Monday, May 31, 2010

WHAT THE HELL IS DISCOVERY ANYWAY?

NEWCOMERS: YOU ARE GOING TO LOVE THIS LATEST RANT FROM FIBBER MCKEE:


I have forwarded Murt's PM's and the discovery doc to Casey Anthony's attorney, Jose Baez, in order to ensure that he HAS seen the information. I don't care if anyone hates me or not. She's not getting off. Murt needs to testify for the defense in order to learn a lesson & now it will be up to the defense whether or not Mr. Murtaugh is worth their effort. I believe he can provide reasonable doubt, personally.

WHEN THOSE OF YOU THAT ARE IN THE LEGAL PROFESSION GET THROUGH LAUGHING YOUR ASSES OFF AT THAT ONE, YOU CAN READ ON AS TO WHO IS WHO IN THIS LITTLE SAGA AS SOME OF YOU MAY NOT KNOW OF THIS CASE.

FOR THE BENEFIT OF THOSE WHO DOES NOT KNOW THAT MUCH ABOUT HOW DISCOVERY EVIDENCE WORKS LET ME TRY AND GIVE A LAYMAN'S TAKE ON IT.

DISCOVERY IS EVIDENCE GATHERED EITHER BY THE STATE OR THE DEFENSE FOR USE IN A COURT PROCEEDING. 

FLORIDA, AS IS MOST STATES, IS WHAT IS KNOWN AS A RECIPROCAL DISCOVERY STATE. 

THAT MEANS THAT ALL DISCOVERY GENERATED BY THE DEFENSE AND PROSECUTION IS GIVEN TO EACH OTHER.

WE DO NOT HAVE "PERRY MASON" TRIALS HERE, WHERE AT THE LAST 5 MINUTES OF THE SHOW, PERRY STUMPS THE STATE WITH A GRILLING OF THE GUILTY PARTY ON THE WITNESS STAND AND THUS WINS THE TRIAL.

RECIPROCAL DISCOVERY MEANS THAT THERE ARE NO SECRETS. BOTH SIDES HAVE THE SAME EVIDENCE. 

SOOOOOO, THAT MEANS FOR THE UNINFORMED FIBBER MCKEE, IS THAT BOZO THE CLOWN HAS HAD THE PM'S FOR MONTHS SINCE THE STATE ALREADY GAVE IT TO HIM.

IN FACT, AS A GENERAL RULE, DEFENSE COUNCIL WOULD HAVE HAD THEM A FEW DAYS BEFORE THE RELEASE TO THE GENERAL PUBLIC AS THAT IS HOW THE SYSTEM WORKS.

THIS GIVES THE DEFENSE TIME  TO FILE MOTIONS TO REDACT CERTAIN DISCOVERY FROM PUBLIC VIEW BASED ON LEGAL ARGUMENTS. ONE CASE IN POINT ARE THE VIDEOS OF CASEY'S REACTION WHEN CAYLEE WAS FOUND.

ANOTHER MOTION WAS FILED REGARDING AUTOPSY PHOTOS WITH THE ARGUMENT BEING THAT THEY WERE COVERED UNDER THE EARNHARDT FAMILY PROTECTION ACT.

THIS BRINGS UP A SECOND POINT:
MS. MCKEE BRAGS THAT, AT ONE TIME SHE WAS A WHITE COLLAR ANYALIST.

I WOULD THINK THAT PART OF THAT JOB WOULD BE THE GATHERING OF COMPLETE AND ACCURATE INFORMATION IN ORDER TO REACH A PROPER CONCLUSION.

MS. MCKEE SEEMS TO DISAGREE WITH THAT PREMISE AND THROWS OUT HER FINDINGS DERIVED FROM FLAWED RESEARCH AND INACCURATE INFORMATION.


THANK GOODNESS SHE IS NO LONGER IN THAT LINE OF WORK. THERE IS NO TELLING HOW MANY INNOCENT VICTIMS OF HER GROSS INCOMPETENCE THERE ARE OUT THERE.


MURT