Suppression of evidence sought (78) Jul 30, 2008
Suppression of evidence sought. By John Grant Emeigh - 07/30/2008. (Montana Standard, MT)
Your Name Your Email Address Recipient's Email Address Jul 13, 2008
I also have evidence on the fabrication and suppression of evidence in my 1999 trial involving the current inspector general of police and the attorney general. So you believe the charge against you was prompted by the fact that you are about to make public new evidence against these officials. (Newsweek)
Accused killers lawyer still trying to suppress statements; hearing postponed Jun 3, 2008
Wally Jacques Simon, the man facing first-degree murder charges for the killing of Winchester resident Christopher Barbaro, was scheduled to be in court last week for a suppression of evidence hearing. According to the Middlesex Superior Court criminal clerk s office, Simon s defense attorneys are seeking to suppress statements made by the defendant prior to, or during his arrest. (Winchester Star, MA, MA)
Court questions Ottawa's motive on Khadr file Mar 27, 2008
OTTAWA The federal government's motives in the Omar Khadr terrorism case came under sustained fire from the Supreme Court of Canada Wednesday, as a government lawyer sought to justify its suppression of evidence. Observers in the packed courtroom had barely settled into their seats for the historic case, when several judges began to pepper Justice Department lawyer Robert Frater with questions as to how and why sensitive information was passed on to U.S. prosecutors. (Globe and Mail -- National)
Justice for Eric Frimpong a.k.a Saviola Mar 23, 2008
Besides evidence of the mishandling of evidence, there was the shocking and blatant suppression of evidence. Before a dental expert, Dr. Sperber, was to testify for the prosecution that Eric Frimpong could not be ruled out as the attacker, it was discovered by the defense that in fact the prosecution had sought a prior opinion from another dentist. (Ghana Web, Ghana)
Credibility of murder witnesses questioned Jan 13, 2008
SEARCH WARRANT -- Allen's lawyers also allege that investigators entered Allen's former home on Jill Circle in Stockton before a judge signed a warrant, something that could lead to the suppression of evidence if items or information was obtained in an illegal search. The defense argues that some dispatch logs are missing, perhaps even tampered with, while the prosecutor counters that the logs have been turned over. (Modesto Bee, CA)
Over and Out Dec 28, 2007
Yet, here we are, seven years later, with almost 4,000 young Americans and countless innocent Iraqis dead, being assailed by daily revelations of torture, eavesdropping, corruption, suppression of evidence, and other criminality, and neither the Congress nor the electorate can restore the nation's honor. Must we wait until January 2009 before Bush stops swaggering back and forth to Air Force One, smiling, waving, and saluting in his blue suit, lapel flag, and sprayed hair. (Boston Globe)
An open letter regarding Walt and Mearsheimer Dec 11, 2007
As several knowledgeable reviewers have pointed out, Mearsheimer and Walt's book is riddled with distortions of the historical record and a systematic suppression of evidence that would cast doubt on the authors' conclusions. Leslie Gelb, writing in The New York Times Book Review described the book as "wrong as well as dangerously misleading" and noted its "puzzlingly shoddy scholarship." In a recent review in Foreign Affairs, Walter Russell Mead described its arguments as "incoherent" and... (The Daily Princetonian, NJ)
Pelo attorney wants special prosecutor, charge dropped Nov 6, 2007
Re: To I don't care wrote on Nov 5, 2007 10:52 PM:" The suppression of evidence you mention is covered by the Bill of Rights. That goes along with the presumption of innocence until proven guilty beyond a reasonable doubt. If you dislike those legal principles then I suggest you move to a country more in line with your thinking. Perhaps China? " ... " This will never happen with suppression of evidence on the defense's part. "The truth, whole truth and nothing but the truth" is such a farce in... (The Pantagraph newspaper)
Defense wants to suppress physical evidence, statements in Tomahawk murder case Aug 11, 2007
An attorney for the Rhinelander man accused of stabbing his co-worker to death has filed twelve evidentiary motions including multiple requests for suppression of evidence. According to court records, attorney Robert Rusch of Medford filed the motions on August 7 on behalf of his client, Seth Louis. (Forest Republican, WI)
