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Old 8th August 2018, 03:14 AM   #144
Henri McPhee
Illuminator
 
Join Date: Dec 2012
Location: Bristol UK
Posts: 3,586
Originally Posted by byn63 View Post
So what? that doesn't make what I said untrue. It just further indicates that Bernie Segal didn't pay a bit of attention to the evidence.

IT IS NOT THE RESPONSIBILITY OF THE PROSECUTION TO POINT OUT EVIDENCE OR EVEN POSSIBLE EVIDENCE TO THE DEFENSE. The information was included in the discovery materials.
Under the Brady law in America there must be disclosure of exculpatory evidence to the defense. That never happened in the MacDonald case. Any exculpatory evidence had to be obtained after the trial by Freedom of Information requests by MacDonald lawyers. Judge Dupree said at a bench conference that he would order a reversal if the prosecution did not comply with the Brady law, which was a lie by Judge Dupree. Ignorance of the law is not good enough:

Quote:
On August 21, 1979, at a bench conference, Judge Dupree denied defendant's motion to dismiss based on the government's failure to turn over Brady materials. However, Judge Dupree again admonished the government, stating:
But now, I'll say this: I have always taken the position that if the Government has anything that classifies as Brady material and they do not give it to you, they are certainly going to get reversal. I have instructed them to do it, but now I am not going into their files and in a case as big as this, I am not going to take three days off to see what they've got and whether or not you are entitled to it -- I'm not going to make that. That's their risk. If they've got stuff, they're going to do it. (emphasis added) (Attached hereto as Exhibit 28)
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Last edited by Henri McPhee; 8th August 2018 at 03:16 AM.
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