tag:blogger.com,1999:blog-9615048.post2387507866928868990..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Is 10 days in jail sufficient for someone who sent an innocent man to jail for 25 years?David Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-9615048.post-43051033780375382462013-11-12T15:25:24.838-05:002013-11-12T15:25:24.838-05:00Gents:
At least he got disbarred, which means th...Gents: <br /><br />At least he got disbarred, which means that the system is free of this man engaging in the same conduct ever again. <br /><br />I've never understood playing games/holding back discovery. First, I would not be able to sleep at night thinking about the sh-tstorm I could be setting myself up for. Second, it is far easier to disclose and then litigate the merits/relevance of the material via motion in limine. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-66154164348640961892013-11-12T06:27:06.146-05:002013-11-12T06:27:06.146-05:00He should get the amount of time the guy he framed...He should get the amount of time the guy he framed got. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-6449008760530231982013-11-11T21:50:49.511-05:002013-11-11T21:50:49.511-05:00legal professionals should be accountable for thei...legal professionals should be accountable for their mistakes, otherwise it is not a profession. MC Waste Services, Inchttps://www.blogger.com/profile/12266514603926403047noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-72538301490312838962013-11-11T20:33:31.287-05:002013-11-11T20:33:31.287-05:00It's a start. Scott Greenfield wrote about thi...It's a start. Scott Greenfield wrote about this today also. http://blog.simplejustice.us/2013/11/11/is-actually-punished-enough/Marilouhttps://www.blogger.com/profile/13244781816296771005noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-67160952472831407582013-11-11T13:05:39.406-05:002013-11-11T13:05:39.406-05:00One relatively simple reform would go a long way t...One relatively simple reform would go a long way to helping combat discovery abuses: allow one deposition -- the deposition of the case agent. Such a reform would not significantly increase the costs to the government, but would permit the defense to at least know where to look and what to ask for. Steve Stallingsnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-83831167659989085292013-11-11T12:26:20.343-05:002013-11-11T12:26:20.343-05:00Texas gets it wrong again. In the federal system t...Texas gets it wrong again. In the federal system the prosecutor would have been promoted. Which means this guy should have been elevated to the court of appeals. Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-73435746806333916132013-11-11T09:45:10.422-05:002013-11-11T09:45:10.422-05:00No, not enough time.
But it wouldn't matter...No, not enough time. <br /><br />But it wouldn't matter anyway.<br /><br />In the SD Fla., we have a standard discovery order that requires the AUSA to turn over such materials, imposes time constraints, etc.<br /><br />Many AUSAs regularly (as an office policy) fail to comply with it, particularly with regard to Giglio materials.<br /><br />The LIE that they regularly spew is that it is not Giglio until they determine who the witnesses are going to be. What a bunch of bullshit.<br /><br />The fact that some AUSAs do it (and the office encourages it) is bad, and speaks volumes to a lack of ethics and mentality better suited for a civil law firm engaged in "hide the ball" discovery tactics. The fact that the Judges here permit it to go on, without consequence, is unforgivable. <br /><br />It will continue to go on until one of two things happen: (1) Rule 16 is amended to allow for depositions and full discovery or (2) a SD Fla judge's close family member is indicted, tried and convicted of something he or she is completely innocent of, and later exonerated after 25 years in prison because the prosecutor hid evidence or failed to fulfill their duty (in other words, only when Rule 16 is amended - never).<br /><br />Some of these guys and girls truck into private practice after 5, 6 or 8 years in the office and continue to misbehave and bend the rules. Only then, they are not cloaked with the protection of absurd Eleventh Circuit case law that holds no AUSAs accountable, no matter how egregious the conduct, and local judges who worship the US Attorney's Office; then, they wind up in trouble.Anonymousnoreply@blogger.com