tag:blogger.com,1999:blog-8597101.post116480187311891459..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Trial by ambush: Lack of pretrial discovery for defense thwarts justiceGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8597101.post-19533490629284611232009-03-09T23:34:00.000-05:002009-03-09T23:34:00.000-05:00I am the poor soul that lived 6 months in the "Har...I am the poor soul that lived 6 months in the "Harris County Hilton". The injustice that i had to live through is at best, indescribable. My attorney, Stacey Bond had every conceiveable point of evidence to prove my innocence, but it was still to the ADA to prove that irrefutible evidence as false. Yes, the case was dropped before trial because the ADA did not have sufficient evidence to prove that an innocent man was guilty. But the impact that I spent the equivalent of my life savings to "PROVE MY INNOCENCE" is still my burden to bear. It is now 4 years later, I have not been "PONTED TO AN ACCESSORY" to the original crime, and have had to make my life over. It is sad that there were no repercussions that I could have levied on the ADA or DA for that matter, but then life as I live it is, "you reap what you sow and what goes around comes around". Chuck Rosenthal got his comeuppance as well as some of his cronies, so some justice was served. I am doing well, after many months of describing how "you are guilty until proven innocent, and you do not stand a chance if you cannot provide counsel for yourself!!!!!<BR/><BR/>Justice is a 7 letter word that must be purchased as far as I am concerned!!!<BR/><BR/>Gary ScalesAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-47394120216504481992007-04-02T01:10:00.000-05:002007-04-02T01:10:00.000-05:00When did D.A.'s get to choose when they could and ...When did D.A.'s get to choose when they could and couldn't disregard the Due Process clause? <BR/><BR/>The whole reason for Discovery is for DA's to turn over all evidence relevent to the case they plan to put on. The defense is not supposed to have any "surprises" sprung on them at trial. <BR/><BR/>Why don't we just skip the "presumed innocent" and the "fair trial" and go straight to the sentencing portion?<BR/><BR/>DionneDionnehttps://www.blogger.com/profile/00144918855837578775noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165169239012983372006-12-03T12:07:00.000-06:002006-12-03T12:07:00.000-06:00I'm the only attorney in Hale and Swisher counties...I'm the only attorney in Hale and Swisher counties that is being denied access to the open file policy our recently elected district attorney maintains for all other attorneys. The AG has yet to order disclosure of police reports in any of my cases. And the DA has called at least two police departments or their city attorneys asking that I be given no access to anything, including videos, dispatch logs, radio chatter, offense reports, etc. An ADA in the DA's office has actually told me that she's read the offense report in one case and can assure me that the traffic stop was legal. I guess I'm supposed to associate share my court-appointed lawyer fee with her and the District Attorney's office when, and if, I decide to recommend a plea offer to my client, right?<BR/>As to anonymous's protection of the police. Federal law requires the DA to be responsible for exculpatory evidence in the files of the police and any other agency that is considered part of the prosecution team. If the police are not sharing with the DA, the DA should not prosecute the cases. And the DA can lose his license to practice law over Brady violations. I agree with the others, it's past time to get Texas on the same justice page. An open file policy eliminates most Brady violations. A closed file policy encourages them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1164908730757232912006-11-30T11:45:00.000-06:002006-11-30T11:45:00.000-06:00When was the last time a District Attorney was re-...When was the last time a District Attorney was re-elected on the baiss of his/her performing their constitutional duties of "seeing that justice is done"? DA's are re-elected on conviction rates and sentencing practices for felons - jail and prison time dispensed or recommended. Requesting the dismissal of a capital murder or robbery or assault or burglary case because of mistaken identity or other information in which innocence is likely is not soemthing that DA's desire to do.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1164824613156477742006-11-29T12:23:00.000-06:002006-11-29T12:23:00.000-06:00Besides constitution prosecutorial misconduct whic...Besides constitution prosecutorial misconduct which could result in the conviction or sentence being overturned on appeal or post-conviction review, this problem may also violate due process because a defendant must have the opportunity to explain or deny the evidence against him, which in some cases might require the exculpatory evidence the state has in its possession. And the state, which has the material in its possession, should be the party with the responsibility to turn it over.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1164814892226001022006-11-29T09:41:00.000-06:002006-11-29T09:41:00.000-06:00The police see no need to share exculpatory eviden...The police see no need to share exculpatory evidence with the prosecution, so why should the prosecutors be any different? No prosecutors will go to jail for concealing evidence which would free the innocent simply because the police will protect them, and judges dare not take on the police head to head.<BR/><BR/>The police will be more aggressive in suppressing evidence -- such as scaring witnesses into going into hiding, or silencing them by putting them into hiding by framing and locking them up.<BR/><BR/>The police can create evidence out of thin air by through the Prisoner's Dilemma scheme, fabricating charges and evidence so they can threaten someone with prison if they don't let the police play puppeteer.<BR/><BR/>The police, and their agents, the prosecutors, have an immense budget of money, manpower, and resources, that easily overwhelms almost everyone in their path. The few times they lose it is due to their own stupid bungling.<BR/><BR/>The next time you hear the word 'fair' in this system, give a sickly grin.Anonymousnoreply@blogger.com