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Sex case hinged on phony lab report
Mercury News ^ | 12/16/2007 | Leslie Griffy

Posted on 12/18/2007 9:37:29 AM PST by Khankrumthebulgar

S.J. OFFICER'S RUSE BECAME EVIDENCE By Leslie Griffy Mercury News Article Launched: 12/16/2007 01:37:24 AM PST There was one major problem with the Santa Clara County crime lab report that implicated a San Jose man of sexual assault: It wasn't true. The document was a fake, created by a San Jose police detective. The crime lab analyst who purportedly prepared the document doesn't exist. The number used to identify it was false. Even so, detective Matthew Christian testified as though the phony report were authentic. The case unraveled when the defense attorney sought the résumé of the lab analyst, only to learn there was no such person. Christian then remembered that he had concocted the report in an attempt to trick the defendant, Michael Kerkeles, 54, into admitting that he had forced a developmentally disabled neighbor into sexual acts. It was an acceptable tactic. But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.

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


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: badcopnodonut; donttasemebro
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1 posted on 12/18/2007 9:37:30 AM PST by Khankrumthebulgar
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To: Khankrumthebulgar
But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.

Whiskey Tango Foxtrot?

2 posted on 12/18/2007 9:38:50 AM PST by krb (If you're not outraged, people probably like having you around.)
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To: krb

lol


3 posted on 12/18/2007 9:39:45 AM PST by beebuster2000 (choice is not not peace or war, but small war now, or big war later masquerading as peace now.)
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To: Khankrumthebulgar
"But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse."

I'll bet a hefty fine and substantial jail time would do wonders to improve Christian's memory.

4 posted on 12/18/2007 9:42:33 AM PST by davisfh
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To: krb

When you falsify a bunch of reports, it’s hard to remember whether the specific one you’re testifying about is one you falsified. Makes me wonder if there have been convictions on false reports with defense attorneys that didn’t double check credentials.


5 posted on 12/18/2007 9:43:47 AM PST by faloi
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To: Khankrumthebulgar

Sounds right.

Police have to play all kinds of tricks since criminals have more rights than victims


6 posted on 12/18/2007 9:44:22 AM PST by <1/1,000,000th%
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To: Khankrumthebulgar

Worth signing in to read the full article. It has many elements of the Duke rape hoax — the lab technician who made the fake report didn’t exist, the prosecutor ignored the actual report because it didn’t help her case, then refused the defense attorney’s request for the file, etc.

Oh, and the perjury? His boss describes it as “an honest mistake”.


7 posted on 12/18/2007 9:44:48 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: krb

I’m sorry, but I don’t think that presenting a suspect with false evidence to get a confession is an “acceptable tactic”.


8 posted on 12/18/2007 9:45:43 AM PST by jdub
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To: Khankrumthebulgar

“Christian then remembered that he had concocted the report in an attempt to trick the defendant...It was an acceptable tactic.”

Has this guy been taking Dan Rather pills?


9 posted on 12/18/2007 9:46:14 AM PST by Clioman
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To: beebuster2000

Reid Seligmann has joined the Innocence Project. This is another Smoking Gun example of Police and Prosecutorial misconduct. And there is no media storm of controversy. Why? Because it is only a Man whose life has been damaged by a False Accusation.

It is what over 250 Men now released from Prison who were cleared by DNA evidence? It is clear that the justice system is broken and corrupt. To send Innocent Men to Prison. It is time for a National debate on the Feminization of the Judiciary.

Judge Dieker who wrote the book this summer. About How Liberalism and Feminists are corrupting the Judiciary.
The Tyranny of Tolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault

If you read what is said on the amazon posting about the book. And heard his interview on Fox News. You know the system is seriously corrupted. The Duke LaCrosse case is not an isolated incident. Rather it is a pattern across the country of Police and Prosecutor’s misconduct.

Freedom itself is under attack in the US.


10 posted on 12/18/2007 9:46:17 AM PST by Khankrumthebulgar
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To: Khankrumthebulgar

bump for later


11 posted on 12/18/2007 9:46:51 AM PST by joe fonebone (When in danger, when in doubt, run in circles, scream and shout)
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To: jdub
Yeah, just suppose you are an innocent person and the detective comes in with a lab report that “proves” you are guilty. What country would you think you were living in? Stalin’s Russia? Castro’s Cuba?

This should not be acceptable in this country. Hope this detective gets some jail time.

12 posted on 12/18/2007 9:49:26 AM PST by BigBobber
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To: Khankrumthebulgar
Christian then remembered that he had concocted the report in an attempt to trick the defendant, Michael Kerkeles, 54, into admitting that he had forced a developmentally disabled neighbor into sexual acts. It was an acceptable tactic.

That is an acceptable tactic?! That's horrible. It's not difficult to get false confessions and this would contribute to that.

13 posted on 12/18/2007 9:49:35 AM PST by Fairview (Taxes? I paid those -last- year!)
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To: jiggyboy

Oops I forgot about the “victim”: the D.A. relied exclusively on her testimony, which was, as in the Duke rape hoax, full of contradictions and changed in various retellings, including a claim soon proven false that another woman had been raped as well.


