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Appeals court denies extension in Shipley case despite strangely lost testimony(Gunwalker)
Gun Rights Examiner ^ | 18 May, 2012 | David Codrea

Posted on 05/20/2012 5:48:53 AM PDT by marktwain

Despite the government losing records for a full day of testimony in a gun conviction case involving a former FBI agent, the United States Court of Appeals Fifth Circuit has denied a 30-day extension for his attorney “as moot.” A late-April order in the case of USA v John Shipley, sent to Gun Rights Examiner recently by a confidential source, was reviewed this morning by this correspondent. It raises serious questions about the fairness of the proceedings and both the actions and motives of those behind the prosecution.

Longtime readers will recall Shipley’s name surfaced in this column in July, 2009, as a potential “Mexican crime gun” source, and almost immediately questions surfaced on whether or not he was merely an enthusiastic collector being persecuted for making private sales. He gained notice when a gun he sold to an El Paso County Sheriff’s Deputy was resold and then recovered in Mexico. While Shipley was found guilty of six counts of dealing weapons without a permit, his family declared “The first battle was lost but the war is still on.”

This latest round in Shipley’s appeals process began almost a full year ago, when, per the Shipley Legal Defense website, “As of the status hearing on May 25th, the government informed the courts that a day’s testimonies were lost. John's lawyers petitioned the 5th circuit court for a mistrial and bond.”

Simply put, the recent denial involves several baffling elements that begin with the outrageous loss of testimony from Shipley’s trial. Because of that, his new counsel could not adequately prepare his appeal.

The government’s solution was to send the case back to district court to “recreate” the lost day of testimony. How such a thing would be considered possible, let alone admissible, is something non-lawyers like this correspondent find inconceivable.

(Excerpt) Read more at examiner.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; News/Current Events
KEYWORDS: 300deadmexicans; atf; banglist; dea; dhs; doj; fastandfurious; fbi; gunrunner; gunwalker; ice; murdergate; obama
A whole day of testimony lost, and the court says it should be "recreated"?
1 posted on 05/20/2012 5:49:04 AM PDT by marktwain
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To: MestaMachine

Gunwalker, Murdergate ping.


2 posted on 05/20/2012 5:50:04 AM PDT by marktwain
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To: marktwain

There really should be a lot of government individuals in prison for a long time. Really.


3 posted on 05/20/2012 6:10:39 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: marktwain

Would that qualify as a violation of the 6th Amendment?
There’s something awful fishy about missing a whole day’s testimony that makes me wonder what was on it.
Perhaps it was something that would implicate the officials in a conspiracy hearing or something.


4 posted on 05/20/2012 8:30:10 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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