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[FONT="]Apparently the Spota/McPartland case has been reassigned to Judge Azrack; next date April 12th @ 1:45.[/FONT]
Court
- Thread starter ps149
- Start date
Which case is the May date for?
fred&edna
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SG's 911 call tape/transcript
Go here:
https://iapps.courts.state.ny.us/webcivil/FCASSearch
And enter this index number:
033683/2012
Is this about the 911 tapes, or Hackett's wrongful death case?
Is the public allowed to attend?
Anybody planning on attending?
fred&edna
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Releasing the 911 tape/transcript is part of JR's case against Hackett. So, one and the same (basically).
I have no idea if the conference meetings are public.
Also, I don't know why JR (and/or a news outlet) is not giving us some info on what's happening. (Maybe, "legally" he can't... ???)
fred&edna
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March 7
Headline: Judge Orders SCPD To Turn Over Shannan Gilbert’s 911 Tape
https://www.longislandpress.com/2018/03/07/judge-orders-scpd-to-turn-over-shannan-gilberts-911-tape/
Two months of legal wrangling on just this issue alone.
Headline: Judge Orders SCPD To Turn Over Shannan Gilbert’s 911 Tape
https://www.longislandpress.com/2018/03/07/judge-orders-scpd-to-turn-over-shannan-gilberts-911-tape/
Two months of legal wrangling on just this issue alone.
Newspaper article excerpt:
We need those tapes in order to advance our case, Ray argued at Suffolk Supreme Court in Riverhead. Besides Gilberts 23-minute call in which she reportedly told a 911 operator theyre trying to kill me, Ray is also seeking records of 911 calls made by Brewer and two other Oak Beach residents, Barbara Brennan and Gus Coletti, on the night of Gilberts disappearance.
Ray told the court that detectives may be trying to hide information relating to this case an allegation that the countys defense attorney denied.
Elaine Barraga, who represented Suffolk police, said that releasing the tapes would conflict with the open investigation, but there has been certainly no effort in trying to hide or fudge information.
Berland also questioned whether the investigation would be compromised by the release of the tapes.
By not being the homicide detective or having that expertise, I can only rely on what the detectives are telling me, Barraga said of her argument that the investigation would be compromised by releasing the tapes.
I find the last statement by Elaine Barraga, the SCPD lawyer quite significant. " I can only rely on what the detectives are telling me."
It implies Barraga has not heard the tapes either.
To me that means the SCPD really has something to hide. I thought that the SCPD would let Barraga hear the tape and they would be protected by Client-Lawyer Privilege.
Then I discovered that rules of Privilege have exceptions:
"Because the attorney-client privilege belongs to the client, the clients intent determines whether the exception applies. Most courts will apply the exception even if the attorney had no knowledge of, and didnt participate in, the actual crime or fraud.
The crime-fraud exception applies if:
the client was in the process of committing or intended to commit a crime or fraudulent act, and
the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up."
So if the tapes show the SCPD is committing a crime or fraud or cover-up, the SCPD cannot let Barraga hear them as she could be forced to disclose those crimes.
This is only my opinion and interpretation of what I believe is happening.
We need those tapes in order to advance our case, Ray argued at Suffolk Supreme Court in Riverhead. Besides Gilberts 23-minute call in which she reportedly told a 911 operator theyre trying to kill me, Ray is also seeking records of 911 calls made by Brewer and two other Oak Beach residents, Barbara Brennan and Gus Coletti, on the night of Gilberts disappearance.
Ray told the court that detectives may be trying to hide information relating to this case an allegation that the countys defense attorney denied.
Elaine Barraga, who represented Suffolk police, said that releasing the tapes would conflict with the open investigation, but there has been certainly no effort in trying to hide or fudge information.
Berland also questioned whether the investigation would be compromised by the release of the tapes.
By not being the homicide detective or having that expertise, I can only rely on what the detectives are telling me, Barraga said of her argument that the investigation would be compromised by releasing the tapes.
I find the last statement by Elaine Barraga, the SCPD lawyer quite significant. " I can only rely on what the detectives are telling me."
It implies Barraga has not heard the tapes either.
To me that means the SCPD really has something to hide. I thought that the SCPD would let Barraga hear the tape and they would be protected by Client-Lawyer Privilege.
Then I discovered that rules of Privilege have exceptions:
"Because the attorney-client privilege belongs to the client, the clients intent determines whether the exception applies. Most courts will apply the exception even if the attorney had no knowledge of, and didnt participate in, the actual crime or fraud.
The crime-fraud exception applies if:
the client was in the process of committing or intended to commit a crime or fraudulent act, and
the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up."
So if the tapes show the SCPD is committing a crime or fraud or cover-up, the SCPD cannot let Barraga hear them as she could be forced to disclose those crimes.
This is only my opinion and interpretation of what I believe is happening.
It looks like another conference is scheduled tomorrow in front of Judge Berland regarding the release of the 911 tapes. It is my personal opinion that these tapes contain information that will be shocking to most of the public and detrimental to the SCPD. I am led to this belief by the fact the SCPD has fought so hard, not to have these tapes made public.
I would not be surprised if the tapes were not released again.
fred&edna
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You could be correct in your beliefs.
Sadly, I think all these conferences have been filled with excuses by the SCPD - tape/transcript doesn't exist. Tho it would be nice if my opinion is wrong.
A member of LE said the tapes will not be released.
He said "over my dead body".
I don't remember who said it.
I believe he has an Irish last name.
It might be the idiot that said Jessica Taylor and Jane Doe killings in Manorville were not connected.
He said "over my dead body".
I don't remember who said it.
I believe he has an Irish last name.
It might be the idiot that said Jessica Taylor and Jane Doe killings in Manorville were not connected.
SageRhiannon
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Fitzpatrick?
Do you have any idea what happen on the 5th?
fred&edna
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It doesn't tell me anything on the website except it was "adjourned" (just like the two previous dates)... another date is scheduled 6/19/18.
Oral arguments related to the call were "held" (I assume the attorneys actually argued their sides... again, jmo) on two conferences in March.
The two conferences in May were "adjourned"
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I wonder if there will be any good news today?
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Don't count on it.
I know John Ray is getting a writ from the Judge
to be able to depose Pak.
As I mentioned, he asked me for Pak's address on June 1.
BUT SINCE JUNE 1 - there has been drama OFF THE
FREAKING CHARTS with Meester Pak o lies.
OH MY GOD
NON STOP DRAMA
he's a real DRAMA queen, but you didn't ask me.
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I, for one, would like to know why
Ray Tierney (AUSA EASTERN)
did not charge
Brewer, Pak and Diaz with Mann Act.
And, for the record, the Feds have more power than SCPD
and have the power to request that 9-1-1 call.
SO?????? WHAT GIVES RAY TIERNEY, eh?
Ray Tierney (AUSA EASTERN)
did not charge
Brewer, Pak and Diaz with Mann Act.
And, for the record, the Feds have more power than SCPD
and have the power to request that 9-1-1 call.
SO?????? WHAT GIVES RAY TIERNEY, eh?