|Chang Si, painted in 1156|
About the Prosecuting Turtle below:
Japanese depictions of turtles often depict a soft swath trailing them known as seaweed growth on their shells as they meditate like buddhas. How much minogame must the Prosecutors have on their fannies from their long four year wait to arrest a man after indicting him?
In Peter's Excellent Motion to Dismiss he argued that Barker v Wingo, 407 U.S. 514 (1972) was controlling and that the following factors must be considered:
1. length of delay - nearly four years, any time over one year between indictment and arrest is presumptively prejudicial
2. reason for the delay - here government negligence to move the case forward and even gained a tactical advantage because the Defendant no longer had possible witnesses available for his defense.
3. Defendant's assertion of his rights - he asserted his rights once he knew them and he had no way of knowing he'd been indicted until the Government placed a detainer on him.
4. prejudice suffered by the Defendant - even if he had an alibi how could he possibly remember where he was on a specific day four years ago?