Guardala Court Day June 6th UPDATE

This entry was posted on 6/7/2008 8:46 AM and is filed under Guardala News.

Dave Guardala Update 6.7.08

Dave Guardala was in court again yesterday and I did get an email with the days notes. It was not very good news since many of us just want him to go away to prison and and be done with it. Of course we all want our money back but we also want fairies to come and give us uncountable riches too.

The court notes straight from the court papers -

You can read them for yourselves.

Do these minutes contain ruling(s) on motion(s)? YES NO
TEXT
Conference held. . No plea has been reached. The Court will set a trial date. The defense counsel is on
trial until the end of June. 20 potential witnesses need to be prepared many from out of state and some from
Germany; multiple tapes and documents need to be copied. The parties agree they need about 8 weeks to prepare
for trial and have previously arranged travel plans in August. The trial will last 5 weeks. Based on the arguments
presented by counsel the Court will set a trial date of 9/15/08 at 9:30 a.m.. Order of excludable delay entered
based on complexity of the case. To ensure that the time is still needed the Court will set a set status conference
for 7/11/08 at 9:30am..

I guess he is working the process best he can.

Greg Vail -- SAXBOY

Trackbacks

Trackback specific URL for this entry

Trackbacks are closed for this entry.

Comments

Display comments as (Linear | Threaded)

6/7/2008 11:19 AM Jason wrote:
Believe me, Guardala is not playing the system. This IS the system! LOL. Pick a defendant, any defendant . . . and the process would be similar, including continuances and other delays. Five weeks set aside for a trial is unusual and does suggest complex litigation. Not surprising, given the international character of the fraud. Allowing three months for each side to review evidence and interview witnesses in preparation for a trial exceeding one month is not at all unusual. Frustrating, sure. Out of the ordinary, not at all. Guardala may have manipulated his victims, but I see no indication to date that he is manipulating the judicial system.

Looking at the glass as half full, it's very encouraging to have a trial date. If the evidence is flimsy or there are jurisdictional or statute of limitations issues, cases are tossed during pre-trial motions before a trial date is set. That does not appear to be the situation here and that's a good thing for the victims.

Lastly, please bear in mind that Guardala's attempt to sell a non-existent lot of collectible instruments to multiple parties may well be just the tip of the iceberg. The fraud may well be expansive and multifaceted, extending far beyond that one scheme. The state needs to ensure that all victims are fairly acknowledged in how they craft their case. And that could take time - perhaps beyond the fall into winter. It depends on what they uncover through the investigation and interview process.

If this case is being brought by the AG's office, they often have the help of private PI's on contract and/or Interpol. If it has been brought by the state prosecuting attorney, they are working with the local police force and its detectives. While doing this, the attorney assigned the case typically has another two dozen cases or so they are working on -- also preparing for trial or plea agreement. It's better to allow time for preparation and presentation of a solid case than push for a rush to justice with a half-baked case.
Reply to this
6/7/2008 11:21 AM mike wrote:
greg greg greg
i understand your feelings and how you want this all over with; but once again i make the argument that time is working AGAINST guardala. of course you are correct when you say "I guess he is working the process best he can". at least partially correct. his lawyer is obligated to attempt to get a minimum term for dave and is trying his/her best. but the real reason it is taking so long appears to be that the prosecution holds the best hand and that over time that hand is only getting better. imagine if the parties had plea bargained earlier and the german residence had not been searched then the prosecutor would have had a weaker hand.
you have learned a difficult lesson dealing with guardala but now you seem to be having a difficult time learning a lesson about justice; namely it is slow and difficult. BUT THAT IS (mostly) A GOOD THING!
cheer up dude!
Reply to this
6/26/2008 9:49 PM crescent wrote:
Hey Guys,

I really appreciate the responses to the blog. I am glad that others are interested.

I am one of the victims and I can only tell you that my life is very complicated! Just keeping up with the debt I debt have taken on is a full-time job to pay off. Dave has really lured me into a bad situation. I know what some will say -- I am paying the price for my greed and gullibility. But as with many a joke, you have to have been there.

Dave is an amazing salesman. Maybe he can sell his story to the court. My ultimate nightmare is that he will mount a good case and be freed. I don't put it past him. He is a very clever guy.

Do any of the original plaintiffs have a suggestion to how I can help the cause?

Crescent
Reply to this
6/28/2008 8:16 PM Greg Vail wrote:
Hey guys! I am not wishing to hurry anything along. I actually don't care how fast this part is over since Dave is locked up and that was my main goal - stopping the stupid!

I am more frustrated that I am an insider on this one and wish I could go back in time and stop the process that lead to the loss.

The lost money did not exist in my world at all. I borrowed and stole to get the money to Dave and have been living in a financial hell ever since.

The frustration that I would guess you-all are responding to is more with myself and the mistake I made. Dave didn't make me do it. He just offered me a deal that came from an old friend and looked great. I just wish I had never gone there - as do all the victims I would assume.

Dave's failure is Dave's. My failure was encouraged by Dave but is mine. This is my issue. The day to day reminds me of a huge personal failure. The ongoing news coming in and feeling that it will never end is just the easier topic to bitch about than how mad I am at me for being here in the first place.

Sorry but that is the bottom line for me...

Crescent, always appreciate your input - thanks for posting. All you have to do is contact the investigators and give your story> If you have already, just chill and we'll see it to the end soon.

gv
Reply to this
7/7/2008 10:19 PM Cresecent wrote:
Thanks, Greg.

I just fear reliving the nightmare. Well, maybe I'll be too jaded to fully relive the nightmare -- but imagine if Dave is able to beat the system. Scary thought.

Granted if he does, he'll be in the slammer for many a year doing so. But what if he found away to do that with our legal system? Will we find our justice?

Then again, what is justice anyway?

I will say that we are lucky not to be Dave. I can't imagine being that screwed up. So even with our financial hell, we're better off.

Let's not beat ourselves up. Remember that many people both stupid and smart have fallen for his scam. Best to look to the future. We're still strong and employable. That's more than I can say for Dave.

Keep the faith!
Reply to this
7/13/2008 12:28 PM sndtubes wrote:
Has anyone heard of the outcome of the meeting on July 11? I am one of the "silent" victims. I lurk on this board but don't normally post. I'm embarassed, I guess. He got me by selling non-existent vacuum tubes. He's an amazing salesman. I guess that's why they call them confidence men. Has anyone heard if there was ever any assets found? I guess that's wishful thinking. It was very difficult for me to keep talking to him well after I knew he was not legit. I was helping the postal inspector run a reverse scam on Dave promising him money, etc. while the Germans were working on finding him and arresting him. No one was more amazed than I when I got the call he was caught! Burn in HELL, Dave Guardala. I hope he's enjoying the Butt Pirates right at the moment.....
Reply to this