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To: Psalm 144

Look, as a retired police officer, I have watched how a good defense attorney can sink a prosecuting attorney over something like this. The fact that they let the burgers off for their testimony is a start.

As for chain of custody, the miscreants that gave the CD’s to the police doesn’t give credence to any chain of custody.


25 posted on 10/06/2011 11:14:24 PM PDT by doc1019 (You do not need a parachute to skydive. You only need a parachute to skydive twice.)
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To: doc1019

Those must have been some really poor prosecutors you watched, more than the defense attorneys being good.

This is not a hard case to win if the seized materials are inculpatory as well. If the ONLY incriminating evidence is what the two burglars brought in, then a case could be made that there is reasonable doubt that it was ever in the defendant’s possession.

I have more problems with the approach to possession of child porn as a status crime in itself, without proof of intent. It is too easy to be planted, even remotely.


30 posted on 10/06/2011 11:29:24 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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