Smuggler's Partner Pleads in Border Agents Case Aug 8, 2007
"The whole thing is continued obvious and blatant suppression of evidence," Ramirez told Cybercast News Service. "He's doing all he can to keep Congress from their fact-finding on this case.". (Newsmax)
Is there a little similarity here? Aug 2, 2007
An unpopular president, an unpopular war, apparent corruption at the highest level, congressional subpoenas issued, suppression of evidence, and threats of executive privilege. You're thinking President Bush, right. (Ithaca Times, NY)
Justice: Pardon The Border Two Jul 14, 2007
requesting the hearings, "These men were given sentences that some individuals convicted of murder would not receive." Sentences, we might add, based on the suppression of evidence and the government's reliance on and coddling of a repeat drug-runner. Compean and Ramos thought they were fulfilling their duties on Feb. 17, 2005, when they shot an allegedly unarmed Davila in the buttocks during his attempt to smuggle 743 pounds of drugs into the United States. (Investors Business Daily)
Nowak's attorney denies diapers Jun 30, 2007
30-day news archives. "Lykkebak's outburst outside the courtroom came after a morning case status hearing in front of Judge Marc Lubet. Before the hearing, Lykkebak filed two motions to suppress evidence found in Nowak's car and to suppress Nowak's "admissions" of her involvement in the incident.Lykkebak said the diapers were never entered into evidence, nor did Orlando police examine them after the Feb. 5 incident in the Blue Lot at Orlando International Airport.Police reports allege Nowak,... (Florida Today)
How Doctors Think and (Hopefully) Avoid Mistakes Apr 15, 2007
The number of ways in which a doctor can screw up make for uncomfortable reading: "satisfaction of search," the tendency to stop considering alternative explanations once you arrive at a plausible hypothesis; "diagnosis momentum," the unconscious suppression of evidence that conflicts with an existing theory; "commission bias," the preference for action for its own sake. Groopman has particular disdain for snap judgments and intuitive leaps not supported by rigorous logic. (MSNBC -- Health)
The Border: Truth, Justice And The American Way Mar 1, 2007
Suppression of evidence by prosecutor Johnny Sutton to convict two Border Patrol agents begs the question: Just who should be on trial here ... The department was asking him not to release Drug Enforcement Agency investigative reports at a scheduled afternoon press conference confirming the suppression of evidence that might have freed the agents and the maliciousness of their prosecution. (Investors Business Daily)
Wrongful conviction report urges review of cases Feb 16, 2007
Flawed science and the suppression of evidence relating to the credibility of two key Crown witness were largely to blame for the 13 years, one month and seven days Driskell spent behind bars, Patrick LeSage, former chief justice of Ontarios Superior Court of Justice, said in a wide-ranging report released today from a commission of inquiry. His findings were unambiguous. (Toronto Star)
Death penalty no longer an option in murder case Dec 12, 2006
In the interim, Luzerne County Judge Michael Toole is scheduled to hear arguments on the suppression of evidence in the case, including statements Fink gave to police, on Dec. 18 at 1:30 p.m.. A different judge is assigned to the suppression hearing to avoid any potential conflict. (The Citizen's Voice, PA)
Volkswagen to cut 3,500 jobs in Brussels Nov 22, 2006
The danger of suppression of evidence required his immediate arrest, the prosecutors said. Volkert has been under investigation as part of an inquiry into allegations that managers paid for trips and prostitutes for labor leaders in exchange for their votes on policy. (International Herald Tribune -- Money Report)
After 6 Months, N.J. Officer Charged With Wife's Murder Nov 22, 2006
The charges he faces include murder, hindering an investigation and suppression of evidence. Since the slaying, he had been on leave from his police job and was raising his 14- and 5-year-old sons. (WNBC.com, NY)
Cositore: Political Prisoners Nov 7, 2006
Suppression of Evidence The defendants and their lawyers were prohibited from viewing "evidence" against them for "reasons of national security.". . (Zmag.org)
