Skip to comments.Appeals court denies extension in Shipley case despite strangely lost testimony(Gunwalker)
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 Shipleys 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 Sheriffs 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 Shipleys 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 days 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 Shipleys trial. Because of that, his new counsel could not adequately prepare his appeal.
The governments 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 ...
Gunwalker, Murdergate ping.
There really should be a lot of government individuals in prison for a long time. Really.
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.