To: Sandylapper; Devil_Anse
My understanding is the judge ruled against hearing the 402's.
Now,there is only the Frank's hearing left,which will be held on October 29th. The trial court must decide whether there would have been probable cause to issue the search warrant had the judge been aware of the misstatements or omitted information.(which is what the defense claims) Of course the prosecution has came back with their response,so the judge will have to make a ruling on which has merit. DevilAnse,please feel free to make any corrections or add information,to what I have said in my post.
699 posted on
10/24/2003 2:18:03 PM PDT by
MaggieMay
(A blank tag is a terrible thing to waste)
To: MaggieMay; Devil_Anse; All
Girolami issued a tentative decision in favor of holding a special hearing on whether to allow mitochondrial DNA evidence gathered by authorities. Such hearings allow judges to explore technology that might be new to courtrooms.
The judge, however, ruled against special hearings on cadaver dogs and global positioning system tracking technology.
Above is from the ModBee article you posted this a.m. I understand that the judge made 2 decisions at least on the evidence, (1) in favor of a hearing on mitochondrial DNA, and (2) he ruled against special hearings on cadaver dogs and global position system tracking technology. So the "402's" are the cadaver dogs and global......, right? Where do the wiretaps come in, or do they?
Now,there is only the Frank's hearing left,which will be held on October 29th.
Does that mean he will have a Frank's hearing first, before the evidentiary hearing, and will the Frank's hearing cover the wiretaps? I'm just confused! Please forgive me!
To: MaggieMay
Maggie I don't think the Judge will exclude the Prosecutions evidence. They fully explained "how" it came to be that the investigator omitted evidence he had no knowledge of at that time.!!
721 posted on
10/24/2003 6:29:45 PM PDT by
Canadian Outrage
(All us Western Canuks belong South)
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