14 posted on 12/18/2007 9:50:46 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: <1/1,000,000th%; krb

-—would either of you be “laughing out loud” or think it was “right” if you were the victim?


15 posted on 12/18/2007 9:50:57 AM PST by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: Khankrumthebulgar

This needs to be referred to the Grand Jury.


16 posted on 12/18/2007 9:53:17 AM PST by Enterprise (Those who "betray us" also "Betray U.S." They're called DEMOCRATS!)
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To: <1/1,000,000th%

There is NOTHING - NO criminal worse than a dirty cop.

A dirty cop is worse than a mass murderer.

A dirty cop is worse than a child molester.

The previous are foul criminals.

Dirty cops undermine faith in our entire system of rule of law.

Murderers kill a person - Dirty cops kill liberty.


17 posted on 12/18/2007 9:53:54 AM PST by GovernmentIsTheProblem (The GOP is "Whig"ing out.)
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To: <1/1,000,000th%
Police have to play all kinds of tricks since criminals have more rights than victims

The problem is, we're all criminals now. Yes, even you.

18 posted on 12/18/2007 9:54:22 AM PST by elkfersupper
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To: rellimpank

What about my post makes you think I think this is right?


19 posted on 12/18/2007 9:55:03 AM PST by krb (If you're not outraged, people probably like having you around.)
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To: Khankrumthebulgar

This kind of dishonesty destroys the peoples faith in the integrity of our justice system. It hurts the rule of law.


20 posted on 12/18/2007 9:56:21 AM PST by passionfruit (When illegals become legal, even they won't do work American's won't do)
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To: krb
But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.

He even forgot he was the one who came up with the name of the fake lab technician.

Well if he isn't jailed for lying he'll be fired for doing it badly.

21 posted on 12/18/2007 9:56:59 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Khankrumthebulgar

> “It was an acceptable tactic.”

The whole problem started right here. It was NOT an acceptable tactic to begin with.


22 posted on 12/18/2007 9:57:06 AM PST by jim_trent
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To: rellimpank

I think krb’s in the clear here.


23 posted on 12/18/2007 9:58:46 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Khankrumthebulgar

But Christian said that by the time he was called to testify, more than a year later, he had forgotten the ruse.
********************
DOH!


24 posted on 12/18/2007 9:59:19 AM PST by Southerngl
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To: <1/1,000,000th%
It sure does not sound right to me. Hopefully you will never have to deal with such a trickster. Unbelievable, just falsify records and send an innocent person to jail and you support it?
25 posted on 12/18/2007 10:01:34 AM PST by SF Republican
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To: Khankrumthebulgar

“It was an acceptable tactic”

Lying by cops is now acceptable?


26 posted on 12/18/2007 10:01:35 AM PST by edcoil (Reality doesn't say much - doesn't need too)
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To: rellimpank
-—would either of you be “laughing out loud” or think it was “right” if you were the victim?

The victim will probably not get justice because the court will throw out the confession based on the phony form.

The fact that everyone knows she was raped by this guy is irrelevant to the court because there isn't admissible evidence to convince a jury.

The criminal is free to rape someone else. No I would not want to be a victim in our system of justice.

27 posted on 12/18/2007 10:02:50 AM PST by <1/1,000,000th%
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To: GovernmentIsTheProblem

This isn’t a dirty cop.

This is how police work has been getting done since the ‘50’s when the Warren Court decided criminals should get special rights.

The cop put a fake document in front of the suspect because he might confess and provide details about the rape that only the rapist would know. Then that could be used in court because the criminal assumes he’s already caught.

If the suspect is innocent, he knows the document is fake and he can’t provide details only the rapist would know.


28 posted on 12/18/2007 10:07:02 AM PST by <1/1,000,000th%
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To: <1/1,000,000th%

“Confession”? RTFA.


29 posted on 12/18/2007 10:07:19 AM PST by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: elkfersupper

Not until you commit a crime.

My dad doesn’t like cops either.


30 posted on 12/18/2007 10:07:47 AM PST by <1/1,000,000th%
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To: krb

I wonder how many other concocted pieces of evidence are out there. If he forgot it must be fairly routine.

The real shame is this will call into question every case this cop ever worked. How many guilty people will now appeal their conviction because of these lies?


31 posted on 12/18/2007 10:07:52 AM PST by driftdiver
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To: <1/1,000,000th%

“The fact that everyone knows she was raped by this guy “

Was everyone there?


32 posted on 12/18/2007 10:08:50 AM PST by UCANSEE2 (Just saying what 'they' won't.)
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To: Khankrumthebulgar

It’s crap like this that made me rethink the death penalty.

Here’s an idea for a new law. Anyone caught falsifying evidence in a case gets the sentence that would have been handed down in that case.


