Day 1 Rob Murphy Trial

[PropMan]

I took the day off from PropTec to go and support a fellow diver and witness
his trial.Il make this sweet and short ,the morning sesson was kinda slow manilybetween Capt Mike Newman and the defense lawyer.The lawyer was mainly harping on a missing Dive Flagf stiffener and poor visability of the flag.They tried all angles to no avail.Even saying that the radar was blocking their view and that the flag should of bin put up on the out rigger.That all got quickely shot down in the afternoon sesson,witch by all means was a complete a!! wippen of the defense team ,it was awesome.Those of you that left early you missed a testamomy by a female FWC Officer ,and toward the end of the day by what I call the commander himself. I forgot the mans name but he writes books on Florida maritime law and has worked for law inforcement for over 30
yrs.He teaches lawyers and judges maritime law ,he has a law degree himself.
The doctor was sited on 5 violations ,and even if there was a dive flag not present(which there was) the Doc still broke all the laws by flying by at 25kts on plane way to close.Il end it here ,lets say I witnessed a beat down that was worth a day off.Hang in there Rob ,there is only one verdict and we all know it.Tomorrow the key witness continues in the morning ,should be a great knock out round.

[freemanfish]

thanks prob man, I was looking for an update.

[morey_b]

What time does it continue tomorrow, I might try make a turn down there.

[plngl]

fry his ass

[killer-mermaid]

Thanks for the recap Propman. I'm glad things turned around in the afternoon; sounds like the afternoon witnesses put the "law" into real world terms. I thought it was ridiculous for the defense to suggest the dive flag should have been mounted to the outriggers among other things.

Rob-we don't personally know each other, but i'm in your corner and hoping for the maximum penality for the so-called dr. Best of luck tomorrow.

[SpearMax]

Originally Posted by PropMan

I took the day off from PropTec to go and support a fellow diver and witness
his trial.Il make this sweet and short ,the morning sesson was kinda slow manilybetween Capt Mike Newman and the defense lawyer.The lawyer was mainly harping on a missing Dive Flagf stiffener and poor visability of the flag.They tried all angles to no avail.Even saying that the radar was blocking their view and that the flag should of bin put up on the out rigger.That all got quickely shot down in the afternoon sesson,witch by all means was a complete a!! wippen of the defense team ,it was awesome.Those of you that left early you missed a testamomy by a female FWC Officer ,and toward the end of the day by what I call the commander himself. I forgot the mans name but he writes books on Florida maritime law and has worked for law inforcement for over 30
yrs.He teaches lawyers and judges maritime law ,he has a law degree himself.
The doctor was sited on 5 violations ,and even if there was a dive flag not present(which there was) the Doc still broke all the laws by flying by at 25kts on plane way to close.Il end it here ,lets say I witnessed a beat down that was worth a day off.Hang in there Rob ,there is only one verdict and we all know it.Tomorrow the key witness continues in the morning ,should be a great knock out round.

Good summary Harald. Thanks!

[kitespearo]

Harald Thank you for the update....and it was nice meeting you on the ramp the other day.

[SpearitPBC]

Trial starts at 8:30 tomorrow, 2d floor, judge kathleen Roberts. but get there early to get a seat. It did seem to progress today in a positive direction .... to that last witness. Bottom line is Nicosia was in Violation for planeing towards the Dykoke period, with or without "Presence to Him, and his friends", of the Dive Flag on board! Can't make it tomorrow, but will be there in spirit Rob

[flamencoguru]

It been a long and hard road for Rob. I hope the out come of this trial is what needs to happen.... Good luck.

I hope the judge is wise and does the right thing. Damn slimbag lawyers trying to get the doc off on some BS technicality!!!! Seriously, they have no shame......!!!>......

Errol

[sacha58]

I cannot be there, but I am fully on Rob's side. These things should stop, In Italy we had too many killing from careless boaters and they never get what they deserve.

[PropMan]

Originally Posted by SpearMax

Good summary Harald. Thanks!

Thanks Tony, yesturday was the circling of the Drain for the slim bag doctor,
today is the flushing.

[DiveGal]

Mike, Lisa, Barry and Rob were awesome on the stand.

I have to admit that the defense lawyer was good at trying to drive home the "dive flag" issues all day. However, there is so much more to this than just a dive flag. The defense witnesses (2 people on the boat with the doctor) couldn't remember squat. Time, distance, thoughts all seemed to just disappear - except that they were all at the helm, they all saw Dykoke, they saw the dive flag on the boat just before impact, and no one ever saw divers.

I agree with Harald that the FWC head investigator, Officer Buck, was outstanding. But Mr. Alan Richard blew my socks off. I believe he was heavily involved in the creating, writing, and law passing of the Maritime Navigational Rules to Avoid Collisions (also known as "Rules of the Road"). He sure knows them well. And, as Harald noted, dive flag or not, the doctor broke NUMEROUS maritime rules/laws.

Things aren't looking too good for the 'good doctor'. I sure wish I could be there today for the rest of Mr. Richard's testimony and closing arguments. Someone, please post a recap.

I know this is all really tough, Rob, but you got a GREAT support system going. Know that you are greatly loved.

[pelagic hunter]

lawyers are the leach of the earth

[LunkerBuster]

Originally Posted by flamencoguru

It been a long and hard road for Rob. I hope the out come of this trial is what needs to happen.... Good luck.

I hope the judge is wise and does the right thing. Damn slimbag lawyers trying to get the doc off on some BS technicality!!!! Seriously, they have no shame......!!!>......

Errol

Originally Posted by pelagic hunter

lawyers are the leach of the earth

while I see the feeligns that drive these statements they are waayyyy off base

to remind you, the person who is doing everything they can to help Rob is the prosecutor who is also a lawyer. I am sure Rob has a Lawyer representing him in the civil case too.
Lawyers are required to zealously represent their clients and everyone, even the lowest dirtiest scumbag in the country deserves one. Do not ever think that Due Process is an inconvenince...I ASSURE you, you would not like the alternative. I am not defending this atty as I was not there to say if he went over the line, but these general statements about the evil of lawyers are foolish. there is a reason I am not a defense atty, it is very difficult morally, but they need to be there FOR SURE



I certainly hope that after his atty does all that he can, the Defendant is found guilty and sentenced to the maximum penalty under the law, and that the media makes a parriah out of him which educates the whole state about diveflag awareness. then, justice will be working.

[PropMan]

Originally Posted by LunkerBuster

while I see the feeligns that drive these statements they are waayyyy off base

to remind you, the person who is doing everything they can to help Rob is the prosecutor who is also a lawyer. I am sure Rob has a Lawyer representing him in the civil case too.
Lawyers are required to zealously represent their clients and everyone, even the lowest dirtiest scumbag in the country deserves one. Do not ever think that Due Process is an inconvenince...I ASSURE you, you would not like the alternative. I am not defending this atty as I was not there to say if he went over the line, but these general statements about the evil of lawyers are foolish. there is a reason I am not a defense atty, it is very difficult morally, but they need to be there FOR SURE



I certainly hope that after his atty does all that he can, the Defendant is found guilty and sentenced to the maximum penalty under the law, and that the media makes a parriah out of him which educates the whole state about diveflag awareness. then, justice will be working.

Come on , we are not talking about Robs Lawyer,

We are definitley all on base and ready to hit a grand slam.