Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: meandog
subornation of evidence is a felony in most states...isn't it

Right idea--wrong word.

Subornation:
1. To induce (a person) to commit an unlawful or evil act. 2. Law a. To induce (a person) to commit perjury. b. To procure (perjured testimony).

The prosecution has a duty to divulge exculpatory evidence pertaining to the defendants. I don't know if withholding such evidence is a felony--more like prosecutorial misconduct.

19 posted on 12/15/2006 12:09:37 PM PST by TruthShallSetYouFree (Abortion is to family planning what bankruptcy is to financial planning.)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: TruthShallSetYouFree

A trial is supposed to be a search for the truth. This requires the State to divulge any evidence it acquires, whether exculpatory or incriminating to the defendants. Unbeknownst to most, the DA as agent of the State, is there to see that justice is done, not that some personal political agenda be accomplished. The damage done to race relations, Duke community relations and the reputations and futures of these kids is grounds for the immediate removal and prosecution of Nifong.


58 posted on 12/15/2006 12:34:49 PM PST by appeal2
[ Post Reply | Private Reply | To 19 | View Replies ]

To: TruthShallSetYouFree

"The prosecution has a duty to divulge exculpatory evidence pertaining to the defendants. I don't know if withholding such evidence is a felony--more like prosecutorial misconduct."

That depends. If the lab report was deliberately altered to omit the exculpatory evidence, then that goes beyond a failure to disclose, and approaches falsifying evidence, which is a felony, I believe. To prove that, they would probably have to find a draft of the report with the exculpatory evidence included.

On the other hand, the discussion between the lab chief and the DA to exclude the evidence from the report may constitute conspiracy - and even if the underlying crime is a misdemeanor, conspiracy is usually a felony.


70 posted on 12/15/2006 12:42:24 PM PST by CA Conservative
[ Post Reply | Private Reply | To 19 | View Replies ]

To: TruthShallSetYouFree
IMHO, Nifong should have been charged with prosecutorial misconduct a long time ago. What a complete and utter mess.
114 posted on 12/15/2006 2:21:38 PM PST by khnyny (God Bless the Republic for which it stands)
[ Post Reply | Private Reply | To 19 | View Replies ]

To: TruthShallSetYouFree
more like prosecutorial misconduct.

I have the feeling this thing's going to go away in a few months on a defense motion to dismiss with a deliberately ineptly argued response. Just a little finesse, there.

The big challenge will be finding someone to hold onto the papers while the judge signs them, since he'll have one hand occupied holding his nose.

128 posted on 12/15/2006 5:29:38 PM PST by ArmstedFragg
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson