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Browsing Posts tagged Brian Nieves

I’m a sucker for the underdog. It’s a great American story — that improbable character who comes from behind to beat the odds in the face of adversity. It’s the story of David and Goliath, of Seabiscuit, of the 1969 World Series, and the 1980 U.S. Olympic Hockey Team. It was the unlikely Republican nomination of Abraham Lincoln in 1860 and that unforgettably inaccurate headline in 1948 that read “Dewey Defeats Truman.” No one gave any of them a chance. No one gave any of them any respect — until they stunned the world and the experts and came from behind to win.

The race for the 26th Senate District has the potential to be another great American story. George “Boots” Weber is an unlikely political candidate for this day and age. He does not accept contributions. He has no ties to establishment insiders in Jefferson City. He’s not beholden to any corporate lobbyists or special interests. His character is untarnished by scandal. He’s driven by one simple principle that has guided him his entire life: a commitment to serve his country and his community with honor to the best of his abilities.

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You have to work with the evidence you’ve been given and apparently Franklin County Prosecutor, Bob Parks, did not feel he was given enough to file criminal charges against Brian Nieves for his alleged assault of Shawn Bell.

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Brian Nieves is upset because Shawn Bell’s attorney has subpoenaed his wife’s cell phone records …

In a statement to The Missourian Thursday afternoon, Nieves called the amended petition a “legal parlor trick” and said they “surprised us” by issuing a subpoena on his wife, Julie, and a subpoena for her cell phone records.

Nieves called the subpoena of his wife “questionable,” but “demanding her cell phone records is an abuse and a sign of harassment.” He said his wife’s cell phone records have no bearing on the case.

“They’ve shifted part of their attention directly at my wife in ways we believe to be clearly inappropriate, but the amended petition at the last moment was icing on the cake,” Nieves said. “We had no choice but to ask for a continuance.”

Bell alleged in his statement to police that Nieves forced him to phone his wife during the assault and apologize to her for dirty tricks that occurred during the GOP primary. But if the incident never happened, as Nieves claims, there will be no phone record of the call. And if there is no phone record of the call it would go a long way in proving Nieves’s innocence. In fact, if Brian’s version of events is accurate and “this is a 100 percent totally frivolous case with no merit,” Nieves and his attorney should be the ones offering up the phone records as proof. There should be no need for a subpoena.

The only reason I can think of that would cause Nieves to react in this way is if he knows the phone call took place. And the only reason I can think of that would cause his attorney to request a postponement of the hearing is so they can all figure out a way to plausibly explain that call.

On Tuesday, Aug, 31:

The attorney representing political campaign worker Shawn Bell in an adult abuse case against state Rep. Brian Nieves (R – Washington) has subpoenaed Nieve’s wife, Julie, to testify at a court hearing Thursday.

On Thursday, Sept. 2:

A hearing on a request for a full order of protection against state Rep. Brian Nieves (right), R-Washington, has been postponed again — this time at the request of Nieves’ attorney.

The hearing has been rescheduled for Monday, Sept. 20. Time enough for everyone to get their stories straight, I suppose. Remember, Bell alleged in his statement to police that Nieves forced him to phone Julie Nieves and apologize to her for an anonymous letter that was mailed to Franklin County residents alleging infidelity on Nieves’ part during the primary campaign.

Meanwhile, Franklin County Prosecutor, Bob Parks, is closer to making a decision on whether or not to file criminal charges against Nieves. We may see something on that front by next week. Stay tuned.

UPDATE 8/30/2010: The Washington Missourian reported in its weekend edition that county prosecutor, Bob Parks, has reviewed the initial police report but is waiting for detectives to do some additional investigating. Parks said he expects to make a decision on possible criminal charges after the Labor Day weekend. That Parks did not immediately dispose of the case is noteworthy.

KMOX Radio reports that The Washington Police Department has wrapped up its criminal investigation of Brian Nieves regarding the alleged assault charges brought by Shawn Bell, Dick Stratman’s campaign staffer. The report has been forwarded to Franklin County Prosecutor, Bob Parks.

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