NP Rank:
GUILTY UNTIL PROVEN INNOCENT
The Governments ability to conspire against its citizens to deprive them of their rights is as big a crime as when the citizens themselves are the perpetrators. Finding yourself bound by the hands of the government and serving a sentence for a crime you know you didn't commit can be a harsh reality for some, but discovering there is information that exist that could exonerate you and being refused this information by the government is enough to make even the sanest of men go mad.
I was recently mailed some documents from a cousin of mine who has presently served 15 years of a 94 year sentence. He has contended from the very beginning that he was innocent. I never gave it much thought when the arrest first happened because I was in the military serving my country overseas. Having recently reviewed these documents I admit I have now become curious as to how a United States Citizens Freedom of Information can be violated and at that, violated by the Government.
(All information provided hereafter has been summarized from the United States District Court Middle District of Tennessee Nashville Division; Case No. 3:96-00128)
A request through the (F.O.I.A.) availed no results. Documents had either been shredded or misplaced. Documents that would prove that no identification of the defendants could be made after the arrest and that any previous identifications were mistaken. There was no identification of the defendants at a live of photographic line-up but all this information was not disclosed to the defendants counsel until January 23, 1997 although the trial was set for February 4, 1997.
On January 23, 1997, counsel for both defendants, Assistant U.S. Attorney and a Representative of the FBI met and counsel for both Defendants were provided with numerous documents in relation to prosecution of this case including, but not limited to, information of photographic line-ups, information concerning witnesses not heretofore disclosed, testimony of grand jury testimony, and other information vital to counsel for the defendant in defending this case.
It was not until counsel for the Defendants received this information, much of the informationwhich was subject of the Magistrate Judge's standing discovery order, that counsel could beginpreparation for trial and investigate this case.
Clearly, counsels' proposed preparation for the case would necessarily be changed a greatdeal after disclosure of these documents.
Counsel for the Defendants simply did not have time to review the documents, prepare or conduct investigations of the statements, interview witnesses, nor prepare for trial.
Full documents can be read here:Documents
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