VICTORY IS OURS!!!


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Posted by John Eickhof on Sunday, August 01, 2004 at 2:45AM :

Yes! I have been served true justice! It was a short trial, in fact, less than two hours! No sooner did the United States 'rest' their prosecution case, My Attorneys requested that the case be dismissed and the charges be thrown out because the U.S. forest Service and the U.S. Fish & Wildlife Service were clearly unable to tie me to any damage caused in the South Canyon Road / Jarbidge River area! It was a pleasure to see the judicial system at work! I must admit,when I saw the docket at the courtroom door that displayed "The United States of America vs John R. Eickhof" It was a little intimidating! But, after the Prosecution rested, and watching my bevy of four great Attorneys blow holes in the testimony of the two (YES only two) witnesses for the prosecution, I was convinced when my defense would be offered in testimony that the case would be easily ruled in my favor. However, due to the obvious lack of any substantial evidence and the lack of good investigative proceedures, my Attorneys were bound to request that the charges be dropped due to the lack of evidence as well as the obvious lack of proving 'beyond reasonable doubt' that I was indeed guily of a crime! We had some very good witnesses lined up on my behalf, plus eyewitnesses Niall Irish and my Daughter Molly! Anyway, after a short recess when the Prosecution rested, My Attorneys requested the charges be dismissed and the fine be thrown out! ($150.00) After some arguing by both my Attorneys and the Federal Prosecutor, the Magistrate Judge was compelled to rule in my favor as he stated that the U.S. clearly was unable to place me at the scene or prove by any means but circumstantially that I had caused any damage to the resources in the Jarbidge River area! Plus, he also noted words to the effect that it was apparent that I (John Eickhof) by my own written statement, had indeed used reasonable care in driving off the road, and in view of the fact that neither of the U.S. witnesses that testified could define what 'reasonable disturbance' was! They could only provide testimony as to what they thought 'unreasonable disturbance' was! Thus, before he completed his ruling, the Magistrate noted that because of my written statement to the U.S. Special Agents, (The documet they were hoping they could prosecute me on) a person could indeed operate a vehicle off the road and by using reasonable judgement and prudent operating skills, they could drive off road without violating the statute!! Thus, in actuality, a preceedent was made by the Magistrate in noting this fact! Plus it was again made VERY CLEAR that the Elko County RS-2477 Road # 748 (A.K.A. South Canyon Road) Is open to travel it's entire length (including the detour route we drove over) from the town of Jarbidge all the way to the Snowslide Gulch Trailhead, regardless of the threats made by the U.S. Forest Service! So, I hope more of you can attend our next (9 th annual) Idaho Trail Ride, in June 2004 and drive your power wagons to the trailhead with the rest of us!! Anyway, again, I wish to thank my Attorneys, Grant & Travis Gerber, Scott Edwards & Marc Picker for all their fine efforts and expertise, The residents, County Supervisors, State Assemblyman John Carpenter, plus all my power wagon friends out there who provided much needed financial support as well as moral support! I will be providing further info to yo as time goes on, I will be receiving a copy of the court transcripts in a few weeks and will provide that for reading by all! Anyway, here is a link to today's Twin Falls Times-News with a pretty thorough Associated Press article of the events on Friday!!




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