Opeing Arguments in the Ryan Frederick Trial

Report in the Virginian Pilot.

No real surprises:

Ryan Frederick was “stoned out of his mind” and “in an angry, blind rage” when he killed a Chesapeake detective during a drug raid a year ago and later told a jail inmate that if he had more ammunition, “he would have taken them all down,” a prosecutor told jurors Wednesday.

Frederick’s attorney, James Broccoletti, told the jury a different version, saying there was no evidence Frederick was stoned that night and a detective will testify that Frederick was sober during questioning.

With his dogs barking and his television blaring, Frederick never heard officers yelling “police,” Broccoletti said. Officers pulled up in unmarked vans and wore dark clothing. Frederick also never saw any police insignia. The word “police” wasn’t visible on Shivers’ clothing, he said.

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Update on Ryan Frederick

From Dr. Tabor at Tidewater Liberty.

The most telling revelation for me was this:

We then learned, in response to a question by the defense, that the alleged marijuana plants which were claimed to have been removed from the garage in the burglary were not turned over to the police, and have not been verified to have even been marijuana or even to have existed at all.

No plants were recovered at the time of the raid.

There’s much more, so read the whole thing.

I knew no plants were recovered during the raid, but a doubt about Frederick’s innocence was introduced when the Prosecutor and police revealed that the “burglars” had reportedly stolen half of the marijuana plants from Frederick before tipping the Police about the “grow operation.”

The implication was, of course, that the “tipsters” had turned over at least some of the marijuana plants to the Police. The implication, however, appears at this point to be false. No plants were ever turned over to the Police, which means we are back to square one.

The Police executed a dynamic raid on a citizen with a full time job and no criminal record on nothing more than the word of your typical street criminal who also happened to have a grudge against the victim of the raid. No investigation was conducted, cursory looks at the house before the raid identified no unusual activity and the warrant may very well have been (I would say “was probably”, but I’m trying to offer the benefit of the doubt) obtained under false pretenses.

I return to the contention that the tragic death of Detective Jarrod Shivers falls squarely at the feet of the Chesapeake Police Department and that Ryan Frederick is nothing more than a scape goat.

Dr. Tabor also reported a ruling that the prosecution does not have to show their tapes of the crime re-enactment over to the defense. I agree with his assessment of that action: Why would the prosecution withhold something like that? Could it be that the re-enactment doesn’t completely jibe with the charges being made? Like…for instance…Detective Shivers WAS actually in the act of crawling through the broken door when he was shot, versus standing on the front step or on the front lawn as has been contended in the days since?

There is no way to know, but the re-enactment is generally done fairly soon after an event like this so that the memories of those involved are as fresh as possible. The re-enactment should, therefore, logically be considered the most accurate representation of what actually happened. Why would that be something to withhold from the defense?

Anyway, it occurs to me that the Police and Prosecutor are not seeking justice…they are seeking vengeance…and they are seeking to cover their own butts.

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One step closer to justice?

[Update] More info from WAVY TV 10. [/Update]

The prosecution’s change of venue motion in the Ryan Frederick Case was denied.

Judge Marjorie A.T. Arrington ruled this afternoon that the trial of Ryan Frederick – who is accused of killing a city police detective – will stay in Chesapeake.

Arrington said the Circuit Court will attempt to seat a jury in Chesapeake for the trial scheduled to start Jan. 20. If it is unable to, she will consider a change of venue then.


As far as I’m concerned, this is a very good sign that the judge is going to treat this case fairly. If the prosecution’s case is sound, there is no reason to suspect that a Chesapeake Jury won’t be able to evaluate the evidence and reach a fair decision. I believe that the Prosecution’s motion was nothing more than an attempt to go “jury shopping” and get the case moved to a location that is less apt to be sympathetic to the plight of this man.

This trial needs to be held here and it needs to be held publicly. We cannot let our employees in government get away with brushing this under the rug. There are still way too many questions about the tactics of dynamic entry and the policies of the Chesapeake Police Department in general and the conduct of the officers in this case specifically.

To donate to Ryan Frederick’s defense fund there is a link in the sidebar. For previous posts on this subject, click the “Ryan Frederick” label at the bottom of this post.

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Catching up

I need to get caught up on the Ryan Frederick story as it has been coming hot and heavy over the past week.

First, the VA Pilot confirmed Radley Balko’s assertions that there is a current inmate claiming to have been one of the burglers in the Frederick case who broke into Frederick’s garage a few days before the Police raid. He further claimed that they were being paid by the Chesapeake Police Department to report evidence found during their crimes. They Pilot identified the person in their piece as Renaldo Turbull Jr. which Balko declined to do.

Within days another story came out wherein the Police denied that Turnbull was one of the informants in the Frederick Case and that they have some mysterious evidence of a motivation for Turnbull to have misrepresented himself as one of the burglars. Conveniently, under “confidential informant” rules, they don’t have to reveal the identities of informants, so they can just make that claim without having to prove it one way or the other.

