gitana1
Verified Attorney
- Joined
- May 31, 2005
- Messages
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Evidence LE is refusing to share with a person involuntarily detained in jail.
I'm not a lawyer but I already have 3 appeals planned, and lots of reasonable doubt. If the charges are supported by witness affidavits alone, then I still smell Swiss cheese and a weak case.
I am a lawyer and I can tell you that the CBI and FBI don't present a weak case to the DA. And the DA wouldn't file such a case, especially with no body.
They have to have powerful evidence in order to file in a no body case. Understand that the district attorney is an elected position. So they're careful with how they do things. These aren't light decisions. If they make a stupid mistake and charge with a weak case, that can mean the end of their career.
There is a process to giving evidence to the defense. That's right. It's not just handed to a defendant in jail. But it is given to the defense counsel and they have already received the arrest affidavit by now, which contains probable cause evidence and a packet of the discovery that is available to be released. Much is still being tested or waiting to be tested and other probably hasn't been put together yet.
Yes, there are often problems with the defense getting evidence in a timely manner but they will ultimately get it all.
Everything the state has is going to be handed over.
This isn't a game whereby the state makes up charges and throws everything at the wall to see what sticks. Cases in which an innocent man is charged and convicted are rare, with the exception of faulty eye-witness, mistaken identity cases where they blame the wrong person. And usually those are cases where the suspect is black.
This case doesn't have to do with a witness identifying a guy the police found walking near the scene of a crime. Or who shared the same name as a suspect. Or looked similar. Or whatever.
It's about two weeks at minimum of dedicated police work by top notch state and federal agencies who have incredible technological resources at their hands.