DEL PERRO (WZ) — Lawyers have continued arguing points for and against dismissal on the criminal trial docket for William Benning this morning.
Mr. Benning’s lawyers wrote into the docket yesterday saying that the Representative had been assaulted inside Bolingbrook while waiting for a bail hearing to take place. This is the 16th incident of assault Weazel News has learned of that has occurred inside Bolingbroke Penitentiary within the past three weeks. We have contacted lawyers representing Mr. Benning and they release this statement:
|While there is limited information we can provide due to the ongoing proceedings, we are steadfast in ensuring that Representative Benning receives due process and a fair trial in this matter. These criminal proceedings will not be affected by ulterior motives, unfounded opinions, or bodily harm but rather the impartiality of the law in this great state. Representative Benning maintains his innocence of all charges and Castillo & Underwood Law Group is dedicated to representing his legal position. Representative Benning was the victim of a physical attack in Bolingbroke Penitentiary while awaiting his bail hearing. He is recovering but the petition to the Court to move him to protective custody is still pending|
Yesterday we reported that lawyers representing Mr. Benning filed for dismissal with prejudice on the grounds that the usage of Park Rangers in the arrest of Mr. Benning was unlawful. Today the Special Council responded to that dismissal. They argue that the Rangers may have acted outside of a State Park, but because they are still sworn officers they are able to act upon arrest warrants. The special council in charge of prosecution also argued that policies and jurisdictional procedures are not laws, and therefore can’t be enforced by a court.
Bennings’ Defense yesterday argued that the usage of Park Rangers outside of their scope made the arrest unlawful. This argument was further backed up by an announcement from the Governor’s office earlier today saying that the Governor’s Office will conduct an investigation into the ‘concerning information’ that Park Rangers were used ‘outside of their legal scope of authorities.’
Governor’s Office Statement:
|At approximately 11:45pm Eastern Time on November 2nd, I was notified by Special Prosecutor Cyrus Hunt that he had been appointed to oversee the execution of an arrest warrant against State Representative William Benning, and prosecution of said case.|
I would like to clarify to the public that the Governor’s Office has made no instruction to the Department of Justice in regards to these criminal charges or the appointment of a Special Prosecutor.
We have been made aware of concerning information that the San Andreas Park Rangers were utilized to execute an arrest warrant outside of their legal scope of authorities, and our Office will be investigating these claims.
In regards to the criminal trial and impeachment of State Representative Benning, I would like to stress to the public that the Governor’s Office plays no role in impeachment proceedings and will remain this way. I urge the Legislature to exercise jurisprudence when considering these significant allegations.
The special council has called for a hearing to argue out topics and the scheduling of Mr Bennings bail is still underway.
The above Information is current to 8:28pm EDT on the 4th of November 2021
Update 9:38pm EDT 4th Nov: Cole Gordon has confirmed on the Court Docket that the arrest did take place outside of the Rangers Jurisdiction, however they argue because there is no precedent in San Andreas, the arrest was lawful because of a law in the Federal Rules of Criminal Procedure, arguing that “this arrest was both federal[ly] legal and constitutionally protected”
Lawyers representing Rep. Benning have continued to argue that the jurisdictional violation of the arrest makes the arrest unlawful and there were no ‘exigent circumstances’ allowing the rangers to carry out the arrest. They affirm that the arrest, which took place in City Hall, was 412 meters away from any Rangers jurisdiction.
Acting Chief Justice Williams who is preceding over the case has denied a formal hearing on the issue and will made a decision on the issue in 48 hours.
Stay with Weazel News for more on this important topic…
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