You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login

Reply #24: OK, impeachable evid may have nothing to do with Defendant's guilt... [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-09-06 02:28 PM
Response to Reply #16
24. OK, impeachable evid may have nothing to do with Defendant's guilt...
.... some examples might be, prior false testimony in a trial, deposition, administrative hearing,etc. Or possibly signing a tax return that contained omitted information or false representations. Any situation that might cause the witness to be biased in his testimony. For example, if the witness has entered into an agreement with the State to testify against this defendant in exchange for a promise of a more lenient sentence.

So impeachable evidence does not always have any bearing on the crime being tried. It goes to the jury being able to judge the 'truthfulness' of the witness. Which is critical to a jury believing what the witness has to say, and ascribing weight to that testimony as part of their duty to find proof of each and every element of the crime charged, beyond a reasonable doubt.

It is malpractice for a criminal defense attorney not to file motions demanding full discovery prior to trial.

As a result of defendants being convicted and given the death penalty in NC who later were exonerated, we now have an 'open file' policy. And NC is one of the first states in the country to set up an "Innocence Commission" to review the record and evidence of defendants who have been convicted, who have evidence to be considered which may prove their actual innocence.

We had two prosecutors in NC who withheld witnesses' statements that 'they had to make up a story' in order to satisfy law enforcement. They testified against the Defendant naming him as the perpetrator while he was so many miles away from the crime scene at the time of the crime it was impossible for him to have committed it. The local newspaper, THe News & Oberserver did an extensive examination that eventually resulted in the Defendant(Gell) being released from death row. The two prosecutors were investigated by the State Bar for prosecutorial misconduct, but the charges against them were dismissed because of a technicality --the complaint against them was not raised early enough.

Printer Friendly | Permalink |  | Top

Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC