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Old 06-28-2011, 02:18 PM
Myguysinmoco Myguysinmoco is offline
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Default Just curious, has anyone ever called the prosecutor handling case?

I know I can't do much here, but my husband's case is waiting to go to trial and some DNA evidence came in that we totally expect will show he is the wrong guy, but the prosecutor has the DNA report and hasn't shared it with our attorney, its been about a month to 6 weeks since she got the report, and we are set for trial in less than a month and the prosecutor still hasn't turned over the DNA results to our attorney. Its so frustrating waiting for the phone to ring and when I do get a hold of our attorney he is just as frustrated, he has gone to her office, spoken to her secretary, called her, spoken to her in the court room, e-mailed her and she keeps saying she is busy in a trial or making excuses and claiming she will get the results out soon. We have been reset for trial over and over for 2 years and now our attorney is saying if he doesn't get these results to know what he is dealing with soon, we may be looking at another reset! I just can't take it anymore, am trying to be patient and leave it in God's hands here, we know he is innocent, but I have considered calling the DA's office myself or the judge or something, what can I do, has anyone ever called the DA handling the case against them/family member? What advice do you have at this point?

Last edited by Myguysinmoco; 06-28-2011 at 02:20 PM..
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Old 06-29-2011, 07:27 AM
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RobinsMan RobinsMan is offline
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I would expect that in most cases the DA will not talk to you and his attorney would probably have a cow if you tried. He may be just as frustrated but my guess is that he would want to maintain the appropriate protocol - meaning he talks to them and no one else. I don't know how far the ethical issue extends but there is no way an attorney for the state will talk to an accused without their attorney being present and it may well be that they must treat family and friends the same way. My guess is that there will come a point where any evidence withheld becomes a true legal issue and the DA will get into some hot water for it if they continue to withhold it but right now it is probably just a tactic. I would also guess that the defense attorney has the ability to force the issue but doesn't want to get pushy about it yet even though he may be frustrated with the DA.
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Last edited by RobinsMan; 06-29-2011 at 07:29 AM..
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Old 06-29-2011, 04:28 PM
Myguysinmoco Myguysinmoco is offline
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Much sense you make......sorry to go all Yoda on ya there. Yes, I know everything you say is true, and our attorney did say he doesn't want to put a chip on the prosecutor's shoulder by nagging her too much or getting her in trouble with the judge, but he has set a deadline and says he will go to the judge if not given the information by then. I know you're right, I just am feeling so frustrated and hand tied right now, the idea of another reset at this time is unimaginable, and to top it off they moved my husband to another jail where they aren't giving him his meds and the visits are horrible for us, the guards just shoo him away when he asks for his medications and its just such a nightmare on a good day and now seems worse.
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