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Showing posts with the label Prosecutorial misconduct

Delayed criminal discovery is no accident. It is prosecutorial misconduct.

Prosecutors who withhold discovery are not just bending the rules—they’re burying justice. It’s not negligence. It’s not oversight. It’s deliberate misconduct. When a crime happens, police descend, question witnesses, grab what evidence they can, and zero in on a suspect. But let’s be real: they’re not psychics. They miss things—sometimes right in front of them. Witnesses lie, dodge questions, and blur facts. Body cams now capture these chaotic early moments, but they don’t fix the mess—they just record it. Then the prosecutors step in. They file charges fast. But the discovery—the very evidence that could exonerate the accused—is locked away for weeks, sometimes months. They stall. They sit on it. Why? Because time kills defense cases. Witnesses vanish. Memories fade. Physical evidence slips through the cracks. And the prosecutors know it. Judges look the other way. And the defense? Most of them shrug and play along. This isn’t just a procedural hiccup. It’s a systematic denial o...

Combating Wrongful Convictions, Redefining Criminal Defense Investigators and powers.

N Phoenix, AZ —Most of my blog visitors know I’m a longtime criminal defense investigator and have worked on many high profile cases helping the wrongfully accused.   The defense and prosecution is supposed to have parity and equal treatment in the courts but it’s all just pretend.   There is a huge laundry list of issues that work against the accused before their trial even begins.   One thing that troubles me is seeing the same prosecutors in large jurisdictions working every day before the same judges.   They literally sometimes even sleep together. When a criminal defense attorney comes to their court he or she is an outsider and often treated that way.   The police have enormous powers to gather evidence such as the Grand Jury subpoena.  They can arrest those who obstruct investigations, tamper with witnesses and can most importantly obtain search warrants. Defense investigators should just like cops be able to surreptitiously recor...

Arias Trial is Void Because the Government Facilitated Witness Tampering on a Grand Scale.

Judge Sherry Stephens and Prosecutor Juan Martinez  Phoenix, AZ —Let me begin by saying I’m not now nor have I ever been retained as the defense investigator for  Jodi Arias .   I’m not her friend or one of her supporters.   I have however been greatly alarmed by the conduct involved with her journey through the Arizona criminal justice system. How the Arias case became such a high profile circus defies all logic. This was a no more than passionate event of one lover killing another.   This is not really unusual as homicides go.    How this became a Capital First Degree Murder Case makes no sense to me at all.   Had there been financial gain involved I may have supported a murder charge. Arias has already been behind bars for over six years and has served adequate time for a more realistic crime such as Manslaughter.   She’s been convicted of Capital Murder and now a second jury is going to be wangling with her punis...

Expect More Surprises in The Jodi Arias Case

Phoenix, AZ —The second attempt to get a verdict in the penalty phase of the Jodi Arias murder trial is about be get underway before Judge Sherry Stephens . Will it be death, life without parole or a 25 calendar year sentence?    Arias would get full credit for her years in pretrial custody.   Arias is understandably and desperately seeking some control over her defense and public relations matters.   The problem is that she’s woefully unqualified to make any of those decisions. The lawyers assigned to defend Arias are not exactly heavy hitters.   They are lightweights with limited skills and resources.   Arias has been widely criticized for her missteps at every turn.   This young woman is fighting for her life while dealing with complicated issues few of us will ever have to face.  For her there are no right answers.  Whatever she does turns out wrong.  The only thing I know about Arias for sure is she has given...