False. The judge determines what is and isn't exculpatory.
False. The decision is made from the perspective of the defense attorney. I’m some disputes, the court can intercede. But even then deference is paid to the defense perspective.
It would help things enormously if you’d at least try to be accurate.
If the defense thinks that exculpatory evidence has been withheld, they need to argue that to a judge who will also get a chance to hear from the prosecution to determine if there has been a violation of Brady v Maryland. Still, it never went to trial. I do not see that Brady v Maryland requires the prosecution to turn over all evidence before a person take a plea deal. It wouldn't make that much sense anyway. Taking a plea deal means you're admitting guilt. Why would you need evidence against you to determine if you committed a crime? As the perpetrator, you would be the one who knows what you did.
You don’t know what you’re talking about. These violations often arise after a trial. Here it was after a plea. The government had all those videos. They had been demanded by defense counsel. But the prosecution failed to turn them over. So, a discovery violation and a
Brady violation.
You're stepping on a few rakes here, so I'll do my best to point them out. One, if it was just the House that had them, then there wouldn't be a problem with Brady v Maryland which applies to the prosecution, not to Congress.
False. That which is the possession of the House is I. The possession of the government. The possession
is thus absolutely attributable to the prosecution.
You can't claim a violation of Brady because Congress didn't turn over evidence.
Yes. I can. And the defense is. And they’re right.
But that doesn't matter, because you're already wrong. The DoJ did have the tapes. The fact that they didn't release them publicly does not mean they haven't been released to the defendants.
Then the prosecution would be expected to reply, “we did turn it over.” But they aren’t saying that because … they didn’t.
Tapes are made public through the trials when they're used in trials for evidentiary purposes.
I don’t care about being made public. They should have been turned over to the defense upon the defense demand. And the defendant is not even obliged to specifically ask for
Brady material.
Last, the defense didn't "object" to anything in court. They went to the media and made that claim, where we all know there's no repercussions for straight up lying about this. So when Chansley's lawyer files in court stating that they didn't get the videos, I'll take their claims seroiusly. For now, they're just running their mouths to get on TV. The fact that Chansley's lawyer hasn't filed on this (not saying they won't, it's only been a week, so I'm patient), is also the reason that the prosecution hasn't denied it to them. Because the DoJ speaks through court filings.
You seem pretty sure about what the defense has or hasn’t filed. Link?
But wait! The piece of garbage Domonic Pezzola did make this claim in court and the DoJ did have the chance to reply. And you know what? The DoJ states in their court filing that they did indeed give these videos to Chansley.
View attachment 765747
www.documentcloud.org
If (and I applaud your ability to share that final bit of information) it is true that the material had been shared, with the defendant, then I would agree with you.
But, of course, it isn’t clear that the prosecution reply
is accurate as to that co-defendant’s motion.
Assuming it is true, then the DOJ has clean hands as to that portion of discovery and as to the
Brady claim.
We shall see.