This morning’s story simply reports that Frederick’s laywer has taken the obvious step of petitioning the court to force the prosecution to reveal the identities of the “informants’ since they are not simply providing a tip, but are material witnesses in the case. Personally, I don’t understand how this “confidential informant” angle can be Constitutional in the first place…the sixth amendment is pretty clear on the matter: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted by the witnesses against him [and] to have compulsory process for obtaining witnesses in his favor…”

Doesn’t seem to be much wiggle room there. But this practice has been going on for quite some time so I imagine that they’ve found some way to creatively interpret the sixth amendment just as they have all the others.

At any rate, that’s where we stand.

We have a witness telling reporters that he was one of the burglars and that he was in the employ of the Chesapeake Police Department, we have the Police denying that he was one of the informants but declining to tell us who those informants were and we have the defense petitioning the court to force the prosecution to reveal the identities of the informants as material witnesses in the case.

Some other coverage:

Disloyal Opposition
Kayak2U Blog
Reason Online

Click on the Ryan Frederick label below to see older posts on this subject.

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Another Good…

Post on Ryan Frederick, with something unverified but new that I hadn’t heard anywhere else.

Remember the .223 shell casing listed on the search warrant as found at the scene and the alleged hole in the wall of Ryan’s alleged home allegedly patched by the alleged Chesapeake Police Department?

The police ‘clear up’ the speculation of a .233 calibur shell that was found at the scene. They claim that the shell fell out of the pocket of a SWAT team member that arrived at the scene the after the shooting. Wait. What? The Chesapeake Police ADMITTED TO CONTAMINATING THE CRIME SCENE and they still expect the people of Chesapeake and Hampton Roads to believe them?!? Why does SWAT carry spent shells around with them? If they carry those, how do we know they dont carry baggies of weed as well? They obviously were on something when they carried out this raid. [emphasis in original]

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Tidewater Liberty

Has the best synopsis of the Prosecution’s charges against Ryan Frederick that I’ve seen to date:

What we are being asked to believe is that the informant/burglar who was working with the police for two months spontaneously decided to break into Frederick’s garage three days before the raid, and stole half of the still unspecified amount of marijuana he found there but left the rest.

Frederick was smart enough to deduce from this that the police would be coming but dumb enough to warn the informant before the raid that he would resist. He was smart enough to get rid of the plants before the raid, but dumb enough to keep the magazines and misdemeanor amount of pot in his house. Having gotten rid of the felony evidence of cultivation, he decided instead of letting them search and write him a ticket for misdemeanor possession, he would go to war with a large number of heavily armed policemen with a low powered handgun, with no hope of gaining anything by doing so.

No wonder the prosecutor is looking for a different venue, the people of Chesapeake are not idiots.

Said it better than I ever could have.

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Ryan Frederick Update

Now the Prosecutors are claiming that the people who broke into Ryan Frederick’s detached garage stole half of the illegal grow operation he had going on…that he knew that he’d been ratted out to police and, so, got rid of the rest of the evidence…and was lying in wait for the police to break down his door.

Talk about grasping at straws.

I guess it will come down to how credible the testimony of convicted criminals…aka “confidential informants”…comes across to the Jury.

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Not FAIR!

The special persecutor…er…prosecutor…in the Ryan Frederick trial has requested a change of venue.

The special prosecutor in the case against Ryan Frederick, a Chesapeake man accused of killing a city detective, wants his murder trial moved out of Hampton Roads.

Ebert said the publicity – some of it inaccurate and based on speculation – makes it impossible for the commonwealth to get a fair trial in Hampton Roads.

Um…isn’t it the ACCUSED that is supposed to be guaranteed a fair trial? Isn’t he guaranteed the right to be tried by “a jury of his peers”?

How often do you hear about prosecutors requesting changes of venue? ESPECIALLY in cases where a cop is killed?

They’re worried. The public has seen through the smokescreen and obfuscation. According to what I’ve read, the granting of such a request would be quite unusual. If the judge grants the request in this case, I’d say it’s a pretty strong indication that the fix is in.

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And there you have it

After Detective Jarrod Shivers was killed by by a hardened and vicious soda salesman (Ryan Frederick) last January, the Chesapeake Police Department conducted an internal investigation. The details of the results will not be released to the public.

Now THAT’s the way to get to the bottom of it. How about the next time I get a parking ticket, I conduct an internal investigation into my behavior to determine if I need to pay a fine. The results of my exhaustive investigation of myself will be sealed of course.

The Chesapeake Police Department did deign to grace we lowly civilians with a couple of the conclusions of the investigation, however:

Chesapeake police will now issue new tactical vests to its special investigations section.

Police said no other policy or procedure changes have resulted from the internal probe. Police reported in May that their investigation had been completed and that the report would not be made public.

Go figure.

It’s perfectly OK to break down citizens’ doors during the night on nothing more substantial than the word of a criminal. It’s perfectly OK to serve a “knock and announce” warrant by knocking and announcing…and then breaking down the door at the first sign of movement. It’s perfectly OK to assault the homes of private citizens with no criminal record and with no solid evidence that any wrongdoing had occurred.

But, just in case those citizens have the means to defend themselves, we’d better up-armor the stormtroopers.

Where’s the outrage Chesapeake? The silence is deafening.

My your chains rest lightly…

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