33 posted on 12/18/2007 10:09:15 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: Southerngl

So apparently not only can they make up anything they want and present it for evidence, but based on their “belief” the judge can leave this on the books. spew!!! disgusting!!!


34 posted on 12/18/2007 10:10:46 AM PST by DeLaine (Santa...I can explain!)
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To: <1/1,000,000th%

Except he was so hell-bent on sending an innocent man to prison he submitted it as evidence.

Not only was it an assault on the “suspect,” it robs the victim of justice and poisons all law enforcement our judicial system.

That officer should spend the rest of his life in prison. In general population.


35 posted on 12/18/2007 10:11:32 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: krb

Bravo Sierra!


36 posted on 12/18/2007 10:11:54 AM PST by magslinger (cranky right-winger)
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To: Khankrumthebulgar
The police will learn their lesson from this case. When creating false lab reports always use the names of real lab technicians, preferable ones who know how to "play ball" with the cops if the report is ever questioned.

The cops are looking to get convictions. If they convict the right person, will that's nice too.

37 posted on 12/18/2007 10:11:59 AM PST by KarlInOhio (Government is the hired help - not the boss. When politicians forget that they must be fired.)
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To: Khankrumthebulgar
Photo Sharing and Video Hosting at Photobucket

Fake but Accurate!

38 posted on 12/18/2007 10:12:00 AM PST by rfp1234 (Mundus vult decipi: the world wants to be deceived. ---James Branch Cabell)
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To: <1/1,000,000th%
The criminal is free to rape someone else.

Except he didn't do it. If anything is letting rapists run free, it's letting them off the hook by convicting other people.

But I guess "facts" are secondary to people who get a stiffy at the thought of police power.

39 posted on 12/18/2007 10:13:42 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: jiggyboy; All
--I think you have well described why I am not "laughing out loud" nor would I want to be the a target of the "forgetful" cop.

--at least it wasn't one of those "wrong address" SWAT team situations where somebody got killed---

40 posted on 12/18/2007 10:13:59 AM PST by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: <1/1,000,000th%
Not until you commit a crime.

Correction. Not until you are accused of a crime.

Just for fun someone should call the cops and accuse <1/1,000,000th% of child rape. Then we'll see just how big a fan he is of phony evidence.

41 posted on 12/18/2007 10:16:00 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: edcoil

{Lying by cops is now acceptable?}

Lying by cops has always been acceptable. I was once interviewed by an FBI agent. He went to great lengths to warn me that lying to the FBI was a Federal crime punishable by a long time in jail. I asked him what the penalty was if HE lied to ME? He was stunned! Deer in the head lights stare, speechless.

Interview over.


42 posted on 12/18/2007 10:50:19 AM PST by Islander7 ("Show me an honest politician and I will show you a case of mistaken identity.")
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To: VirginiaConstitutionalist

Its ironic that advocates of special rights for criminals are so violent.


43 posted on 12/18/2007 10:53:42 AM PST by <1/1,000,000th%
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To: driftdiver
The real shame is this will call into question every case this cop ever worked.

Yep, and it will take a long time to sort out. Right now there's a public inquiry going on here because a medical examiner turned out to be an incompetent fraudster and now a lot of murder cases he worked, some going back decades, have been reopened with at least two convictions overturned so far.

44 posted on 12/18/2007 10:53:52 AM PST by Squawk 8888 (Is human activity causing the warming trend on Mars?)
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To: <1/1,000,000th%

Asking the police to not submit fake evidence is not “special rights for criminals.”


45 posted on 12/18/2007 10:55:54 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: VirginiaConstitutionalist

You want someone to be raped so you can accuse me.

Why would that be your first choice unless you think criminals should have special rights over victims?


46 posted on 12/18/2007 11:03:21 AM PST by <1/1,000,000th%
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To: Khankrumthebulgar

So they are allowed to use fake documents to induce a confession but are allowed to say the fake the confession founded on a lie is real.

When you have defendants who consider the unlimited financial resources of the state vs their limited ability to mount a defense, the clearly shocks the conscience.

No confession should be induced by fraudulent evidence.

If this is fake what else has the officer “accidentally” testified to? How many other times did this “expert” produce a report?


47 posted on 12/18/2007 11:05:10 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Khankrumthebulgar

people do not understand, prosecutorial misconduct is SOP!


48 posted on 12/18/2007 11:06:36 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: <1/1,000,000th%

Wow. You missed the point. And given your comments on this thread I’m not surprised. You get a stiffy at the thought of people in the slammer, and nothing’s going to stop you.

I much prefer the finding the actual criminals, convicting them using actual evidence and locking them away forever, than just finding some dumb kid, faking the evidence and chuckling as he’s hauled off.


49 posted on 12/18/2007 11:07:08 AM PST by VirginiaConstitutionalist (Illegals contribute more taxes than welfare recipients. Maybe we're deporting the wrong people.)
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To: Khankrumthebulgar

Cops and DAs who are dirty should serve the same sentence an innocent subject would have received if they had been guilty.


50 posted on 12/18/2007 11:10:01 AM PST by purpleraine
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