Wednesday, February 10, 2010


I was under the false impression that jury selection would take place on one evening, and the trial would be the next morning.

That is false.

The jury selection will commence at 5:30 PM Tuesday February 16, and the trial will be held immediately following.

The courtroom will be inside this building near the corner of Dallas Street and Brown Street in downtown Ennis. From I-45 go west from exit 251 on Ennis Avenue. Turn left at the second streetlight after you cross the railroad tracks. I have no idea where you would park a car. I never have to think about that sort of thing.

Perhaps you will be able to come down to witness the proceedings. I would like that! I won’t hold it against you if you can’t manage to make it- Don’t worry, I’ll let you know how it turns out! (But the first report will likely be from the courthouse from Steve’s fantastic phone. Watch
this space for a Tuesday night dispatch!)

But if you do decide to come, could you go to Waxahachie first and then proceed to Ennis on Hwy 287? It will not be during the same time of day I was stopped or cited or arrested, either being a little earlier or a little later than when I was driving on it. But could you do this experiment for me? Could you travel as close as possible to the exact speed limit, and take note of how many vehicles you pass, and about how many pass you?

(I-35E to exit 404. Take Hwy 287 east to Ennis. Exit Business 287 which will become West Ennis Avenue. When you come across a sign warning that the “lane ends merge left”, go through the next two signal lights and turn right onto Dallas street.*)

To those who are seeking other ways to help me out, contact
SteveA, who has more timely communication with the world, and is heroically shouldering most of the things I have been able to off-load onto someone else. A full credit roll will be made after the trial, but help has been supplied from Florida, California, and all over Texas. It has been offered as well from Canada and Montana. Just knowing you are keeping tabs on all this is heartening. Thank you!

*e-mail me for directions that trace my crime spree. See if that shoulder is one you would drive on! My e-mail address is cleverly hidden from spam-bots over there -> under "about me".


  1. Will you have a lawyer?
    Will you have an expert witness or two?

  2. If you get the death sentence will that be after the trial? Candlelight vigils are really a lot of fun and you get to be on the news.

  3. Nice to see the "See you there" from PM. You're in good hands!

  4. Yes, danc, and I think Andrew's Lesson #6 is particularly salient here:

    6) If you have decided to take the matter to trial, arrive PREPARED! Contact the [local coalition] and attain expert witness (certified cycling safety instructor) to testify on your behalf. Do not assume that facts and logic will prevail. Assume, rather, that you are responsible for proving not only that you weren’t violating the vehicle code, but are responsible for showing why the vehicle code was written the way it is. You have to assume that the judge and police officer are anti-bicycle and don’t like bicycles in the traffic lanes. You have to prove not only that you are allowed in the lane, but WHY you are allowed in the lane. Bring cycling safety instructions. Bring expert witnesses. Be Prepared!

  5. I would suggest entering in the record references from several bicycling sources (not just Effective Cycling) that extol the virtues of lane control. There are key quotes from Franklin's Cyclecraft, for example. The expert witness should do this, in response to questions about safety. Remember that the judge and jury (and appellate court judges) are likely to think what you're doing is INSANE. You have to present evidence to try to nip that thinking in the bud. It means overcoming a lifetime of prejudice in just a few minutes. Very challenging. But at least if the evidence is in the record the appellate court will have to consider it too. Although the jury is supposed to decide if you've violated the law, what they will actually do is decide if they think what you did was right based on their own prejudices, of if all the cops were right in citing you. If they side with the cops' position, which is likely, you're doomed.

    You cannot underestimate how difficult this will be.