PILOT SPIN

Spin Zone => Spin Zone => Topic started by: Mase on June 09, 2016, 07:08:02 PM

Title: Prosecutor Withheld Exculpatory Evidence...
Post by: Mase on June 09, 2016, 07:08:02 PM
..in the Freddie Gray cases, says the Judge:

https://gma.yahoo.com/judge-finds-prosecutors-withheld-evidence-freddie-gray-officer-154226833--abc-news-topstories.html (https://gma.yahoo.com/judge-finds-prosecutors-withheld-evidence-freddie-gray-officer-154226833--abc-news-topstories.html)

" The judge overseeing the trial of a police officer charged with murdering Freddie Gray has determined that prosecutors withheld information that would have been beneficial to the defense.

Judge Barry Williams was visibly angry in the Baltimore court, but he did not dismiss the charges against police officer Caesar Goodson, as his attorneys had requested. Williams is giving prosecutors until Monday to disclose any other relevant evidence they have withheld. Goodson was the driver of the van during the arrest of Gray, 25, last year. "
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Jaybird180 on June 10, 2016, 05:20:08 AM
The article reveals, untruthfully though a deep flaw in our criminal justice system. Exculpatory evidence is often a subjective thing and prosecutors have to walk a fine line in determining what is sent over the fence or not. This ruling is media grandstanding in the wake of the lawsuit against the States Attorney, which regrettably though a good tactic for these officers, will also have the effect of chilling other States Attorneys in prosecuting rogue police officers....dang! And I thought we were making progress in the fight against police brutality.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: PaulS on June 10, 2016, 05:32:26 AM
The article reveals, untruthfully though a deep flaw in our criminal justice system. Exculpatory evidence is often a subjective thing and prosecutors have to walk a fine line in determining what is sent over the fence or not. This ruling is media grandstanding in the wake of the lawsuit against the States Attorney, which regrettably though a good tactic for these officers, will also have the effect of chilling other States Attorneys in prosecuting rogue police officers....dang! And I thought we were making progress in the fight against police brutality.

The prosecution should be required (and is required I believe) to send all evidence over the fence.  The penalty for the prosecution should be severe if they are caught not doing so.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Little Joe on June 10, 2016, 05:39:37 AM
The prosecution should be required (and is required I believe) to send all evidence over the fence.  The penalty for the prosecution should be severe if they are caught not doing so.
Is there any sort of reciprocal requirement where the defense has to provide evidence to the prosecution?  After all, fair is fair.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Bob Noel on June 10, 2016, 06:28:24 AM
Is there any sort of reciprocal requirement where the defense has to provide evidence to the prosecution?  After all, fair is fair.

No.  It's not the defense's responsibility to prosecute.

Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: JeffDG on June 10, 2016, 07:19:01 AM
Is there any sort of reciprocal requirement where the defense has to provide evidence to the prosecution?  After all, fair is fair.
Depends on the state.  Some states have reciprocal discovery.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: PaulS on June 10, 2016, 07:36:25 AM
Is there any sort of reciprocal requirement where the defense has to provide evidence to the prosecution?  After all, fair is fair.

I'm not a lawyer Joe, but I believe it is a right to not incriminate yourself.  Although I do believe you are not allowed to spring things on the prosecution at trial, but again, not a lawyer here.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: nddons on June 10, 2016, 08:43:31 AM
The article reveals, untruthfully though a deep flaw in our criminal justice system. Exculpatory evidence is often a subjective thing and prosecutors have to walk a fine line in determining what is sent over the fence or not. This ruling is media grandstanding in the wake of the lawsuit against the States Attorney, which regrettably though a good tactic for these officers, will also have the effect of chilling other States Attorneys in prosecuting rogue police officers....dang! And I thought we were making progress in the fight against police brutality.
And here I thought you would want justice under the law, not a lunching by a rogue prosecutor. I must be mistaken.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Jaybird180 on June 10, 2016, 01:30:56 PM
And here I thought you would want justice under the law, not a lunching by a rogue prosecutor. I must be mistaken.
Having a bit of trouble at the end of the work day parsing your sentence sir.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Little Joe on June 10, 2016, 01:45:34 PM
Having a bit of trouble at the end of the work day parsing your sentence sir.
Perhaps if he said "lynching" instead of "lunching" it would have made more sense.  Who has lunch at a lynching?
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: bflynn on June 10, 2016, 04:59:27 PM
A prosecutor who fails to turn over any evidence to the defense should no longer be a prosecutor.  They have betrayed a public trust and shown themelves to be untrustworthy.

It is the prosecutor's job to prove a case. If there is evidence that might show innocence then they should not be bringing the case in the first place.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: JeffDG on June 10, 2016, 06:20:09 PM
A prosecutor who fails to turn over any evidence to the defense should no longer be a prosecutor.  They have betrayed a public trust and shown themelves to be untrustworthy.

It is the prosecutor's job to prove a case. If there is evidence that might show innocence then they should not be bringing the case in the first place.
I am of the opinion that a prosecutor who does this should be subject to such punishment as they sought to impose upon the defendant.  Might also limit the "overcharging" epidemic.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Number7 on June 11, 2016, 04:06:35 PM
A prosecutor who fails to turn over any evidence to the defense should no longer be a prosecutor.  They have betrayed a public trust and shown themelves to be untrustworthy.

It is the prosecutor's job to prove a case. If there is evidence that might show innocence then they should not be bringing the case in the first place.

It would seem that only cases where political correctness is at stake is there much of a danger of prosecutors playing on the wrong side of the law. Certainly when pursuing criminal cases, the state should - must remain above suspicion or the entire facade of fairness is destroyed. The whole prosecution was all about black versus white and now that the state has been shown to be lying from the start, it hurts the case for justice in the eyes of the public.
Title: Re: Prosecutor Withheld Exculpatory Evidence...
Post by: Jaybird180 on June 13, 2016, 09:37:48 AM
Perhaps if he said "lynching" instead of "lunching" it would have made more sense.  Who has lunch at a lynching?
Apparently you're not aware of the fact that lynchings in America were social gatherings.