Darth412000
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Posts posted by Darth412000
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Well, at least some people speculated correctly...he wasn't wearing a shoe when he got the frostbite.
All the best to you in your recovery, Kristo!
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224 ROW 4 Should be a great time!
107, 7th row - There's about ten of us there (with one Gopher fan among us...boy, I bet he's going to be sad...I hope he doesn't cry the whole time)
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Suffice to say that Matt's lawyer posts here from time to time.
I think there are a few lawyers that post here from time to time...
Well done!
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The other exhibits are just foundation to admit the test result. As was already stated, reasonable suspicion to stop a vehicle and problable cause to arrest would be dealt with in a pretrial motion. These aren't proper issues for trial.
If a defendant does well on the field tests, and the test isn't overly high, it isn't uncommon to get an aquittal. The jury has to answer two question, (1) was the defendant under the influence and/or (2) was the test .08 or greater within 2 hours of the stop.
The intoxilizer is a devise which is easy to poke holes in. Without an expert to explain the test the jury is basically left with a sheet of page with a number on it with no real explanation as to how the number was obtained. If the test result doesn't sync up with what the jury sees in the video there can be reasonable doubt.
I assume there was qualified expert testimony. See STATE'S EXHIBIT 4 - APPOINTMENT OF MARGARET PEARSON AS STATE TOXICOLOGIST Pure speculation here, but this was likely introduced to lay the foundation to qualify her as an expert.
The public will probably never know why the jury found him not guilty. That's the jury's decision to make based on the evidence presented and the information gathered at trial. Although jury members can be polled to inquire as to how they reached their conclusion, this is usually after the trial and is not normally made public.
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How do we get this information.
It's all public record. Anyone can do a District Court search on the ND Supreme Court website. You can inquire by name and it will list anything that has gone through a District Court (most ND Districts show up here) and then click on the court case number. It will list the status, imposition of the case, and a record of information filed under that case number.
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I'm posting out of pure ignorance, but my only guess. If there was a dash video of the stop, could the jury have found that he performed fine in the field sobriety tests, and there was no probable cause for a breathalyser, etc?
Below is a list of the State's Exhibits that were presented at Trial.
STATE'S EXHIBIT #7 - VIDEO FROM GFCCC BOOKING AREA
STATE'S EXHIBIT #6 - INTOXILYZER TEST RECORD AND CHECKLIST
STATE'S EXHIBIT #5 - APPROVED METHOD TO CONDUCT BREATH TEST WITH THE INTOXILYZER 5000
STATE'S EXHIBIT #4 - APPOINTMENT OF MARGARET PEARSON AS STATE TOXICOLOGIST
STATE'S EXHIBIT #3 - STANDARD SOLUTION ANALYTICAL REPORT
STATE'S EXHIBIT #2 - LIST OF APPROVED CHEMICAL TESTING DEVICES
STATE'S EXHIBIT #1 - LIST OF CERTIFIED CHEMICAL TEST OPERATORS
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The other thing to consider is that the .12 BAC rating may have been what was registered with the SD2 (or whatever model is used currently) at the scene of the traffic stop. This is a rating which is inadmissible in court, but can be used as further evidence for the officer to make the arrest. The BAC rating that is admissible will come from the Intoxilyzer or a blood draw. I think Grand Forks primarily relies on the Intoxilyzer in their alcohol arrests. It is very possible that the readings from these two devices can be different.
Obviously, I am just speculating on this because, to the best of knowledge, I don't recall any news reports specifying where the .12 rating was generated. It's just an idea on what can occur in a DUI trial.
Nonetheless, it's nice to have Matt back on the team and I'm happy for him that his life seems to be on a better track than it was this past summer.
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I will always be here too! Part of me wants to say I would feel differently if they were only getting 12-15 shots on goal a game, but I'll be honest, I'd still stand behind that team too!
GO SIOUX!!
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I like the enthusiasim but do we really think that will be the line? I think he and Vande would be great together, but I just don't think breaking up one of the only consistent producing pairs (Malone and Trupp) is a good thing. I don't think Vande would fit in well with Malone either.
Thoughts on Lines for this weekend?
Sorry to confuse you. I didn't mean to suggest this would be a line. I merely meant that (from what I hear) these guys get along well and push each other to play hard, all the time. I'm hoping having Frattin back will spark everyone again and get them fired up like last season. That's all. Certainly breaking up Malone and Trupp would not be a good decision. However, I wouldn't mind seeing Trupp and Frattin play on a line again...judging from the past, they seem to compliment each other very well.
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Welcome back, Frattin! Can't wait to see you and Trupp and Vande light things up again!! Here's to a great second half and congratulations on your return. GO SIOUX!
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Facts are facts......no evidence, no case!!!!!
Agreed. Just goes to show that things are not always as they seem, especially when heard through the rumor mill...