Slay case going to trial Oct 28, 2006
Mr. Mott then asked that a previous motion of his be withdrawn and that the court hold hearings on the suppression of evidence. Mr. Cozzolino objected, saying Mr. Mott had "unconditionally" waived the hearings and should be bound by that decision. (Hillsdale Independent, NY)
'Boot the Democrats Out!' Says Tax Expert and Reformer Giving Major Reasons Why Oct 4, 2006
In the Garrison cases, federal judges were forced to obstruct justice not only through the suppression of evidence and the deprivation of Garrison's right to due process-with two federal judges in Tallahassee, Florida, Senior Judge William Stafford and Magistrate Judge William Sherrill, Jr., acting in concert to do this-but through a practice of "judicial activism" that included casuistry, overt lies and deception as the only way these judges had to keep the system from suddenly collapsing and... (Yahoo! Wire -- Entertainment News)
Pot charges stand in Collin case; time given for suppression motion Aug 19, 2006
Corry wanted to preserve his right to argue a suppression of evidence motion at a later date, while Serra said the deadline for motions was past. The motion to suppress is baseless on its face, he said. (Montrose Daily Press, CO)
Wife accused of killing preacher walks out of jail Aug 16, 2006
and I just said I was sorry," Booth read. Winkler's attorneys have asked the judge to suppress statements she made to police in Alabama and Tennessee after her arrest. In those statements, Winkler told officers she did not want to smear her husband's name in public, according to another defense attorney, Leslie Ballin.The suppression of evidence hearings last week shed additional light on what police say Winkler told them. She told Alabama officers that the killing was not planned and that she... (CNN -- Law)
Lacrosse players to fight records request Jul 17, 2006
The hearing will be the second setting for all three players, which is the deadline for filing pretrial motions not dealing with the suppression of evidence. Seligmann, 20, of Essex Fells, N.J.; Finnerty, 19, of Garden City, N.Y.; and Evans, 23, of Bethesda, Md. (MSNBC -- Sports)
Duke Lacrosse Player Labeled 'Instigator' In D.C. Assault Trial Jul 11, 2006
The hearing will be the "second setting" for all three suspects, which is the deadline for filing pretrial motions not dealing with the suppression of evidence. A trial is not expected to begin before spring 2007. (WRAL.com, NC)
Sobriety check case dismissed Jun 30, 2006
Maring wrote that the state could have appealed Riskedahl's order granting the suppression of evidence before asking that the case be dismissed. Attorneys involved in the case couldn't be reached for comment. (Bismarck Tribune, ND)
High Court Rules Against Foreign Suspects Jun 29, 2006
Foreign nationals who prove violations of the treaty are not entitled to the suppression of evidence obtained during the arrest or any other procedural favors, Roberts wrote ... The high court said the treaty does not require either suppression of evidence or an exception to normal procedural-default rules. (Law.com)
Treaty doesn't force US to exclude incriminating testimony, court rules Jun 29, 2006
In a dissent, Justice Stephen Breyer said the majority was wrong to rule out suppression of evidence as a possible remedy to treaty violations. He said that sometimes such a remedy might be the best approach. (Christian Science Monitor -- USA)
Father Of Duke Lax Player Wants Bond Reduced Jun 22, 2006
Seligmann's hearing is the "second setting," which is the deadline for filing pretrial motions not dealing with the suppression of evidence. . (CBS New York, NY)
Duke defendant to seek bond reduction at hearing Jun 22, 2006
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OH, MY GOD, MY LIFE IS OVER Jun 18, 2006
" Adam and Gabriel Polk sat in the front row as the verdicts were read. Polk's mother, Helen Bolling, who had attended parts of the trial in support of her daughter, was absent. Polk's courtroom antics never really came up during their deliberations, Roland said. After the verdict was read, Susan Polk asked Judge Laurel Brady if she could be advised of her legal options -- including an appeal -- by the state's public defender's office. When Brady told her she would have to file supporting... (San Francisco Chronicle)
Alito Vote Loosens Limits on Evidence Jun 17, 2006
