Narseal Batiste's new appointed lawyer, Ana Jones, came out swinging today -- filing an emergency motion to keep Channel 4 from running a story about the video and audio clips from the discovery in the Miami 7 "terrorism" case. Reporter Brian Andrews, during the story, says that Channel 4 obtained over 20 CDs containing the video, audio, and still pictures. The story doesn't say how he got this material, but this (copying numerous CDs) is usually the way the Government discloses discovery to the defense. I can't imagine the defense gave these materials to the press, so I leave it to you to figure out who did.
I haven't seen Jones' motion, so I don't know the grounds she alleged to keep the news from running a story, but Judge Lenard denied the motion from the bench and the story ran tonight on Channel 4. Here it is. The video is on the right side of the page. Or click here.
UPDATE -- perhaps I spoke too soon. After this report aired, the Government filed a motion asking Judge Lenard to conduct an inquiry as to who on the defense leaked the discovery. The motion says that it did not leak and that the copy service has only released the discovery to the defense lawyers... I still say no way the defense leaked. So based on the Government motion, I predict the copy service, despite its protestations, made a mistake and distributed it.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
2 comments:
When I wrote in a quoted the Ethics rules relating to pretrial disclosure, you laughed. Now that you all are beginning to realize that the government is willing to engage in the lowest forms of behavior, you should open your eyes a bit.
Do we really want a government that acts like the "Ministry of Love" and talks in double speak? How does anybody justify the overreaching and disguisting tactics employed when the government has a weak case? This is a joke, somebody should conduct an investigation into the leak.
David, one of the stories your blog seems to have missed out on is the fact that the terrorism charges against the two muslim kids that had cell phones and cash have been dropped. Why don't you follow up on that?
What a jerk. Just because some prosecutors indict family members to coerce pleas, threaten prosecution to those who don't want to cooperate and did nothing wrong, and because we hold all the cards and still deal from the bottom of the deck...doesn't mean all prosecutors fit into the same mold.
Gosh...
I am pulling your IP address so I can explain this to you personally!
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