Posted on 02/01/2013 1:32:58 PM PST by Uncle Chip
It's still around *sigh*.
As one prosecutor told me; "If you change one bit, I can't convict." If the data shows any tampering, it can't be used as evidence by either the prosecution or the defense in the upcoming criminal trial. However, it could be used in a civil suit showing intentional tampering with evidence and failure to follow strict rules of evidence's chain of custody.
somebody tampered with the phone and broke the chain of custody.Normal, they send the phone off to a 3rd party in case like this and they make a image of files before they try to decrypt them. Also, the phone company has a record of every phone call and txt message send or received from the phone. This missing data is more than enough to get Zimmerman off on appeal if this goes all the way. Somebody is going to get a Civil Rights Lawsuit and disbarred.
Until the mountains crumble and the seas evaporate into the vacuum of space, as long as there's a MicroSoft there will be a Blue Screen of Death!
This I do swear!
Regards,
GtG
This is a common Prosecution technique. When the evidence excupates the Defendant, then it is altered or destroyed. The court will then rule it is inadmissable which hurts the Defendant.
This is a clear case of Prosecurial Misconduct.
Oh, I completely agree with you! I just got caught up in terming things the way the prosecution wants it to be known. I have no doubt that Zimmerman acted in self-defense. That bloody nose and face photo told a lot more of the story than the media was willing to let out.
Ever hear of Spoliation of Evidence?
The motion to continue seems to be in essence a motion to delay the trial.
If so, what about the defense’s right to a speedy trial?
When the prosecution is playing hide and go seek with the evidence, then you have to forego your right to a speedy trial with some of the evidence he's hiding for your right to a fair trial with all of the evidence that he's hiding at your disposal.
Especially since a "witness/girlfriend" was supposedly talking to him on same phone just before the attack...
Defendant has to waive the speedy Trial in order to obtain all information/discovery that the State was obliged to provide in the first place. Prosecutor is playing games with this case and now they are trying to obtain a hail mary to avoid paying $millions to Zimmerman.
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