhaps folks may become sensitized to the current judicial jihad of criminalizing many incidents that were once considered “accidents” and take an active roll in questioning the premise behind this new judicial paradigm.
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Mr. Massengill’s prior state “investigation” of a fatal boating crash on SML might lead one to question his veracity relative to doing the politically correct thing at the expense of taking a difficult position.
http://roanokeslant.blogspot.com/2005/12/nix-speed-limit-at-sml.html
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Given today's judicial environment, If one is involved in an "accident" it would behove that person to not make any statement until consulting an attorney; or as Ron White stated: I had the right to remain silent, but I didn't have the ability.
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http://roanokeslant.blogspot.com/2012/01/florida-highway-patrols-failure-to.html
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http://roanokeslant.blogspot.com/2012/01/criminalizing-accidents.html
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