Expert: Chris Wagoner - 4/2/2008

Question
QUESTION: i requested from the court, in writing, and to the judge, the p.d. and the s.a.o all paperwork since the beginning in dec. he wasn't arrained til feb 2..he also requested more than ten times the information. he only saw his pd for the first time yesterday. no, he can't get a proper defense. but his pd pretty much told him to 'build his defense'..he received 40 of the 75 pages of discovery, nothing of use to him. no statements, no evidence finding. he has a case management on apr. 2. it was continued because the last court date, the judge and the s.a.o everyone involved. had no file, no info on him at all..which i would of thought they'd have to let him go. i appreciate the kindness. the patience. are all statements that go to the state in written or taped form? or either? also one more thing. because the officer who was in contact via radio to another officer, thought he knew who the suspect was, gave him a description which led him to pull up a single photo on his database of the guy accused..isn't that suggestive, don't they have to show a 6 man line up..thank you for your time.
God Bless..

ANSWER: Hi Susan,

As for the paperwork and stuff sounds like everyone is having trouble getting it. Also you may want him to look into a speedy trial problem. He could file for a dismissal on the grounds of failure to allow him a speedy trial as guaranteed by the US Constitution.

As for the statements it all depends on the department taking them. They could be taped, written out, or recorded video, it all depends.

As for the photos, no they don't have to show six, what they did was called a show up, it happens within a short time of the occurrence and is OK.

Hang in there, and remember, if they fail to give him a proper defense, then he has grounds for an appeal and even dismissal, or a new PD. And its not up to the accused to prove he is innocent, its up to the Court to prove they are guilty. Something many forget.

---------- FOLLOW-UP ----------

QUESTION: thank you, as for a new PD, he's been given 2 already due to conflict of interest, today at case management, he lost yet another PD because of 'conflict of interest'..so he's going on his third PD. I have another question, as far as the signing of the 'statement' or affadavit that we didn't have any signature to. and i asked if it had to be signed. you had said yes. i had put in a motion to dismiss on those grounds. when he received part of his discovery, and i received the charging document which was in fact what we had. suddenly it had signatures on it..but the exact copy we were given months ago..didn't have any signatures. can they go back and sign? also, if the so called victims don't show up at depositions do they drop it? ty so much...I just don't want to see what happened to my brother happen to this young man and it seems as if he can't get a break. i will take your advice as far as the speedy trial issue. you're a Godsend...

Answer
Hi again Susan,

Wow this sounds like a bad movie. No offense. It must be terrible to see all these errors on the side of the criminal justice system and nothing being done.

The fact that he has had 2 and now 3 PD's alone should be grounds for a new trial, appeal or dismissal of charges.

If the victims fail to show for depositions then yes, charges should be dropped.

Susan with all the issues this case has going for it, I don't see how it can ever make it to trial. I would sit down and list all the issues that have occurred and put these into a request for dismissal.

Also have you thought of "accidently" releasing this case to the press? They would love something like this. And it may bring it to the attention of a Judge or two, and you never know.

Good luck Susan and stay strong. You sound like you are trying hard and on the right track. Sounds like your doing all the right things and should be OK in the long run. As they say, The wheels of Justice turn slowly." and sometime the barley turn at all.

Good luck and be safe..