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Re: Destruction of notes and data -921 LEGAL CHAPTER REFERENCES
Posted by:
Jim Mazerat (IP Logged)
Date: February 19, 2007 11:45AM
Gerald:
I do not want to get into the 921 decision again. It is what it is. To my knowledge no state or local government has adopted it into law. I could be wrong, but I just do not know of any. I believe there is only one organization that has adopted the document as a standard. As to the recognition of the quality of information in the document I will agree it is one of the best. Most of the legal comments about the document center on the recommended use of the Scientific Method, which I have no problem with. I do not ignore any publication because it is my experience you can find good information in all of them. When I choose not to accept the information contained in the publication or book it is with reason that I can support.
I do not feel I need to justify to you are any other person posting my reasoning. I even posted information not mentioned by others that went against my opinion to some degree to show both sides of the issue. How many of you have done the same? Some of the postings remind me of a horse with blinders. Some of these posting have shown the way some choose to demean person with different ideas on a subject and is the reason many will read what is being posted but never post. Why can we not have an open discussion without the personal attacks?
Do you really think I am a person without experience in testifying at depositions and in court to the point I would be shaking because I have this opinion? What is there to sweat or worry about if you are right? Let’s put you on the stand and ask you the following questions as see what the judge or jury thinks about your responses.
1. Do you say that the destruction of the original field note on any investigation is equal to the destruction of evidence?
2. Are you aware of the FBI’s policy on the destruction of field notes after they are converted to a government form?
3. Are you saying the FBI is involved with the deliberate destruction of evidence?
4. Are you aware the Department of Justice has reviewed this policy and agrees with it.?
5. Are you saying the Department of Justice is involved with the deliberate destruction of evidence?
6. Are you aware the Federal Court system has examined this policy and has no problem with it?
7. Are you saying the Federal Court system is involved with the deliberate destruction of evidence?
If you stay with your opinion you would need to answer yes to these entire set of question. Do you believe an affirmative answer to these questions would affect your creditability in the eyes of those on the jury?
I understand your position and it is different from mine. I respect your opinion and you right to follow what ever procedure you believe is correct. I respect your right to believe I am wrong on this subject. As I said before, there are many things having to do with fire investigation that are not so black and white as some would like to believe.