Order For Discovery ...

(Page 35) ORDER FOR DISCOVERY AND INSPECTION AND FOR EXCULPATORY EVIDENCE

Came this day the defendant for his Motion for Discovery and Inspection and the Exculpatory Evidence and was argued by counsel.

It is ORDERED, ADJUDGED and DECREED that:

The Commonwealth produce and make available for the defendant's trial or trials any and all evidence, materials and/or information of whatever form, source or nature, whether written, recorded or otherwise, that is within the possession, custody or control of the Commonwealth or its agents, as well as any materials of like nature which, by the exercise of reasonalbe diligence should be known by the Commonwealth and which concern any of the charges pending against the defendant in this Court including the following:

1. Any written or recorded statements and confessions or copies thereof, as well as the substance of any oral statements or confessions made by the accused to any law enforcement officer.

2. Any criminal record of the accused.

3. Any and all evidence, material, or information which tends to exculpate the defendant, or which tends to establish a defense in whole or in part to the charges against the defendant, or which may tend to reduce the penalty which the defendant may suffer if convicted of any of these crimes through an indication (page 36) of innocence or through the potential impeachment of any prosecution witness, be it by inconsistent statements or otherwise. This includes, but is not limited to, the following:

a. A copy of or notice of any criminal convictions that may be used to impeach the Commonwealth's witnesses as to all charges against the defendant.

b. All evidence and information affecting or potentially affecting the credibility of any witness for the Commonwealth on any of these charges, including but not limited to:

i. and evidence or information of bad reputation in the community for truthfulness of any witness for the Commonwealth which may be used as a basis for impeachment by the defendant;

ii. any evidence or information of prior inconsistent statements made by any witness for the Commonwealth which may be used as a basis for impeachment by the defendant;

iii. any evidence or information showing bias or prejudice against the defendant on the part of any witness for the Commonwealth which may be used for impeachment by the defendant including any evidence of promises or inducements offered witnesses in exchange for testimony;

iv. any evidence of any mental or physical impairment of any witness for the Commonwealth which would affect their ability to observe, recall or relate facts in this matter such as alcoholism, drug abuse or addiction, mental health treatment, etc., whcih may be used for impeachment by the defendant;

v. any evidence of complicity of any witness for the (page 37) Commonwealth in the acts for which the defendant stands accused which may be used for impeachment by the defendant;

c. Any and all statements by witnesses or others which may tend to exculpate the defendant.

It is finally ADJUDGED, ORDERED and DECREED that the Commonwealth's Attorney provide the foregoing information and responses to the defendant at the Office of the Public Defender for the City of Danville, in writing, within ten days of entry of this order.

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The above is from the defendant's case file that I received from the public defender with the permission of the defendant. It was signed by the public defender but the section for DATE and ENTER (Judge) is blank. There are several papers like this in the defendant's file.

I don't like using the words "public defender" because the person this title refers to was clearly not working in the best interest of the public or the best interest of the defendant. I don't know if it is true or not but I have heard that the public defender of this case is now a prosecutor out in the county. If that is true, I guess he showed that he was a good ole boy and officially got to join their team. If that is true, one can only wonder how many he has prosecuted and sent to prison.

There was no medical records presented in court. The public defender told me he wasn't allowed to see the medical records, yet, he wrote in the defendant's file:

no vaginal tears - no vaginal or pelvic bruising - no cuts - no pictures - no PERK evidence.

In his notes he also wrote, before the trial (page 89): her credibility - inconsistencies denials impeached by others.

According to the ORDER FOR DISCOVERY AND INSPECTION AND FOR EXCULPATORY EVIDENCE the defense was entitled to many things that were never officially turned over to the defense because it is not in the defendant's file. Where are the statements from accuser where she made inconsistent statements before the trial? Where are the statements from the people the accuser claimed she told about the alleged rape. Where is the towel? Where are the medical records?

In the file I received there is no COMPLAINT sheet from the accuser concerning the defendant but there is a COMPLAINT sheet (page 137) where the accuser filed a complaint against someone else who she claimed entered her bedroom while she was sleeping. The accuser wrote it out and signed it, but there is no such sheet concerning this case.

The detective and the patrol officer testified that notes were taken when they spoke to the accuser on February 17, 2003, but neither had any notes with them when they testified. There are no police interview notes in the defendant's file that I received.

The police and prosecution have access to evidence and get to question witnesses. But don't turn over evidence and statements to the defense that could help the defendant. So all the prosecution has to do is not turn over statements and medical records to the defense even though legally they are suppose to. And court officials just have to ignore the inconsistant testimony of the accuser and not accept the testimony of defense witnesses that impeach her. And how do they get away with doing this, well, in this case, no jury trial, no press, no public notice. So basically, this fake case was done behind closed doors.

Since I've been reading about the difficulty that defense lawyers are having getting a fair trial for their clients, it is disheartening to know just how nasty officials can be and that the oath they took does not mean anything to them.

When I first tried to get a lawyer back in 2003, he told me he had to fight for a fair trial. Fight for a fair trial? In America, the U.S. Constitution states that the accused has a right to a fair trial, legal representation and a fair appeal.

Is America ran by real American's anymore? It seems like foreigners have taken over America's legal system and is trying to lock up as many American citizens as possible. I know that there has always been racists holding positions at the city, state and federal level. And I know that greed plays a big part in putting people in prison. But I don't understand how this is allowed to continue. Where are all the American officials who are not racist and greedy and that do believe in the United States Constititution? Where are you?

America goes to other countries, give money and soldiers but in the United States America citizens get no protection from corrupt officials and no fairness in court. This is all like something in a movie. This is like something that happened back in the 1900's. This is more weird and scarier than any horror movie because this is actually happening. TODAY!

I stood in my hall window one day and watched the grey helicopters that had left the airport and was heading to I suppose a military base. I cried. My tears flowed because some young people were leaving and might not return home alive. I cried because some of them was going off to put their lives on the line to protect their country and if they made it back home alive, representatives of the law would not give them a fair trial if they were accused of anything illegal. I weeped because officials in my town my state didn't care about my life or the life of anyone on those helicopters.

I asked for protection and was ignored. The defendant did not receive a fair trial but officials in Virginia do not care.