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Message

re: NY Man freed after 24 years of incarceration due to DA dishonesty

Posted on 5/9/17 at 6:44 pm to
Posted by Dave lsu 89
B.R,/ Houston
Member since Jun 2016
3879 posts
Posted on 5/9/17 at 6:44 pm to
I'm a NON ATTORNEY! , buthe I didn't think there was a statue on certain crimes, such as murder?
Posted by Dave lsu 89
B.R,/ Houston
Member since Jun 2016
3879 posts
Posted on 5/9/17 at 6:46 pm to
Agree, prosecutital misconduct?
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 5/9/17 at 6:50 pm to
Remove the statute of limitations on shite like this and make them personally liable.

Only way.

So beyond fricked up.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82376 posts
Posted on 5/9/17 at 7:05 pm to
quote:

I'm a NON ATTORNEY! , buthe I didn't think there was a statue on certain crimes, such as murder?


Murder usually doesn't but I assume perjury does.
Posted by northshorebamaman
Mackinac Island
Member since Jul 2009
38567 posts
Posted on 5/9/17 at 7:15 pm to
quote:

Remove the statute of limitations on shite like this and make them personally liable.

I agree. It's ridiculous that they can basically obfuscate themselves into immunity.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70176 posts
Posted on 5/9/17 at 7:20 pm to
Some shady shite.

I just wonder if he is guilty or innocent.
Posted by PawnMaster
Down Yonder
Member since Nov 2014
1673 posts
Posted on 5/9/17 at 7:21 pm to
quote:

I am guessing that prosecutions for that are exceedingly rare: 1)Because the person who decides to prosecute are your old DA buddies 2)Because it makes the whole office look bad 3)Some of the people working in that office might still be working for NYC and don't want to be exposed, especially if they're elected. Or worse they moved up in the world and are now judges, etc.


4) all the other people that DA prosecuted would be able to appeal their case.
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 5/9/17 at 7:30 pm to
quote:

The Duke U rugby rape case is what opened my eyes.


People on the OT are always saying you should not be afraid of cooperating with the police if you have not done anything wrong, yea sure!
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 5/9/17 at 8:15 pm to
quote:

I'm going to bet he's still guilty but the only way to convict is through improper means.


It's a DA's job to prove guilt, not ensure it.
Posted by Spankum
The Sip
Member since Jan 2007
63288 posts
Posted on 5/9/17 at 8:20 pm to
quote:

what’s known as a material witness order, a powerful, discretionary tool used by prosecutors to hold reluctant witnesses in custody until they agree to testify.


what kind of fricking bull shite is this?...sounds like something you would find the KGB doing in Russia...

I have never heard of such shite.
Posted by northshorebamaman
Mackinac Island
Member since Jul 2009
38567 posts
Posted on 5/9/17 at 8:22 pm to
quote:

Without clicking I'm going to bet he's still guilty but the only way to convict is through improper means.
quote:

DAbully

Checks out
Posted by NYNolaguy1
Member since May 2011
21842 posts
Posted on 5/9/17 at 8:38 pm to
quote:

what kind of fricking bull shite is this?...sounds like something you would find the KGB doing in Russia...



quote:

1. A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn to by the applicant, demonstrating reasonable cause to believe the existence of facts, as specified in subdivision one of section 620.20, warranting the adjudication of such person as a material witness.
2. If the court is satisfied that the application is well founded, the prospective witness may be compelled to appear in response thereto as follows:
(a) The court may issue an order directing him to appear therein at a designated time in order that a determination may be made whether he should be adjudged a material witness, and, upon personal service of such order or a copy thereof within the state, he must so appear.
(b) If in addition to the allegations specified in subdivision one, the application contains further allegations demonstrating to the satisfaction of the court reasonable cause to believe that (i) the witness would be unlikely to respond to such an order, or (ii) after previously having been served with such an order, he did not respond thereto, the court may issue a warrant addressed to a police officer, directing such officer to take such prospective witness into custody within the state and to bring him before the court forthwith in order that a proceeding may be conducted to determine whether he is to be adjudged a material witness.



LINK
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 5/9/17 at 8:41 pm to
OT attorneys, is this criminal?
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