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Law question: penalties for withholding exculpatory evidence?

Posted on 4/16/16 at 11:20 am
Posted by Rouge
Floston Paradise
Member since Oct 2004
138845 posts
Posted on 4/16/16 at 11:20 am
Watched cool episode of forensic files last night

Woman convicted for poisoning man with LSD in his jello. Funny, I know.

Well, the initial screening testing positive for LSD. However, manufacturer claims it to be only a screen and that confirmatory test is required.

DA had confirmatory test done. Test came back negative for LSD, and info was not transferred to defense.

Woman sat in jail for 7 years until she received a new lawyer for her first appeals hearing. She actually agreed to a deal on manslaughter and time served due her distrust of the system.

I think it is obvious that she got paid, but a ton of people should be disbarred and/or go to jail for this coverup.
Posted by BigPerm30
Member since Aug 2011
32432 posts
Posted on 4/16/16 at 11:24 am to
The prosecuters have to read your shitty posts for the rest of eternity as a penalty.
Posted by Stacked
Member since Apr 2012
5675 posts
Posted on 4/16/16 at 11:27 am to
I focus mainly on bird law cases so take all this with a big grain of salt.

Why did her lawers not have the confirmatory test done independently from the DA?

If not have there own test done, were her lawyers never curious why the results from that confirmatory test the DA was having done never did come back in?

If they were unaware the tests were being done at all (again, why are they not having it tested also) and the evidence was never entered into court, aside from being a pretty big dick move, I'm not sure her lawers are obligated to know.
This post was edited on 4/16/16 at 11:38 am
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28927 posts
Posted on 4/16/16 at 11:28 am to
I've eaten electric jello, still kickin'. Just how did the guy die from LSD?
Posted by Fishwater
Carcosa
Member since Aug 2010
6077 posts
Posted on 4/16/16 at 11:32 am to
A prosecutor in Texas lost his law license and I believe is facing criminal and civil penalties because of the Brady violate.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138845 posts
Posted on 4/16/16 at 11:34 am to
Valid point, shiner

What got case rolling again was idiotic coroner listing cause of death as "acute LSD intoxication"

First attorney was quite incompetent, apparantly
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 4/16/16 at 11:34 am to
Mona Lisa Vito told me "It's called disclosure, ya dickhead."
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38371 posts
Posted on 4/16/16 at 11:37 am to
prosecutors do it all the time and rarely get punished. State bars always roll over and defer to the DAs and the law is hesitant to punish them for 'doing their job.' Only lately are we seeing any of them face blowback for it and even then it's in the most egregious of instances.
Posted by BottomlandBrew
Member since Aug 2010
30204 posts
Posted on 4/16/16 at 12:27 pm to
How the hell do you kill someone with LSD? I thought the lethal dose was astronomically high? I guess you could give it to them and have them have a panic attack that causes cardiac arrest or wreck a car or something.
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 4/16/16 at 12:34 pm to
ya put the jackoff lawyer in the klink for 7 years and see how he likes it...fukkin azzholes...
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 4/16/16 at 12:37 pm to
quote:

Mona Lisa Vito told me "It's called disclosure, ya dickhead."

I believe disclosure is during the pleadings...
we don't know where in the process the confirmation was done...
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 4/16/16 at 12:38 pm to
quote:

Just how did the guy die from LSD?

Especially after it was confirmed NOT to be LSD ?!?! eh?!
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 4/16/16 at 5:26 pm to
bump

just in case there are fresh minds from last nights discussion that slipped into sleepy heads
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 4/16/16 at 11:07 pm to
Criminal - Duke lacrosse prosecutor?

Wal-Mart in Tennessee, civil case. Paid $18 million for withholding discovery.
Posted by LoveThatMoney
Who knows where?
Member since Jan 2008
12784 posts
Posted on 4/16/16 at 11:09 pm to
I'm fairly certain the model code of ethics requires the revelation of exculpatory evidence
Posted by Titus Pullo
MTDGA
Member since Feb 2011
28567 posts
Posted on 4/17/16 at 1:30 am to
I've always heard that you can't OD on LSD and the only way to detect it is in the spinal fluid, but I was probably tripping when someone told me that so it's probably just bullshite urban legends.
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