- Richard L. Duquette
Updates on Miramar Marine Base Mountain Bike Incident
On or about January 16, 2016, approximately 45 mountain bikers were cited by the Military Police for allegedly entering a military installation, with knowledge, in violation of 18 USC 1382.
Their Mountain Bikes were seized and impounded. MCAS Miramar CA officials refuse to return the Mountain Bikes until they appear in Court, in response to their misdemeanor citations.
There are several competing interests involved here such as, the public interest, the truth, the return of the valuable Mountain Bikes, respect for the Military and the Mountain Bikers' rights. To facilitate the prompt and equitable resolution of these issues, the following documents are authorized to be released. In the interest of Justice, for this and any future cases, my clients desire to educate the public, Military and other interested persons as to this situation, while retaining their confidentiality.
Without requesting permission, you may download and distribute the following redacted documents:
Motion to Return the Mountain Bikes, per Federal Rule of Criminal Procedure 41(g).
Stipulation to Promptly Return the Mountain Bikes and to the Chain of Custody.
Freedom of Information request to be faxed to the Government in preparation for Court, as no case has been filed at this time.
Case law: United States v. Madrigal-Valadez 561 F.3d 370 (4th Cir. April 1, 2009)
In response to any premature criticism of the Mt. Bike Riders, please respect their constitutional rights, including their presumption of innocence. The Government has the burden of proof they had notice. Any reasonable doubts due to inadequate signage demarking the Eastern boundaries of Miramar mandates a dismissal.
Richard L. Duquette, Esq. has been a bicycling legal rights advocate and trial attorney since 1983. He is a graduate of the prestigious Gerry Spence Trial Lawyers College in Wyoming. He is rated AV by his peers. He may be contacted at RLDuquette@911law.com.