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Re: Destruction of notes and data
Posted by:
Jim Mazerat (IP Logged)
Date: February 18, 2007 04:12PM
There were several key witnesses Jim Brown tried to call in his defense. One was a former FBI agent, as well as a Baton Rouge attorney, both who testified about the questionable tactics of the FBI agent who interviewed Jim Brown. Unfortunately, the trial judge would not let any of these witnesses take the stand and testify about the numerous mistakes often made by the FBI agent.
Jim Brown was denied the opportunity to confront the FBI agent about what he wrote down in his own notes. In other words, he could not even question him about what he had written down on paper, or ask the FBI agent any questions about any content of the notes. The Sixth Amendment guarantees a defendant the right to confront his accuser. Again, there has never been a reported case in any federal court in the country where a defendant was not able to cross examine his accuser about what was written down or what was not written down.
Jim Brown was convicted on Count 44 of saying that he was only “vaguely aware” of Cascade Insurance Company. There is absolutely nothing in the notes that says anything about Jim Brown’s awareness, vague or otherwise, of Cascade Insurance Company. What the agent said on the stand is found nowhere in his extensive notes.
• In Count 50, the FBI agent testified that Jim Brown had denied discussing with Governor Edwards “settlement issues” or “what it would take to settle the case.” He swore Jim Brown said this, and typed it out in his final statement. Any reference to “settlement issues” or “what it would take to settle the case” are reflected nowhere in the notes.
• The FBI agent typed out in his prepared statement in Count 51 that Jim Brown had a conversation at Governor Edwards’ office “related to political matters” and “had nothing with Cascade Insurance Company and David Disiere.” But none of this is in the notes.
• The key phrase “settlement issues” contained four times in the type written statement of the FBI agent, and six times in the indictment appears nowhere in the notes.
Remember that the notes were detailed, and 11 pages long. In virtually every false statement charge, the information given by the FBI agent in his typewritten statement and on the witness stand are found nowhere in the detailed notes.