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Hearing It From Frank PDF Print E-mail

June 26, 2009 - Four Days After The Not Guilty Verdict

My apologies to all of you who weren't updated Monday.  Life has been extremely... well, abnormal, to say the least.  Aside from some of us having the flu (not swine Wink), this was the best Monday ever!  I have posted some links below that our supporters will find interesting.  Remember to keep checking back.  Thanks! 

http://tinyurl.com/orgnuu (Frank's 1st interview)

 http://tinyurl.com/qnpvpk (Jacquellyn's 1st interview)

http://tinyurl.com/qve6ds (Post-verdict TV coverage)

Burgundy Fletcher

 
And the Media Circus Continues... PDF Print E-mail

June 24, 2009

This morning the Whites were on the Rick Roberts Show at 7am.  The link isnt up yet, but I will post it as soon as it is available. Frank and Jacquellyn were very eloquent in expressing their feelings about the incident and how it has changed their lives. After the broadcast, Frank expressed remorse that he "forgot" to thank more supporters on air. This brings up one of the subjects of today's post: The Media.

It is unfortunate that when the verdict was read and court was dismissed, we couldnt take the time to thank everyone who had stood by us in the courtroom and in the hallway outside. After 15 1/2 months of slanderous reporting, Frank has a pretty healthy distrust of the media, and didnt want to give a public statement. Big surprise! The media frenzy started immediately, with another, bigger, gauntlet of cameras in the hall. When we got in the elevator, they kept pushing the buttons so the doors wouldn't close. When we finally got downstairs, a camerman started running backwards in front of the Whites and clocked himself on a lamppost at pretty good speed. Instant karma, huh?

I hung back in the throng to make sure that a friend got safely to her car without being harrassed. One of the alternate jurors had parked next to her, and stopped me on my way by.  He had tears rolling down his face and told me that he had prayed for justice everyday and every night and expressed remorse that he didn't get to be a part of deliberations. I hugged him and thanked him. Because of the media, my sister and her husband didn't get a chance to thank this man personally.

Back on the homefront, the news trucks started rolling up, one at a time. Not being a local, but having watched enough of the news lately, I am pretty good at spotting those reporters who were present at our press conference last August, and those who had been in the courtroom. We turned each one away with a polite, "No comment." It began to be humerous when the reporters all called me Jacquellyn. "Oh, I'm sorry, you look just like your sister." Hilarious.  She's tall-I'm not.  She's thin-I'm not. She was the one hugging Frank-not me....what a joke.

One reporter, who shall remain nameless because I don't feel the need to waste my time looking up her station affiliation, tried to play the emotion card with me. After hearing "No comment", she mustered up all the phony concern she could and said, "Can I just say one thing? I mean, he was just declared innocent. You guys should be shouting it from the rooftops." She lowered her eyelids and heaved a big sigh, like I don't know that she practices that artificial empathetic body language in the mirror everyday. I wanted to tell her, "we'll leave it to you to shout it from the rooftops in your twisted and deceitful way. Just like you've been reporting this story for the past year and a half!" But I didn't, I just shut the door.

Later an older gentleman came to the door, again calling me Jacquellyn. When I refused to give him a statement, he handed over his card, shrugged his shoulders, and said, "Sorry." I waited for the rest of his apology, staring him down like only a mother can.  All I heard was "Sorry for everything." Then he scurried away. Like a cockroach when the lights come on.

That said, I would like to express our thanks to everyone. So many people came to court everyday. Some we knew, many we didn't. There is no way for me to mention you all, but I'll try.

To Kim's Mission Cleaners, Oceanside, a HUGE thanks to Mom, Dad, and Sean for taking such good care of us this past year and a half.  Our family could not have looked so good in court without you guys.  We love you! 

To Laurie, Rozell, Mary Elizabeth and Rita, we couldn't have made it through those final days without your hugs and words of encouragement.  You ladies are fabulous!

To Jeanne-what a silent, strong woman you are! It was comforting to us that you were right behind us every, single day, I only wish I could have called you when the verdict came in so you could have shared the joy.

To Theresa, we love the beautiful bracelets you made for us girls; we will treasure them always!