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Lets set the story strait. The media is having a great ride here with this story. Peter Chwialkowski graduated from UND and has never been in this kind of situation before. This is an unfortunate event that happened but people need to realize that there are two sides to every story and the only story the media is hearing is the story of Jason Smith's father who wasn't even there.
I completely agree with you. I don't know either of the parties involved here, but the Herald story is surely based on an account given by only one side of this incident. Interesting how law enforcement and the REA made no official statements to the Herald (that I've seen anyway). Also interesting that the only account comes from someone that wasn't even present when the incident occurred rather than from actual witnesses to the event.
I am sure in due time more facts will come out from sources that were actually present when this happened or who are more privy to reliable information.
That being said, this is an unfortunate incident that occurred and I would hope everyone would wish Jason a full and healthy recovery.
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There is a print shop in Grand Forks that can custom make any size you want. I've had a couple made there before, but I cannot remember the name of the shop. It is two blocks South of El Roco, and a block West of Washington street in the same building as that new JAG Tattoo place (I think that's what it is called). If the name comes to me I will post it for sure.
The price was very reasonable and she printed them within minutes of our requests.
Hope that helps. Like I said, if the name comes to me or if I get to that part of town to check, I will post that info for sure.
Passed it today - It's called Signs by Design.
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I wasn't able to find one online...I'll have to try and call and have one shipped to MSP.
There is a print shop in Grand Forks that can custom make any size you want. I've had a couple made there before, but I cannot remember the name of the shop. It is two blocks South of El Roco, and a block West of Washington street in the same building as that new JAG Tattoo place (I think that's what it is called). If the name comes to me I will post it for sure.
The price was very reasonable and she printed them within minutes of our requests.
Hope that helps. Like I said, if the name comes to me or if I get to that part of town to check, I will post that info for sure.
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i know before you had to buy the jersey there to get them done by them. is that still the case? its expensive but worth it if you want it done perfect
I am not sure if they still have that policy concerning where the jersey was purchased. I do know that the Sioux Shop cannot do jerseys for current players, only players that have left UND because of NCAA policy and the shop's/REA's affiliation with the school. Not sure if that helps you or not.
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You sound like a lawyer
Oh no..... hahahahaha
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True, North Dakota used it first to use in commerce, but unfortunately, the university failed to register the trademark. Notre Dame then used the logo and registered it as its trademark. The key is that Notre Dame registered the mark and North Dakota did not.
Basically, the rule is that if a mark is registered, that entity gets nationwide protection except where another entity already uses the mark. So, even though Notre Dame used it second, by registering it Notre Dame wins. But, North Dakota can still use the interlocking logo in the same manner that it did prior to Notre Dame registering the mark (probably limited to use within North Dakota or related only to UND apparel). It's all related to the geographic location and how it's used in commerce as well.
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Camera question- Can I bring a Digital SLR camera with a 300mm lens into hockey games at the Ralph?
You can definitely try. The Ralph has the following policy displayed on a sign in the lobby that says no professional cameras are allowed.
In the past, I've taken mine in numerous times without any problems. However, I've had times when certain ushers wouldn't allow it and one time one of them claimed he could take my memory card as property of the Ralph. Needless to say, he did not win that argument and we agreed I would just stop taking pictures.
My personal experience is that it really just depends on who sees you use it and how they choose to enforce the policy at that time. Good luck!
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Actually when I was going to school in Bozeman I must have traveled the interstate between Bismarck and there at least 50 times and I stopped and helped motorists twice, both with flat tires and also picked up hitchhikers twice. I kinda made a vow after my experience that I would help stranded motorists.
In all seriousness, that's very kind of you. I'm a little leery about helping stranded people because, like I said, I'm a female and I'm usually traveling alone. My husband though, he's a good man and stops to help when he can.
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You say you are honoring me but would you give me the time of day if I asked for it? Let me tell you a story. About 10 years ago I was goin to Bismarck for a meeting. It was in march and the temp was in the 30's. About 5 miles past Steele my pickup gave out. I opened my hood had the flashers on but no one stopped. I walked 5 miles back to Steele without anyone giving me a ride on the interstate! Now I obviously look Native American but come on. Why wouldn't anyone give me a ride? How many of you have been to a rez? Have you ever been in the home of a NA? There are alot of contradictions in this matter. No answers either.
I would just like to say that in 2005, I was traveling on I-94 from Bismarck to Mpls when I got a flat tire. I'm not even kidding when I write this, but I too was very close to Steele. Anyway, there I was on the side of the road all by myself trying to change a tire. At the time, I was a 27 year old, white female. No one stopped to help me. I was there for almost 45 minutes dealing with this tire and having to unpack my trunk and move stuff around. But alas, I did it all by myself and had to return to Bismarck on a classy little donut tire.
