Re: Riverside DA: AO's evidence destroyed So the evidence destroyed was pictures of the "victim" injuries and recording of "victim" interview. I'm assuming this is only related to the assault and biting victim... I can't imagine these were destroyed. Maybe they are tlaking about AO's submitted photos of his injuries. Also, I'm sure CA has record disposal laws, and you can often collect money for illegal disposed of records. I don't know what the implications are for court evidence (if that is what this was).
Re: Riverside DA: AO's evidence destroyed So, it seems that the guards could be prosecuted. Sounds nice.
Re: Riverside DA: AO's evidence destroyed Did the 4th DA give a reason why this was destroyed? What DA were you dealing with at the time this occured? Did they know it was destroyed?
Re: Riverside DA: AO's evidence destroyed FTR AO is not around here. Therefore, direct questions might remain unanswered.
Re: Riverside DA: AO's evidence destroyed You know, if I were the judge I'd just ask if there would be opposition to it from the other party, and if there isn't I'd just order the transcripts released. That said, the memorandum provides a good summary and is not too long.
Re: Riverside DA: AO's evidence destroyed hope scn lose their most obnoxious guard.. who would confine all the SP's at gold if he were to be jailed?
Re: Riverside DA: AO's evidence destroyed Yeah, that's certainly a big "why"? Was it "I accidentaly your evidence" out of stupidity or pretend stupidity or was it done on purpose (under some loophole?)?????
Re: Riverside DA: AO's evidence destroyed I'm trying to imagine the kind of accident it would take that would destroy a Video Recording, Photos, Statements, and a DVD.... and I'm a big fan of the Final Destination series... so its normally not that hard... but i'm drawing a blank for this one
Re: Riverside DA: AO's evidence destroyed I'm with the Cap'n on this one. Four DA's and now destruction of evidence? WTF?
Re: Riverside DA: AO's evidence destroyed Fat cop sat on it? View attachment catherine_fraser_tommy_davis_demand_citizens_arres
Re: Riverside DA: AO's evidence destroyed This only makes the cult look more snarky and makes AO 's case look even better
Re: Riverside DA: AO's evidence destroyed yeah, maybe the dog was forced to eat the evidence or the cult would have snuffed the DA's dog like the last judge
Re: Riverside DA: AO's evidence destroyed If OSA really has a stat about "getting critics to disagree with each other" or some such, it is pretty hilarous because they'll be going "WHOOO STATS ARE UP YEAHHH!" while the cult is sinking below them. As for the evidence being destroyed, perhaps they were decieved into thinking the case was closed. Evidence space is limited. Thank goodness for copies.
Re: Riverside DA: AO's evidence destroyed This I believe, is very big. This case has turned into a real hot potato no one in their right mind wants to get near. Say you'r the DA. First of all, it's a bullshit case you will lose, but in less the cult drops the charge it won't go away,and they can't just dismiss the charge without a good reason. If it went to court and the defense presents it's case there will be evidence on the record that the cult may have committed a crime. You will now be pressured to investigate the cult, and God forbid, bring charges againest them. On top of that you have Nathan Bacca watching you like a vulture and political enemies with their ear to the ground. Add to that the likely hood of a civial case you will be party to and it's a real game of "drop the soap" around that office. PS If you were a DA with any balls,(or ovaries), you would see it as a challange.
Re: Riverside DA: AO's evidence destroyed It's definitely worth looking into how the evidence came to be destroyed. The recent admission by Rinder (or was it Rathburn?) that evidence was destroyed in the Lisa McPherson case seems relevant. If it weren't for a history of destruction of evidence, you'd have to meet a very high standard of proof to charge any individual or organization. With a pattern of behavior established, however, prosecutors may pay closer attention and be more open to prosecution (though, in the end, there still needs to be sufficient evidence to convict in a court of law). I'm no lawyer, so I have no idea what impact such a ruling would have on AO's case. Since he seems to have the missing evidence backed up, I'm inclined to think it wouldn't change anything. You can't convict someone of one crime just because you have evidence of them behaving badly (in a way unrelated to the crime they're in trial for). There may be some difficulty re-submitting the evidence, as I have no idea what the procedure for that would be, and the evidence AO kept was not in the custody of the authorities, y'know? /captain obvious
Re: Riverside DA: AO's evidence destroyed I'm not a lawyer either, I was just looking at all the possible ways this could turn into a real big bag-A-dicks.