Many thanks go out to Gordon, Kari, Mike W., Mike S., Darbie, Loren B, Brian M., Jade, Dave C., Dave P., Bob G., Pat P., Mickey W., Pete P., Steve S., Patti P., Tina, and Andy. Thank you all for taking the time to support us, coming in on your days off and updating those who couldn't attend.

To the dudes in the back row (you know who you are) once I figured out you were cops, I felt much better Smile thank you for the show of support!

A big thank you to Gary for taking up the last minute security detail!

To all Sheriff's Deputies, Carlsbad Police Department, and San Diego Police Department personnel - thank you, thank you, thank you!!

To the San Diego Police Officer's Association, without your support this trial would have bankrupted our entire family. Thank You.

To the Oceanside Police Department, for all your hard work and scrupulous attention to detail regarding this investigation, we thank you from the bottom of our hearts!

Special thanks to Dan Vega for shutting down the Prosecution's case! Game Ovah!

To Chuck, you were always thinking on your feet! I  know you had some good saves. BTW, your filing skills were quite impressive as well. Thank you!

To Brad, thank you for your hard work outside of the courtroom, wish I could have thanked you in person.

To Retired Officer Dan, my local hero, thank you so much for coming! I know how difficult it is for you to travel-you don't know what your presence meant to our family!

To Miss T, our lucky charm, thank you for sitting on the hard bench with me! For your first and hopefully last courtroom experience, you were awesome! And you look SMOKIN HOT in the newspapers and on TV!

To the DOC (aka Wonder Woman), you are the glue that held us together through the worst crisis our family has ever faced. The drug store runs, the lunches you made, the countless cough drops! You thought of EVERYTHING! You and your amazing bag of tricks! My family owes you a huge debt. Because of you, I have a new appreciation for law enforcement. (you know what I mean). Thank you!

If I left anyone out, I apologize, I may not remember your name, but your faces are etched in our minds forever!

And finally, to Rick Pinckard. YOU DA MAN! Nuff said.

--Shanon Buckingham

 

 

 

 

 
Not Howard Stern. PDF Print E-mail

June 23, 2009

Check out Jacquellyn's "interview" with some radio talk show guy.  Finally, getting to speak a little bit of her mind.  Alright.

http://tinyurl.com/nsz8oy  Be sure you click on the little speaker icon.

 
NOT GUILTY! PDF Print E-mail

JUNE 22, 2009

Frank has been acquitted!  Hooray!  NOT GUILTY!!!  You'll have to pardon us while we do a little celebrating.  Laughing

 
Sunday's News PDF Print E-mail

Sunday, June 21, 2009

As I sit here, on Father's Day, 1,500 miles from my own home and family, I am filled with anger. Anger that we are even in this situation. When we first set up this website, we hoped to use it as a means to drum up nationwide support for our sister and brother-in-law. Hoping to find people who care about this travesty of justice.  Hoping that we could get this case dismissed. Never dreaming that it would come to this.

The end is near. Our family's fate sits in the hands of twelve strangers. Soon, all of our wondering and second guessing will be over. We are doing our best to have faith in our country's legal system. At the same time, I am filled with disgust at the courtroom antics of the prosecutor. This is why I have not had the stomach to update since last week.

Imagine being tied to a chair, with someone screaming the most horrible insults at you and your family, questioning your morals and values.  Calling you liars,  and at the same time telling the most outrageous fabrications himself. Posturing and preening in front of the twelve strangers, who have the power to destroy you and everything you have worked for. Just to further his own career.

Imagine having to sit there, under intense public scrutiny, with a plastic smile on your face, because, god forbid, you might show some emotion that the twelve strangers might misinterpret. It could influence their decision as to whether you live or die a slow death.

This is what really happens in a courtroom. "Inferences" it is called in legal terms. I calling it lying.

It just shows what a morally bankrupt man Jeffrey Dusek is. A fine example of ego overtaking one's sense of right and wrong.

As we wait for the verdict, please remember us. If you can, swing by the courthouse Monday. We will be sitting in the hall, hoping the jury saw through the deceit. Hoping the jury will bring us justice.

