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To: SJackson; ArneFufkin; CulturalJihad; all
First of all, if the Fourth Amendment "technicality" was violated, the arrest becomes questionable, which could lead to the "confessions" getting suppressed. Further, if the Fourth Amendment "technicality" was violated, the issue of self defense automatically comes into play, with the factual isssues I outlined before becoming of paramount importance. If that were to happen his some of his comments could actually help him, as it shows his state of mind.

You can all piss and moan about my posts all you want - the reality is, even as a prosecutor an attorney is obliged to respect the Constitutional Rights of the accused - no matter how much you guys might want to bring back the Star Chamber.

AdolfFufkin, you don't know a damn thing about me...if you did, you'd find I'm pretty resepected amongst the law enforcment community and the bar where I work. I don't lose the tough ones and I don't bow to political pressure to dump cases. The cops respect that and the defense bar, with the exception of two or three real assholes, respect that as well. You'd also be surprised to find that most of the cops I work with who are familiar with this case share the same concerns I do - for the same reasons.

Some day you'll graduate from high school. Hopefully you'll pull your head out of your @ss before you suffocate and then enventually you'll evolve. If you don't I have no doubt you'll end up running your own Fascists Underground Club...

111 posted on 04/06/2002 8:54:41 AM PST by Abundy
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To: ALL
From the Star Democrat on this date:
...

Defense attorneys Patricia Chappell and Brian Shefferman had argued that the three officers violated Zito's constitutional right against unreasonable search and seizure when they broke into Zito's attached porch without a search warrant. They argued that since the officers violated Zito's right, all evidence coming as a result of that illegal entry should be inadmissible.

Specifically, defense attorneys wanted to suppress several statements including all statements made by Maryland State Police Trooper Corey Skidmore, the sole survivor of the shooting, since he participated in the illegal entry of Zito's residence.

They also sought to suppress several "blurts" by Zito prior to and after his arrest the night of the shooting. Finally, the defense wanted to throw out Zito's search warrant, calling it too broad.

State's attorneys David "Chip" Gregory and Christopher Drummond argued that Zito's mother, Betty Zito, gave the officers the key to Zito's trailer, which amounted to consent to search it.

Judge Davis agreed with defense attorneys that Zito's rights were violated. He said that Betty Zito did not have authority to consent to a search since Zito rented the trailer from her and it was his residence.

"I feel that Mrs. Zito's consent was not valid," Judge Davis said. "The entry into the porch and the attempted entry into the house... was not constitutionally authorized."

Davis denied the defense's motion to suppress evidence on every point, though, saying that granting the motion would effectively give people whose rights have been violated free rein to kill police officers.

Denial of the motion will allow testimony from several police officers and two Wicomico County Detention Center employees who say they overheard Zito admit to shooting the officers. ...

For the rest of the story click here

This will get appealed by the Public Defender...his stated reason for denying the suppression is not a legal foundation...hopefully his actual decision is founded in legal principles, because, knowing the Maryland Court of Appeals, unless the judge can cite some sort of precedent I can see Judge Bell overturning his decision and suppressing the evidence.

I'm sure AdolfFufkin is cheering though...

115 posted on 04/06/2002 9:04:44 AM PST by Abundy
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To: Abundy
You're a joke. You do what your political masters tell you. Yeah, like you are going to do a meticulous Constitutional test on THIS case before you bring it forward you fraud:

Captain: Some folks are asking around if there's any news on that indictment for the guy who murdered our cops ... the Mayor, Chief, Governor ...
AG: Bundy took the file up to the lake this weekend. He wants to chew on some of the Constitutional issues that give him pause, work them through some paces like only he can. Oh and he's taking a personal day Monday. Captain: ABundy, oh yeah no problem ... y'know the Funerals ARE today and we have those 600 LEOs for the procession, the question might come up ... but yeah ... ABundy .... whenever ..

You are such a phony Abundy. You'd still be sitting on this Zito case trying to get your arms around the definintion of "murder"! What a wanker. You're unfit for duty pal.

119 posted on 04/06/2002 9:36:54 AM PST by ArneFufkin
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