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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 18, 2007 01:48PM
For some of you shaking your heads saying what Jim is saying about that case of the FBI agent’s notes does not make since the case link is posted in one of my other postings. I thought you would like to know a little bit more about the court withholding available information from a jury that could have allowed the person to be found not guilty. You many want to digest the following information on that case.
As an aside, you might recall that Brown was convicted of lying to an FBI agent. There were no witnesses and no tape recording of the conversation. The only evidence was the FBI agent’s written notes that he made three days later. It was his word against the agent’s. The judge refused to order the FBI to produce the written notes for Brown’s defense lawyers so there was no way they could fully defend him.
“When I was tried in the Western District of Louisiana, the jury in my case sent a note to the judge saying they would like to have a copy of my testimony. The judge’s response was that my “testimony on the stand is not available.” It had not been transcribed, and could not be given to the jury. The jurors could have been excused for the evening and the court reporter could have transcribed what I said overnight and had it ready to give to the jury the next day,”
I do not know if this same law holds true for other federal agencies but the law is clear.