Posted on 03/08/2021 5:55:51 PM PST by RBW in PA
Looking for comments and opinions:
I was involved in a court case where a local Assistant District Attorney was a witness to the case. The ADA asked to make closing remarks to the defendant, became very emotional and verbally attacked and slandered the Defendants Attorney. A year later I filed a request for transcripts of this case on my own and received acknowledgment by the court that it was received this past July. Note that I stated specifically that I wanted the ADA’s closing statement and listed the exact words used. In addition, this was recorded the day it occurred in a journal that I kept. The court ignored my request and would not answer or return calls inquiring about the status for over six months. Only after an Attorney contact the court were the transcripts issued.
Upon receipt, I noticed that the ADA’s comments were altered to a single, benign sentence. This is in no way accurate and my journal entry supports this. I’ve notified the defendants Attorney, he was there and knows what occurred, but will not comment or act. Upon further review of the Transcript, I noticed that the certification statement (No 1.) is not dated and contains the “weasel words”, "to the best of my ability". After reviewing two additional transcripts (No. 2 & No. 3) from the same state and court type (common pleas) their certifications are different then mine, but identical to each other. Both of these contain the same certification wording, are dated and contain no “weasel words”. Additionally the court did not follow the formal billing procedure for my transcript and has yet to cash my check after at least 30 days.
Here are the Certification statements;
C E R T I F I C A T I O N (1)
I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this is a correct copy of the Original transcript of the same to the best of my ability.
Signed
Jane Doe, FSR
C E R T I F I C A T E (2) I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the notes taken by me in the above cause and that this copy is a correct transcript of the same.
Signed
Mary Smith, CRR, CRC
Official Court Reporter
November 10th, 2020, 6:15 PM
C E R T I F I C A T E (3) I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the notes taken by me in the above cause and that this copy is a correct transcript of the same.
Signed
Agnes Appleseed, RMR
December 16, 2011
I’m trying very hard to request an audit of the transcript provided against the raw Court Reporters media. However, I’m fighting the system and having difficulty finding someone willing to do this. Any suggestions or comments are appreciated.
There was no audio or video recordings you could file FOIA request for?
I’m just guessing in the dark here but maybe she went “off the record”; or maybe the judge waved the court reporter off with a hand gesture during the tirade?
This is why you always make your own recording of court hearings and trials or have have someone else do it.
You have the proof that they did.
This kind of crap should allow for atorneys in cort to personally record the proceedings.
So... you asked for a transcript and it doesn’t match your memory?
It is shit like this is why you always record all your phone calls with public officials. They lie about what is said, and get really pissed off when you play the recording.
This is a good example why you should not go drunk to court.
I have found that it is rare to receive more Justice from the Legal System than one can afford to purchase.
You should be able to walk in the Clerk of Court’s office, sit down at a computer and print out the court minutes.
Yes! Transcripts are altered. When I finally realized what was going on in my case, I brought in a video court reporter for the depositions. The state begged my attorney not to use them. I insisted. The state settled fairly quickly after that. I would bet that this happens more often than not.
What E. Pluribus Unum said.
THE most powerful and dangerous agent of the judicial system is the
Court * reporter*.
If they don’t type it
It wasn’t said.
There is no one looking over their shoulder .
Never cross them or anyone connected to them in anyway anywhere or anytime.
I’ve been buggered by one , good luck.
You need to talk to an attorney licensed in that state. In some states, opening and closing statements are not required to be taken down in felony cases, although they may sometimes be. From your description, your state may be one of those, in which case you would likely be out of luck.
If your criminal attorney won’t answer your question as to what would have been taken down in that matter, you might need to retain other experienced counsel to advise you. Again, I would recommend that you consult an experienced criminal defense attorney in your jurisdiction.
Also, how was it taken down? Stenotype, Stenomask, Realtime, Digital? There may or may not be an audio recording depending on how the court reporter worked. (And, in some civil matters in some courts, an audio tape might be all that is available.
The closing remarks were recorded. The vast majority of the transcript is accurate. However, the ADA’s “inappropriate” remarks were altered to single sentence and downplayed so a person who was not present would think nothing of them.
AHA! I have found the problem.
Anyone who does not know the difference between "then" and "than"
deserves to be screwed over to the full extent of the law.
People like that have no place in modern society and should be locked up.
It is quite possible that, if you went on tirade, it was stricken from the record by the order of the judge.
File an affidavit with the court stating that the transcript is inaccurate or incomplete. Attach your contemporary notes and then state under penalty of perjury what the testimony or statements should have read.
At least this puts the issue before the court.
Same thing happens when the FBI wants to interview you. Show up with an attorney and a voice/video recorder and you will be told it is against the FBI’s policy to allow their interview with you to be recorded. For some reason they almost always lose interest in interviewing you.
In reality, agreeing to a law enforcement official is almost always a bad idea unless you are the victim of a crime. There is no way it can help you unless you get a written agreement for immunity for all crimes related to the interview.
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