So I guess my point is that there may be an area of I-94 that is like a Bermuda Triangle for vehicle trouble... since no one stopped to help me, it must be because I was a girl... or, maybe people traveling at 75 mph are going a little too fast to properly assess the situation before they have passed it. Just a thought, I'm just saying I don't think everything that may be about race/gender is actually about race/gender. Oh yeah, I will also admit that since that day when no one stopped to help me, I still don't stop to help others. Sorry to anyone if I've passed you by.
fourwindsboy, how many people have you stopped to help while they were either broken down on the Interstate/Highway or walking on the Interstate/Highway? Just wondering.
Oh yeah - I have worked with the Spirit Lake Tribe and the reservation in the past and found the majority of them to be wonderful people. I will admit though, there were cultural differences for which we all had to make adjustments.
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How in the hell are Native Americans supposed to end racism when we're the victims? PR blunders my a$$. So if by some miracle the nickname stays, NA's are going to be embraced by the dominant culture and racism ends and we all sing Kumbaya by the campfire? Wake up and smell the coffee people! NA's have always gotten the shaft from the man and always will. I'm bein real and you know it. If we have a chance to win a small skirmish, after gettin kicked for hundreds of years, then I'm all for it.
I have to admit that I don't think racism will ever end no matter what happens in the world. It's an ignorant belief that some people have and there will always be ignorant people. I just don't know that I agree that the Fighting Sioux name and logo breed racism, endorse it or encourage it. It's terrible how this government has treated Native Americans in the past and even today, at times. I don't think that is something that anyone tries to deny. I still fail to see how any of that is directly related to the name and logo of a university.
Maybe I'm the ignorant one, but I don't think the Fighting Sioux name and logo have been the cause of "NA's [always getting] the shaft from the man..." Like I said though, maybe I'm the one that's ignorant in all of this.
I'd like second a few others' in their comments earlier as well. I think that if terrible, racist or hateful incidents have been directed at you (fourwindsboy), or anyone for that matter, on the UND campus those instances need to be reported and addressed immediately. It is a frustrating argument when there are no tangible examples or reports of these incidents that supposedly happen so often to Native American students, other than the generic claims of being treated poorly because of race. I believe that if people are harassing and threatening, they don't belong on this campus. Unfortunately, they cannot be dealt with and removed unless they are reported. I don't know if that occurs, but I really hope it does.
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It's not up to Myra or RHHT to vote. If the PEOPLE want to put it to a vote, it would happen. Let me tell you if it were put to a vote today it wouldn't pass on Spirit Lake. I've been talking to alot of family and freinds about this issue and most really didn't have an opinion until I expressed my point of veiw and my experiences in GF when I was going to school at UND. Take my word as someone who has lived on Spirit Lake all of my life: IT WILL NOT PASS!!
This seems strange to me considering I have a residence in Devils Lake and fail to see this as the popular attitude of the young Native Americans I run into around town.
Last November (I believe it was November) when the settlement decision between the NCAA and North Dakota was announced my husband and I headed downtown to watch some Fighting Sioux hockey at a local bar. I found it reassuring to run into numerous Spirit Lake Tribal members wearing Fighting Sioux hockey jerseys and UND apparel. In fact, I even struck up conversations with a few them referencing the newly announced settlement. The overwhelming consensus from those that I spoke to that evening (and other evenings since that one) was that the young people of the Tribe support the Fighting Sioux name and logo at UND. In fact, I will always remember one young gentleman telling me that he specifically wore his Fighting Sioux hockey jersey that evening to show the community that he and his family support the name and logo and everything they stand for.
Ask yourself this question - If the Fighting Sioux name and logo leave UND, will the ignorant racists leave with them? I'd be willing to bet the answer to that is NO. This name and logo don't cause racism, ignorance does.
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Maybe I'm old-fashioned, but I find it offensive for people to clap, cheer or shout during the National Anthem.
In my opinion, it's completely inappropriate to do anything other than stand, remove your hats, face the flag and sing along if you so wish. Nothing irks me more in The Ralph, or any sporting event for that matter, where I have to listen to people who can't keep themselves from talking during the National Anthem. It's rude.
I will say that I often get chills in The Ralph when I can faintly hear the crowd singing along. To have that volume increased would be nothing but inspiring. To take it any further than that is nothing but disrespectful.
The National Anthem is not the appropriate time to pump up your team or intimidate the opponent. It's a time to honor this great Nation, its history and its veterans.
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Would a formal request from fans for a Fan Appreciation day help? As far as I know, none of the players has left as of yet.
Although this may not change this year's absence of fan appreciation night, the effort might at least show the organization how much this night at the end of the season is missed by the fans.
If I remember correctly, the December one was not advertised as a replacement for the end-of-season event we are all accustomed to attending. Had that been the case, I would bet a lot of us wouldn't be so disappointed today after now realizing we missed out on thanking the team this season.
Congratulations to Cassie Hanson!
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Congratulations!