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To: DallasSun
-- The prosecutor's office is backed up by the law and has been every step of the way. --

No, it hasn't. Plus, the facts get in the way. But, for the narrow point that Dershowitz mounts criticism, the contents of the arrest/charge affidavit being deficient for want of including exculpatory evidence, Dershowitz is wrong, and the prosecutor is in the right.

The state did not argue and the judge did not apply the correct legal basis for denial of bail. The Arthur and Paul (or Blair) cases set out the application of the Florida constitutional and statutory provisions that pertain to detention pending trial.

State v. Arthur, 390 So. 2d 717 (Fla. 1980)

Legal standard for absence of right to bail.

State v. Paul, 783 So. 2d 1042 (Fla. 2001)
State v. Blair, 39 So.3d 1190 (Fla. 2010)

Legal standard for justification of denial of bail.

There are other errors of law as well. I don't believe the affidavit makes a prima facie case for second degree murder.

30 posted on 06/19/2012 3:50:55 PM PDT by Cboldt
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To: Cboldt

I do ...but it is neither here nor there what you and I believe. That lies with law enforcement and the prosecutor’s office.


31 posted on 06/19/2012 3:59:19 PM PDT by DallasSun (Courage~Fear that has sa... prayers.)
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