Cameo
08-04-2002, 12:12 PM
As some of you may know, I'm helping Vic with his first appeal. The attorney let me copy all the transcripts and I've been doing pretty well on getting information and case law. I'm coming up blank here though. In brief:
Vic was in a fight. He was walking through the park to go to a club one evening when he was confronted by 4 other guys whom he knew. One of these guys was a cousin of a man, who Vic had testified against 4 years earlier. This testimony led the man to be convicted of manslaughter. So anyway this cousin was there with the three other guys. They started following him and then en-circled him at the park. They started throwing bottles and trash at him. He faced off with one of them and another one of the guys, came in to 'make peace' and ended up 'sucker punching' him. Another guy, hit him from behind on the head with a 2 by 4 board. When this knocked Vic down, he reached into his pocket and pulled out a knife. When one of the guys charged him, he swung and stabbed the guy. One stab. When this guy stumbled back, the other 3 went to him and Vic was able to run off. This man died. Photo's were taken of where the victim died...(he walked 2 blocks) and photo's were presented at the trial of the park and the 2 - 4 board. One officier, who was in charge, from the beginning, said on the witness stand that that board was tagged as evidence, but to this day he has no knowledge of where it is. The lead investigator did not testify, because he was indited for corruption charges, the same year as Vic's trial. The lead investigator was immunized when he testified against two other officers. He is now indited on separate charges. The prosecution said they had no knowledge of the board.
What I need to find out... Is there some type of cases on this...when police 'lose' excuplotory evidence?? Is under police misconduct?? Improper investigative procedures?
Also, one more thing: The man that died was out on bail for armed robbery on a bus with a knife. I sent for the grand jury inditement on this and have it now. Vic was also not allowed to testify that he knew this. It all relates into his apprehension of these individuals and what he knew they were capable of. His lawyer is trying to get all this in, but I don't know!! It seems as if a defandant really doesn't have a chance if he can't submit evidence and tell his side of the story. The judge really does have the power in how much a defendant can actually defend himself.
Thanks for any info or insight that is offered!
Vic was in a fight. He was walking through the park to go to a club one evening when he was confronted by 4 other guys whom he knew. One of these guys was a cousin of a man, who Vic had testified against 4 years earlier. This testimony led the man to be convicted of manslaughter. So anyway this cousin was there with the three other guys. They started following him and then en-circled him at the park. They started throwing bottles and trash at him. He faced off with one of them and another one of the guys, came in to 'make peace' and ended up 'sucker punching' him. Another guy, hit him from behind on the head with a 2 by 4 board. When this knocked Vic down, he reached into his pocket and pulled out a knife. When one of the guys charged him, he swung and stabbed the guy. One stab. When this guy stumbled back, the other 3 went to him and Vic was able to run off. This man died. Photo's were taken of where the victim died...(he walked 2 blocks) and photo's were presented at the trial of the park and the 2 - 4 board. One officier, who was in charge, from the beginning, said on the witness stand that that board was tagged as evidence, but to this day he has no knowledge of where it is. The lead investigator did not testify, because he was indited for corruption charges, the same year as Vic's trial. The lead investigator was immunized when he testified against two other officers. He is now indited on separate charges. The prosecution said they had no knowledge of the board.
What I need to find out... Is there some type of cases on this...when police 'lose' excuplotory evidence?? Is under police misconduct?? Improper investigative procedures?
Also, one more thing: The man that died was out on bail for armed robbery on a bus with a knife. I sent for the grand jury inditement on this and have it now. Vic was also not allowed to testify that he knew this. It all relates into his apprehension of these individuals and what he knew they were capable of. His lawyer is trying to get all this in, but I don't know!! It seems as if a defandant really doesn't have a chance if he can't submit evidence and tell his side of the story. The judge really does have the power in how much a defendant can actually defend himself.
Thanks for any info or insight that is offered!