Shanon Buckingham

 
Double Standards Dumanis? PDF Print E-mail

http://www.10news.com/news/19774131/detail.html

Day 13, June 17, 2009 (A.M.) 

This is a link to an unfolding case of a teenager whose road raging behavior is no different than Rachel Silva's.  Unlike Silva, he is facing 3 felony counts and 1 that's being investigated.  ??  I guess since this kid doesn't drive with his children in the car (he's only 18 himself), the District Attorney didn't cut him any slack.  WTH?  [Sitting here, dumbfounded]  Feedback welcomed.

Burgundy Fletcher

 
This Trial is Totally Bassackwards! PDF Print E-mail

Days 12, June 16, 2009

I've decided that I watch too much TV.  I've also seen too many movies.  Until recently, I was stupid enough to believe that prosecutors told the truth and put the "bad guys" behind bars.  Boy am I ignorant!

I hope the jury remembers Judge Elias' words from the beginning of the trial.  He said that what the attorneys say is NOT evidence.  That first day I didn't realize the gravity of that statement; now I do.  Mr. Dusek has so many made up theories, I'm not sure which one he is trying to prove to the jury.  It seems Dusek's plan of attack is too distort and convolute the facts and evidence to the point of total confusion, almost like he's trying to create reasonable doubt.  Like a defense attorney.  Remember "if the glove don't fit, you must acquit"?  I know his job is to prove his case beyond a reasonable doubt, but I've been in the courtroom for seven days now and he hasn't proved a thing.  He doesn't even have one scenario of the incident that he is sticking to, unless you count his giant conspiracy theory as one.  He's attacked all defense witnesses including: responding officers, investigating detectives, and even experts in the fields of human behavior, use of force, and police psychology.  As I've said in previous posts, he's attacked several of his own witnesses!  Today he began his attack on my sister, Jacquellyn White.

It has been an exhausting day and it will continue tomorrow.  Yes, it's true.  Baby Sister will get back on the stand in the a.m.  Apparently, 3 1/2 hours of testimony wasn't enough.  Hopefully deliberations will begin tomorrow afternoon.  I'll keep you posted.

Burgundy Fletcher

 

 
The Tide is Turning... PDF Print E-mail

Day 9, June 10, 2009

Frank was excused as a witness early this morning, after answering a few questions from the jury. Next we heard from the Camp Pendleton traffic investigator who was called in by OPD to measure the tint on the windows of both vehicles. Not much there, except for the fact that the rear windows of Silva's car were tinted to block 78% of light shining through. Nearly impossible to see through in a dimly lit parking lot in the dead of night.

Then came the OPD officer who was in charge of recording the sound of the Milan's engine revving. He set Dusek back on his heels when, under cross-examination, was asked, "you've testified before, haven't you?" "Yes sir," he replied. "You know how to sneak things in, don't you?" asked Dusek in a snide tone. "No", the officer replied firmly. Later as Dusek was trying to confuse him about his own report, he responded with, "you're twisting it." The officer then went on to patiently explain the reasoning behind only recording the Milan's engine as a process of elimination, as to which car could be heard revving its engine and squealing on the 911 tapes. Another blow to Dusek.

Pimped Her Ride...

Next up was a certifed Honda mechanic, who testified to the fact that the Honda was equipped with an after market cold air intake system, and a KNN filter. These products are designed to enable the car to run faster, but also makes the sound of the engine more recognizable. He confirmed that the Honda was the car heard revving at approximately 6000rpms, dumping the clutch, thereby launching the car at the Whites. Bravo! Dusek tried to claim that Silva was an inexperienced manual transmission driver, but we all know that inexperienced drivers would stall the car and NOT be able to slam it into gear at such high rpms. Repeatedly. Kee Yah.

Frank's Seargent took the stand and testified that Frank is "not a hothead, who other officers like to work with." BLAM.

