Jump to content

Tainting Evidence


Recommended Posts

The last two days I've been watching what I believe to be some very bad conduct or outright crimes being committed from the bench.

 

First .. the Kalonic (sp?) case.

 

His case was dismissed.

 

Then the PA filed an appeal.

 

Kalonic lost in the COA. There was one very good item that the COA ruled on. In that ruling the COA said the defendant is entitled to present a medical defense to the jury. Even if the defendant had presented a section eight motion and that motion had failed.

 

In spite of the COA ruling that said a defendant is able to present a medical defense before the jury, Judge Potts refused this defense to be presented in the case of Barbra Agro.

 

Oakland Circuit Judge Wendy Potts seems to thumb her nose at both the Court of Appeals and the voters of the state of Michigan at the same time.

 

In fact, Oakland Circuit Judge Wendy Potts went so far as to (it seems to me) tamper with evidence to disobey the voters and courts. Barbra Agro had written a statement that listed two important items.

 

1. that she had marijuana plants in her home

2. that she had a license from the state to grow it.

 

This was a written notification to the police that she was a lawful medical marijuana patient and caregiver. That any plants, up to her legal limit, in her home were legal.

 

Oakland Circuit Judge Wendy Potts caused the second part of this written statement to be covered. Then the statement appeared to be a signed confession of a crime. She then caused this "confession" to be presented to the jury as a written confession of a crime.

 

In doing so, she completely altered the nature of the document in very material ways. I consider this to be a fabrication of a written confession.

 

Our system of justice is supposed to be about the whole truth. Not just the parts that please a prosecutor.

 

I'm not a lawyer. So those of you that are please correct me where I got it wrong.

 

thanks

Link to comment
Share on other sites

I wonder what would happen if the MMMA as a group went to each court case with picket signs that state .

 

MEDICAL MARIJUANA PATIENT BEING RAILROADED IN COURTROOM 3-A 9 am

 

Then list the patient/caregiver name?

 

Would it still be contempt of court outside the courthouse ?

Link to comment
Share on other sites

I wonder what would happen if the MMMA as a group went to each court case with picket signs that state .

 

MEDICAL MARIJUANA PATIENT BEING RAILROADED IN COURTROOM 3-A 9 am

 

Then list the patient/caregiver name?

 

Would it still be contempt of court outside the courthouse ?

 

The charge of jury tampering is being kicked around for doing that.

Link to comment
Share on other sites

No,.... no it is not. I don't think any judge would allow any signs or banners in his court room though.

Oh i know that i was talking like out of the courthouse parking lot on private property some jurors are bound to make the connection whats good for them should be good for the gander if they are allowed to prosecute every case the same card or no whats the point in being legal. :thumbsd:

Link to comment
Share on other sites

How to get around things...

 

Prosecutor- Mr. Smith, do you recall what you were doing the evening of March 16th?

Mr. Smith- Why yes I do, I was thinking about how great it is that we can legally grow Medical Marijuana in Michigan.....

 

Prosecutor- What is your name and occupation?

Mr. Smith- James Smith and I grow medical marijuana, but I have a part time job as an electrical engineer for NASA.

 

Prosecutor- Do you recognize the person sitting at the defendant's table.

Mr. Smith- yes that is a medical marijuana grower I know named Jane Smith.

 

Just work it in, apologize if called on it by the court, 'I was just answering a direct question your honor'. Even if told to disregard, the jury heard it. You can work nullification in the same way. Just plant the seed so to say and let the jury mull it over. Another trick is to emphasize certain words in a sentence, just like subliminal advertising. Example-- yes I read medical journals, I heard on the news they discovered a marijuana field...becomes....yes I read MEDICAL journals, I heard on the news they discovered a MARIJUANA field. Just say it a little louder, add a pause to change the tempo of the sentence, or twitch your neck/tap the stand when you say the words. Takes practice, but you want to make those words stand out and the jurors will subconsciously pick up on them. If you don't think the mind will pick up on it, imagine a large formation of 1000 soldiers. You would be amazed how quickly you will notice the one guy wearing sunglasses or a soft cap where all the others are in helmets.

 

My weird and though provoking post of the day...

 

Dr. Bob

Link to comment
Share on other sites

The problem is that juries have been doing exactly what the judge says.

 

The judge tells them to consider NOTHING else except what the judge said to consider.

 

Few realize they can overrule the judge based on their personal human day to day experience. Even though the judge mumbles those words as a part of jury instruction, few judges believe the words they are required to say.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...