So you've been charged with a crime and you want to defend yourself...

Why wouldn't you?  The state says you've committed a crime and you want to defend yourself, it's your right, isn't it?  In order to defend yourself, you and your attorneys need tools with which to do so, whether it's evidence that the state has against you or information you can gather by subpoena and information you may be able to glean from deposing witnesses.  From what little I know about the criminal justice system, the state is obligated to turn over what they have against you in order for you to be able to prepare your defense, problem is that if they hand over everything they may undermine their own case against you.  From what little I've learned over the past year or so, one of the things that the state is obligated to turn over to the defense is the detectives narratives aka the detectives reports, in fact, the judge presiding over the Bernardo Barrera mortgage fraud case ordered the state early on to preserve all the detectives reports and notes.  From one of the motions filed by one of the defendants we find this...

"It is an axiomatic principle that in order to conduct proper and effective criminal depositions of a police detective, the Defense needs a copy of the Detective's report so that the proper deposition questions can be formulated and all areas of the detective's investigation can be covered."

Common sense right?  In fact, doesn't it seem odd that something so basic even needs to be mentioned let alone put into a motion before the court?  Remember, the Barrera mortgage fraud arrests were made on October 3, 2008, again from the same motion...

"On November 13, 2008, Assistant State Attorney Bill Kostrzewski advised that the detective reports were not available.  Furthermore, he could not estimate when the detective reports would be provided as it depended on when the Detectives could find time to complete the reports."

Super, the cops can certainly find the time to put together the arrest affidavits and a criminal case against you but once you're in the system and need to prepare a defense suddenly they need to "find time to complete the reports."  Now here you are with criminal charges pending against you and you're stuck at their mercy waiting to defend yourself.


So just how long does it take to get those detectives reports you ask?  The arrests were made on October 3, 2008 and this motion was filed a little over a month later, how long afterwords did the state turn over the Detectives reports you ask?  Good question.  Here we are some 22 months later and guess what?  Still no Detectives reports.  How much longer is it gonna take Mr. Kostrzewski?  I'm getting a little tired of waiting...