An OPD Patrol Seargent, a 13 year veteran, testified that he smelled alcohol on Silva's breath and person at the scene and sent officers to the hospital to request a blood draw BEFORE any pain meds were administered. Due to this officer's 80+ hours of certification as a Drug Recognition Expert, he saw no indication of any intoxication with Frank, so did not order any tests run. Dusek again tried to insinuate that the 3,000(!) page police report filed by Oceanside Police was not "thorough", but failed miserably. POW.

We also heard from an Addictionology Specialist, who testified extensively on the long-term effects of Methanphetamine use. Much to Dusek's chagrine, he stressed that copious amounts of alcohol would only exacerbate the raging mood swings, agression, violence and paranoid psychosis. Hi Yah. 

If They Don't Like It, They Don't Use It...

At the DA's request, a San Bernadino Detective assigned to the High Tech Crime Detail (specializing in computer, cell phone, audio/visual forensic evidence) analyzed the 911 calls to determine the duration (3.5742 seconds) and number (5) of shots fired. Specifically, he was asked to "clean up" the audio files of the 911 calls, but interestingly enough, when it was discovered that Frank is clearly heard saying, "Stop!", the DA's office ignored that information. Dusek gave up on cross-examination in disgust. Kapow.

Another witness apparently cut Silva off in traffic back in 2003. Silva responded by honking, screaming, flailing her arms, and eventually threw a Big Gulp into the teenage girl's car and punched her in the nose. "My nose just exploded in red," the girl testified. This testimony was allowed by the judge because of the similarities between her incident and that of the Whites.

The day ended on a high note with the San Diego Seargent in charge of Force Tactics Training. He testified that drawing a gun is a show of force. Pointing a gun is another show of force, also serving to prepare the officer mentally and physically to use that weapon. The jurors were on the edge of their seats as he explained that recruits as well as seasoned officers are trained that Deadly Force is an appropriate response to a vehicle being used as a deadly weapon. This officer developed the training program that is currently in use in San Diego that specifically deals with eliminating the threat of a moving target. Officers are also trained to shoot at center mass, unless they cant see center mass, such as in hostage situations or when suspects are wearing body armour. He testified that shootings are judged from the perspective of the officer at the time of the incident, without the benefit of hindsight. The Seargent went on to corroborate Frank's testimony from yesterday, almost verbatim. He blew holes in Dusek's entire case, causing Dusek's shoulders to hunch higher and higher around his ears. Wham. 

Today was a good day.

Shanon Buckingham

 
Keep Reaching... PDF Print E-mail

Day 10, June 11, 2009

Sorry for the delay in updating last night. Thanks to everyone across the country who is following the trial and praying for our family.

Yesterday was a very long, stressful day. After the high from Wednesday's testimony from the SDPD Force Tactics Trainer, we had to endure the endless cross-examination and downright disrespectful badgering from the Prosecutor. Dusek started by asking if the trainer's opinions were the same as Chief Lansdowne, or if he was here as an official representative of the San Diego Police Department. Dusek then went so far as to refer to police recruits as "baby cops", and suggested that police officers have a higher than average rate of divorce. Disgusting. At one point, when the officer referred to the actual law regarding self defense, Dusek asked him if was a judge or an attorney, insinuating that we, the citizens of this country, are not qualified to know our rights under the law. He then went on and on, trying to rile the officer by asking repeatedly, "Take the bad guy out?" The officer calmly replied, "stop the threat." I hope the jury saw through Dusek's tactics of insults, lies, and attempts to minimize the situation. "No cuts, no bruises, no scrapes?" Since when does our constitional right to defend ourselves and our property depend on whether we have a cut, or a bump or a scrape?

We heard from the trauma surgeon who treated Rachel Silva when she was brought into the hospital. This doctor was obviously a novice at court proceedings, but clearly stated that he smelled alcohol on her breath and person and that it is standard procedure to run blood and urine analysis on trauma patients. I couldn't believe it when the judge excused the witness and Dusek chimed in with "take your seat, doctor,"  in an unfriendly tone.  How insulting.  Up to then, Dusek had been personally thanking each and every witness, shaking hands and schmoozing them up as they exited the courtroom. I felt bad for the doctor who took his time to give testimony and then was abused in a public forum by a public servant.

