Wednesday, September 8, 2010

So you've been charged with a crime and want to defend yourself PART II!

The title of today's post may sound familiar, just last week we talked about how a defendant needs to have access to all the police reports regarding his/her case in order to prepare an adequate defense.  In last weeks post we described how despite demands by the defense attorneys representing the people charged in the Barrera mortgage fraud case, the state even today some 22 months after the arrests were made STILL HAVE NOT TURNED OVER THE REPORTS THE DEFENSE HAD REQUESTED!  When the assistant state attorney handling the case was called to task he responded with this...
"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."
Ok, blame it on the detectives, either they're really slammed or they're really lazy or as a certain two faced back stabbing assistant state attorney (not my words) likes describe them "incompetent".  So here you are, charged with a crime and you don't have access to the Detectives reports regarding your alleged crime, at the very least you must be entitled to statements from witnesses that the state has interviewed, correct?  I mean, how the hell else are you supposed to prepare a defense right?  Common sense, right?  It should go without saying that you need these statements in a timely fashion as well, right?  Let's not forget that Assistant State Attorney Bill Kostrzewski decided to bring charges against the defendants in the Barrera mortgage fraud case on October 3, 2008, take a look at this letter I came across the other day...

Bill Kostrzewski Cover Letter for John Romney Statement                                                            

Now, that ain't no good now is it?  The arrests were made on October 3, 2008 and the prosecutor is turning over the co-defendants statements A FULL YEAR LATER?!  How the hell are you supposed to prepare a defense when the states been sitting on statements for a year??!!  Even worse, check the dates that the statements were taken on, March 4, 2009!  Are you telling me that it takes eight months to type up a few pages worth of statements?!  Jeeze!  I knew the cops and prosecutors were overwhelmed, but this is a bit much!

More tomorrow, in the mean time, please...

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