View Full Version : Exculpatory edvidence
JOSERD
Jun 30, 2007, 09:54 PM
To whom it may concern:my question is prosecutor assign to my case keeps telling my public defender that video tapes/police cruiser video tapes as well as other edvidence that's in my favor are for a fair speedy/public trial that edvidence are not available to me the defendant nor my public defender,what can I do about this sitituation,I am not going to plea guilty to something I didn't do.is there an appropriate governing body that I can contact so that I might be able to explain my problem so that I may get some type of support,it seems like my sixth amendment is being deprive as well as other admendments that I am entiltle to.please reply,thank you:confused:
excon
Jul 1, 2007, 05:30 AM
Hello again JO:
IF there is evidence that the prosecutor is refusing to turn over to you, he is committing reversible error. That means, even if you are convicted, you have very good grounds for appeal.
Of course, if your attorney WON'T demand the evidence, then you need to fire your attorney, as we discussed last time.
Let me say this again to you. There is NO government agency out there to help. NONE. Your lawyer is the only defense you have.
excon
Fr_Chuck
Jul 1, 2007, 08:58 AM
First if there is such evidence ( but again most police cars don't use or have video tapes, and the few that do, only show out the very front window and normally do not show much of anything that happens to the side.
And even those police cars that do have cameras, often the officers never turn them on, they get busy with doing a stop or they think a stop will be a dull non event and don't turn them on.
So if you are just assuming there are tapes, I would say only about 1 in 4 have or use tapes during stops. So unless you know there was a tape, it is likely there is not.
Your attorney as excon said is your only hope, the DA and the police think you are where you need to be, so they are not going to help
excon
Jul 1, 2007, 09:21 AM
Hello again JO:
You're looking for a governmental agency to help you secure your Constitutional rights. Believe me, dude, I understand. You NEED them secured. Cool.
I have good news for you. You already ARE dealing with a governmental agency. It's the perfect agency too, because it's the very one that is charged with the responsibility of making sure your Constitutional rights ARE secured. That agency in the judicial branch of the US government. In fact, they're the BEST governing body to deal with it, because they do it all the time. Plus, they have the POWER to make sure your rights ARE secured.
YOUR job is to make sure that that agency knows what is happening in your case. Your LINK to that agency (your ONLY link) is your LAWYER. IF your lawyer won't present the facts and argue for you IN FRONT OF THAT AGENCY, then you're out of luck. You have no other place to turn, OTHER than that agency. That's just the way it is.
But, hold on, dude. That's NOT BAD!! That's GOOD!! Because those people in that agency, the judges, for the most part DO their job. So, if you don't think your case will be presented to the judge the way you want it to, then you MUST fire your lawyer. You MUST have a guy representing you that you trust. You are ENTITLED to that under the Constitution. IF you demand it, it will happen.
Therefore, the place to demand that the prosecutor turn over any evidence he has IS IN FRONT OF A JUDGE WHO CAN ORDER THEM TO DO IT! You don't do it before trial. You don't do it yourself. You hire the right attorney and let him do his job.
excon