No Guns in Parks case motion denied; Rineer to stand trial January 28
Tucson, AZ Denying Tucsonan Ken Rineers motion to dismiss the charges against him based upon the States failure to ensure his right to a speedy trial, City Magistrate Eugene Hays has set a trial date for Rineers constitutional test case for January 28, 2000.
Rineer, who challenged the Tucson ordinance banning the carrying of firearms in parks in 1996 through a planned arrest, was attempting to have the case dismissed due to the fact the State had not brought him to trial within the required ninety-day time period. The Arizona State Court of Appeals had remanded Rineers case to the City for trial in April of 1999.
The law specifically states that a trial must be held within ninety days of the courts order, said Rineer, but, as Ive come to learn over the course of this experience, the law doesnt mean what it says. Apparently, it was my responsibility as the defendant to inform the state they hadnt put me in jail yet.
During yesterdays hearing, Hays had commented that the Court is embarrassed by its oversight having missed setting a trial date on the courts calendar for Rineer within the state laws required time period, but nonetheless denied Rineers motion to dismiss.
Magistrate Hays originally ruled the Tucson ordinance was unconstitutional in that the state has preempted the control of firearms within the state in February 1997, dismissing charges against Rineer. Hays will again be presiding in Rineers upcoming trial.
Nearly two dozen pro-Rineer supporters from the civil rights organization Brassroots, Inc., were in attendance at Fridays proceedings.
Having witnessed Hays denial of Rineers motion, one Brassroots member, Victor Mergard of Tucson said, Its unreasonable to believe reasonable men can change an unreasonable system.
I understand if I break the rules, I can go to jail, said Rineer. But, if they break the rules I can still go to jail.
I spent twenty years in the United States Air Force defending this?
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Brassroots, to which Rineer also belongs, is actively involved in supporting statewide legislation that would correct existing language in Arizonas state firearms preemption law. This is the same law Magistrate Hays originally cited as his reason to dismiss all charges against Rineer. For more information, please visit the Brassroots webpage at: www.brassroots.org --
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Phil Murphy
Brassroots, Inc.
9420 E. Golf Links Rd., #246
Tucson, AZ 85730-1340
Phone: (520) 750-1292
Fax: (520) 750-0716
http://www.brassroots.org
murphy@brassroots.org
murphy@myblueheaven.com
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