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

To: MizSterious
Dusek is seeking the death penalty, but refuses to turn over critical materials to the defense. Feldman has to go to the police station to view alleged porn..Dusek says he cannot legally copy this information for the defense.

Here's another piece of legal info, although I'm sorry it doesn't fit the DA-is-evil-and-crooked theory. The DA is NOT stalling. As I explained on another thread here early on, but apparently it has been forgotten, Dusek is correct. United States v. Kimbrough, 69 F.3d 723 (5th Cir. 1995), cert. denied, 517 U.S. 1157 (1996) (“Child pornography is illegal contraband” and despite general rules about providing discovery, it cannot be distributed to, or copied by, the defense; the government's offer to make the materials available for inspection but not to allow them to be copied was reasonable).

21 posted on 04/25/2002 10:40:25 AM PDT by Amore
[ Post Reply | Private Reply | To 18 | View Replies ]


To: Amore
That's only true in a case where actual kiddie porn has been obtained as evidence. Alleged kiddie porn is not necessarily the same thing.
593 posted on 04/30/2002 8:47:29 PM PDT by TN Republican
[ Post Reply | Private Reply | To 21 | 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