Text 6984, 91 rader
Skriven 2008-07-17 17:11:00 av Bob Klahn (1:124/311)
     Kommentar till en text av Richard Webb
Ärende: The Black Experience
============================
 ...

 RW> yEp, and a lot of that couldn't be proven.  IF you're jOhny
 RW> Cochrane all you have to do is cast doubt, and anything
 RW> which casts that doubt works.

 Deleting all that went before because that paragraph sums it up.

 ...

BK>>  I have never been arrested, but I was questioned as a potential
BK>> witness, in the Air Force. They Mirandized every single witness
BK>> they talked to.

 RW> OF course, just in case questioning you leads down the road
 RW> to arrest, then the process has already been in place. IF

 Yep. They didn't know who did it, so they questioned everyone.

 ...

BK>>  Only no one is normally out there videotaping the collection of
BK>> the evidence.

 RW> Ah but remember the murders of the two girls in Ada
 RW> Oklahoma a few years ago? The would-be pro baseball player
 RW> was charged and convicted. sOme videotaping going on in
 RW> that case.  WIlliams, the accused fomer minor leaguer was
 RW> eventually exonerated and freed from his death row
 RW> sentence. WAs reading a book on that one recently.

 I went to the Innocence project website recently. Lots of that
 going on.

 ...

BK>>  Yet it should be necessary to show how the failure to follow the
BK>> rules can change the outcome. If you don't have a search
BK>>  warrant, the evidence can still be used if discovery was
BK>>  inevitable. Like you have a basement full of pot, and the police
BK>> come in looking for a run away teen. They don't have a search

 ...

 RW> Agreed, in plain view, etc.  THat one's made many a good
 RW> case.

BK>>  When Furhman entered OJ's property without a warrant, he claimed
BK>> he did it to protect evidence, IIRC. I would justify the entry  on
BK>> the basis that they expected to find OJ's dead body.
BK>>  Murder/suicide is common in such cases.

 RW> THere you have it, the crux of the biscuit as it were.
 RW> furhman used the wrong argument for entering the sImpson
 RW> property, opening the door for the defense. Had he used the
 RW> arguments you state above the defense wouldn't have been
 RW> able to widen the gap, and argue all over the place
 RW> regarding chain of custody issues.  IT's always the little
 RW> details that reach out to bite you hardest. <snip again>

 The prosecution should have been able to close that one. Or at
 least argue that even if you ignore Furhman's testimony you
 still have more than enough to convict.

 The hat... trying on the glove... the unrebuted DNA testimony...

 The prosecution blew it.

 ...

BK>> cross contaminate the samples. The weakness in that arguement is  at
BK>> least the preceeding sample had to be OJ's blood for the  succeeding
BK>> sample to test out as OJ's blood. Which still leaves  OJ's blood at
BK>> the scene of the crime.

 RW> yES that it was, and from the get-go, thanks to furhman
 RW> using the wrong argument for entering the accused's
 RW> property in the first place, you open the door for the
 RW> defense. AGain why often when just being questioned you're
 RW> presented with your Miranda rights before the questions
 RW> begin. tHe I's must be dotted and T's crossed.

 Then, when screwup follows screwup, they find themselves digging
 themselves out from a deep hole.

BOB KLAHN bob.klahn@sev.org   http://home.toltbbs.com/bobklahn

... If entropy is increasing, where is it coming from?
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