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  • Daren A. Wiseley

They Can't Handle the Truth

Recall Erin's Felony Eavesdropping charge was dismissed after oral argument on 3/14/22. Some people just don't get it. Even as the State's case continued to fall apart, their vindictive pursuit of Erin a rest; resorting to citing "facts" that did not occur, arguments her counsel did not make, use of perjured testimony, and citing laughably irrelevant caselaw (Remember Griswold, the case about married couples and contraceptives?).


Now, even after the circuit court judge made it abundantly clear the State didn't have a leg to stand on, citing their lack of any evidence of criminal activity towards Erin, they are still grasping at straws in their desperate efforts!


On March 30, 2022, the prosecution filed a Motion for Reconsideration, in desperate hopes that the judge would reconsider the Motion to Dismiss he had just ruled on. You can view the State's motion here.


Apparently, the prosecutor thought that a one page argument, in which he argues against caselaw he had never bothered to discuss before (there were ample opportunities to do so, you know like in his brief in opposition or oral argument?) would overrule the decision. It's pretty incredible considering the vigorous research, factual support, argumentation, and time that went into Erin's extremely detailed 27 page motion to dismiss, another 9 pages on her reply, and the oral argument in which the prosecutor made no convincing arguments.


Luckily, the rule of law prevailed. By the time Erin's counsel, Daren A. Wiseley, received the brief in the mail on April 5, Hon. Aaron J. Gauthier, Circuit Court Judge, had already ruled on the matter, stating:


"[T]he prosecutor has the burden of proof, even at a probable cause hearing. Here, there has been no evidence presented that defendant, as initially asserted by the complaining witness, walked down the hallway to eavesdrop just outside his doorway.


Accordingly, the prosecutor's motion for reconsideration is DENIED."


If it wasn't abundantly clear that Erin didn't commit a crime at the hearing, hopefully the prosecution, and all of those behind the false and vindictive allegations in their efforts to silence her, finally get the picture now. The charge was just as phony on day 1 as it was now, but its finally over. They've lost. Game, set, and match. Apparently, they just can't handle the truth.








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