The hospital  lab's Chemistry Supervisor was next and she confirmed the test results. Not much there for Dusek to badger her about, so at least she was smiling when she left.

Next up was the private consultant who spent 29 1/2 years in the SDPD crime lab. It was interesting that when he took the stand, Frank's attorney stated he had worked with him extensively in the past, as a prosecutor, then the judge chimed in that he also knew the witness from previous cases, as did Dusek. So why, in the effort to be "thorough", did the Prosecution not call this guy as their expert witness? Once again we are faced with the fact that when the DA's office doesnt like the results of their own investigation, they choose to omit crucial evidence. This witness testified that for Rachel Silva's blood alcohol levels to be .19 one and a half hours after the incident, she would have had to consumed 9.5 drinks by 9pm.  And if she had stopped drinking much earlier in the day, say noon, she would have had to consumed 17.5 drinks to have such high levels at 10:35pm. Now I dont know about any of you out there, but if I had consumed 9.5 drinks, I would have been near comatose, not to mention absolutely unable to rev an engine to 6000rpms and dump the clutch to peel out and launch my car at high speeds. Repeatedly.

The last two witnesses for the day were the OPD Detectives who were in charge of the investigation. Dusek did his best to undermine these witnesses and was rude and disrespectful on every front. I can't help but wonder what effect this trial is going to have on the Peace Officers of San Diego County. How are they ever going to be able to trust the DA's office ever again?

Shanon Buckingham

 

 
Still Our Hero. Frank. PDF Print E-mail
Day 8, June 9 

The courtroom was packed again today with many supporters that we don't even know.  It's amazing and we are so touched that complete strangers are taking time away from their lives to come down and support our family.  Many thanks to you all!

First, we (not the jury though) heard from ANOTHER  victim of Rachel Silva's. He is an older gentleman, retired from the police force sine 1978, due to an injury he suffered during an arrest. Around March 8, 2008,he was pulling into a gas station and took the last available pump. Getting out of his car, he heard someone laying on their horn and screaming obscenities. To his shock, an enraged female driver started ramming the back of his car with hers. She wasnt able to damage his Jeep since she was hitting his trailer hitch. Next, the woman got out of her car and approached him in a very threatening manner with her "hands in fists with her chest thrust forward" and told him, "I got my kid in the car-move that fu%$ing thing!" The man was frightened because he knew with his disability there was no way he could defend himself. He decided to go around her to pay for his gas. The woman continued to scream profanities and even bumped him in the chest several times. The angry woman jumped in her car and drove away.  Two ladies drove up after to ask if he was alright and say they had gotten the woman's license plate.  He never knew who the angry woman was. As with the witness from yesterday, this man recognized her on the local news after the events of March 15th. As we predicted yesterday, the judge ruled both incidents as prejudicial, so the jury will never hear about Rachel Silva's terrorizing and assaultive behavior behind the wheel. Big surprise.

Finally, the moment we've all been waiting for "The Defense calls Frank White."

Frank is truly our family's hero.  For the first time, we heard from his own mouth, the reasons behind his actions that fateful day. We heard that our sister's safety was one of his main priorities.  His plan was to maintain a slow speed and drive with her side of the car next to the parking lot's wall divider, hoping the threatening driver would think they had "made their point" and drive away. What a man! We are so thankful for Frank; thankful that he and our sister are both alive due to his quick thinking and police training. 

Dusek, one of San Diego's four Chief Deputy District Attorneys, is throwing everything at the wall he can, trying to see what sticks.  He cross-examined Frank all afternoon, about three and a half hours.  This guy is a master at getting people to change their testimony.  We are starting to think that by the end of the trial he may get a witness to second guess that they know their own name.  Dusek's even using opposing tactics to rattle Frank.  Such as: Frank's an inexperienced, rookie cop who panicked vs. Frank's a trained officer who misjudged a not really dangerous situation, or Frank was randomly pointing his gun and could have shot anyone in the entire parking lot vs. Frank shot all five bullets to center mass of the driver.  It's understandable Dusek's faltering; Frank knows the truth about that night last March.  He lived it and won't ever forget it.

Shanon and Burgundy

 

 
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