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Old 10th August 2018, 04:47 AM   #161
byn63
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Join Date: Apr 2014
Posts: 895
Originally Posted by Henri McPhee View Post
Murtagh and Judge Dupree theoretically allowed the MacDonald defense 'discovery' as Byn says,
The official court records/transcripts show that no Brady Violations were found. Discovery was not theoretical it was FACT.

Originally Posted by Henri McPhee View Post
but the defense and their forensic experts were never allowed to discover anything.
Once again, as you have been told dozens of times (at least) THE FACT THE DEFENSE DID NOT HAVE SUFFICIENT TIME (in their eyes) TO REVIEW THE EVIDENCE IS THE FAULT OF THE DEFENSE. Bernie Segal is the one who spent months on the impossible never going to happen in any criminal case attempt to have the evidence shipped cross country for review/analysis. The prosecution AS REQUIRED had laboratory space available for the defense use not far from the site of the evidence storage.

Criminals in the US are not given a pass for their own failures. Bernie did not do his due diligence because he was so damned cocksure that he could beat the government case like he did with the Article 32. HOWEVER, there were some major differences that he did not take into consideration.

1. The case was to be tried before a jury of inmate's peers.
2. A distinguished jurist would be assigned to hear the case.
3. All the evidence had finally been analyzed.
4. He would not be arguing a case before an untrained Infantry Officer without any legal knowledge.
5. An extensive re-investigation had taken place since the Article 32.

Originally Posted by Henri McPhee View Post
The exculpatory evidence was covered up
No evidence was covered up, the FACT is that Bernie Segal decided to NOT dig deeply into the available evidence. You really need to stop being ignorant about this subject. I have told you many times over - THE PROSECUTION HAS NO RESPONSIBILITY TO POINT OUT SPECIFIC EVIDENCE TO THE DEFENSE. The notes and documentation etal was provided to the defense including the information on the wool fibers and the saran. THAT IS ALL THAT IS REQUIRED. The DEFENSE tries its case.....that the defense didn't bother to use the information speaks volumes - unsourced equals forensically useless. PERIOD

Originally Posted by Henri McPhee View Post
It was not fair and just and it has resulted in a gross miscarriage of justice.
Inmate had 10 years of freedom after the charges were dismissed by the base commander for INSUFFICIENT EVIDENCE. During the 10 years the rest of the evidence was analyzed. An in-depth re-investigation was done, a Grand Jury was convened. A trial was held at which over 1,100 pieces of evidence via 28 witnesses (both lay and expert) were presented. This evidence constituted only about 60% of the available evidence. Inmate was convicted. It was justice! It was FAIR! In the time since, inmate has tried and failed to change his fate because the evidence does not support his claims of "factual innocence" and the FACTS do not support your illogical inane insipid ignorant ramblings either.

Originally Posted by Henri McPhee View Post
It was manufactured evidence.
No evidence was manufactured. Stamping your little feet and pounding your little fists on the ground are not going to change the fact that your hero is a narcissistic sociopathic familial slaughterer who deserves to be under the jail!
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