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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
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To: All

Fromm NC Dept of Department of Justice
Attorney General Roy Cooper

(http://www.ncdoj.com/default_contactus_form.jsp?sectionid=ag&subsectionid=general)

District Attorneys:
In North Carolina, district attorneys are Constitutional officers directly elected by the people in the district where they serve and are not a part of the Attorney General's Office. Complaints against a member of a local district attorney's office should be directed to the staff member's immediate supervisor and, if unresolved, to the district attorney.



from the Constitution of North Carolina

(http://statelibrary.dcr.state.nc.us/nc/stgovt/article_iv.htm)

Sec. 18. District Attorney and Prosecutorial Districts.

(1) District Attorneys. The General Assembly shall, from time to time, divide the State into a convenient number of prosecutorial districts, for each of which a District Attorney shall be chosen for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly are elected. Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a District Attorney. The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe.

From what I read here , this guy is responsible only to himself


85 posted on 12/15/2006 12:56:36 PM PST by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
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