Justice Scalia conceded that the knock-and-announce rule quite properly gives someone "the opportunity to collect oneself before answering the door. "What the knock-and-announce rule has never protected, however, is one's interest in preventing the government from seeing or taking evidence described in a warrant," he said.The federal government had entered the case on behalf of the Michigan authorities, arguing in a brief by the solicitor general's office that suppression of evidence "is too... (New York Times)
Police intrusion for evidence allowed Jun 17, 2006
"Officers will always know ... that they can ignore the knock-and-announce requirement without risking the suppression of evidence discovered after their unlawful entry.'' The case reflected the importance of President Bush's appointment of Alito to succeed Justice Sandra Day O'Connor, who retired in January. No ruling was issued before she left, and with the court evidently deadlocked 4-4, the case was reargued after Alito was seated. The ruling upheld the conviction of Booker Hudson of Detroit... (San Francisco Chronicle)
Polk guilty of murder Jun 17, 2006
"Throughout this trial there has been fabrication and suppression of evidence by county officials," she said. "It would be preferable to appoint the state public defender's office.". (San Francisco Chronicle)
Ruling Unlikely To Alter Police Searches Jun 16, 2006
" Generally within 15 seconds or so, police will hear, "Yeah. " or some acknowledgment, Morman said. "If you hear footsteps running away, or you hear, 'Dump it; it's the cops' - once they exhibit they're not going to comply, we would make a forceful entry," he said. Defense lawyers said police would be wise to maintain the status quo and continue to follow the knock-and-announce rule. "I think it's a dangerous and scary opinion because we can expect more doors being battered down in the middle... (Tampa Bay Online, FL -- News)
Three Lake Wales Officers Disgraced for False Statements Jun 13, 2006
LAKE WALES -- The State Attorney's Office will no longer accept testimony from three Lake Wales police officers who Circuit Judge Dennis Maloney said "were lying" when they testified in a December hearing regarding the suppression of evidence. The decision Friday by State Attorney Jerry Hill could effectively end the law enforcement careers in Polk County of Sgt. Donald Pelt, Detective Jeffrey Chauncey and Patrolman Juan Lopez. (The Ledger)
Egg farm case begins Apr 21, 2006
The prosecution made a motion for suppression of evidence, expressing the lack of clarity as to whether Seeton and Brothers were previously affiliated, which Seeton herself denied ... This phase of the trial concluded with Duncan's ruling against the suppression of evidence, though an agreement was struck between the defense and prosecution that all video and photographic evidence would be shared. (Elizabethtown Chronicle, PA)
High Court Cases Put International Law in the Spotlight Apr 5, 2006
The justices agreed to decide whether it does, and whether suppression of evidence sought by Sanchez-Llamas, or the habeas relief sought by Bustillo, would be appropriate remedies for violations of Article 36 ... "We've made better efforts to comply with our obligation under the treaty, but that doesn't lead to suppression of evidence for violations," Williams added. (Law.com)
Security-law challenge fails Feb 7, 2006
The group of five media organisations argued in the NSW Supreme Court against national security laws that would allow the suppression of evidence in the trial of terrorist accused Faheem Khalid Lodhi ... "There is nothing in the legislation that precludes the court from considering and determining such matters in a subsequent public hearing. "This means, in practical terms, that the media or other interests would have the opportunity to make submissions in relation to (the suppression of... (Melbourne Herald Sun)
Federal judge gives the go-ahead to Kurtz case Jan 14, 2006
Motion to dismiss charges "premature' By DAN HERBECK News Staff Reporter1/13/2006 Prosecution of Steven Kurtz has caused artists' outcry. A criminal case that has upset many people in the art world will continue to move forward in federal court here. In an opinion issued late Thursday, U.S. Magistrate Judge H. Kenneth Schroeder Jr. refused to recommend dismissal of charges against Steven J. Kurtz, a University at Buffalo art professor who was indicted by a federal grand jury in June 2004. Kurtz,... (Buffalo News)