Re: Riverside DA: AO's evidence destroyed Destroying evidence you have in your hands is a litte bit different than getting evidence in police lockup destroyed though - the latter is harder to do, physically. (Nothing is hard for those guys to do morally - they'll steal candy from a child if they think it helps Scientology.)
Re: Riverside DA: AO's evidence destroyed Lets not forget the "missing" files when they went to court in France way back when Matter of fact, we should lump all the cases of missing or destroyed evidence in one place
Re: Riverside DA: AO's evidence destroyed Let's just hope they don't use this whole "missing evidence" ploy to question the back-up evidence that AO and Berry have. They'll try the whole "chain of evidence" routine, and try to say they can't tell if the back-up has been tampered with. AFAIK, the cult doesn't need the missing evidence to try AO for the trespass - but AO needs the evidence to prove the cult stooges weren't professional.
Re: Riverside DA: AO's evidence destroyed Well...then they lost their case, I should think. AO didn't tamper with the evidence held by the county. AO doesn't need to prove anything. He is presumed innocent. And has evidence of his own. It being thrown out would save money for AO and Graham...but will not add precedence for future protests at GOLD. I think the cult wants to maintain the murkiness of the law regarding this. So losing by "the evidense was lost, so case is thrown out" is better for them than losing via "AO was not tresspassing". So I hope the trial continues for that reason. The cult gets away with so much (at Gold, and elsewhere) because of no concrete legal statements about boundaries that local law enforcement must follow. The cult got away with a lot at the Henson trial that they won't be able to do now. Like the defense not being able to mention scientology.
Re: Riverside DA: AO's evidence destroyed Note that the evidence missing is in the case against the security clowns, not in the case against AnonOrange. At least that's how I understand it.
Re: Riverside DA: AO's evidence destroyed Yeah, I'm a little confused (and don't give enough of a shit to investigate) Is there a case going forward against AO? Is it civil or criminal? Is there a case going forward against the scifag guards? Is it civil or criminal? Which of these cases was the evidence destroyed in? And then there's speculation about a hypothetical case against whomever was responsible for the destruction of the evidence. These are not all a single legal entity; each is considered on their own, and convictions will come if and only if there's evidence sufficient to the criteria (Which changes between civil and criminal). It'd be nice if this was just a big 'Who should get fucked, AO or Scientology?' basketball game, and if the destruction of the evidence counted as a 3-pointer for AO's team. But that's not how the law works. And I'm interested in knowing the way it *does* work, and which cases are going on, and so on and so forth. And I plead ignorance beyond that.
Re: Riverside DA: AO's evidence destroyed IANAL but I do know that anytime evidence is lost it's a serious matter and if destroyed it is criminal. The DA should be concerned since a couple of cases like this and all his evidence in other cases could be challenged.
Re: Riverside DA: AO's evidence destroyed NOTE: According to OP dox... DESTROYED: 1. Recording of interview with victim (in evidence) 2. photos of victim's injuries (attached) [SIZE="1"](see edit) [/SIZE]3. DVD of incident (taken by witness) (in evidence) NOT DESTROYED: [STRIKE]3. DVD of incident (taken by witness) (in evidence)[/STRIKE] 4. Written statements by witnesses (attached) Just a reminder as to what items of evidence we are talking about. EDIT: Update from AO on ESMB
Re: Riverside DA: AO's evidence destroyed Destroyed evidence in a Scientology related case? facepalm.jpg! Who'da thunk it!
Re: Riverside DA: AO's evidence destroyed Isn't Jeff Stone's son employed in the DA's office somewhere close?
Re: Riverside DA: AO's evidence destroyed More stolen files? Joseph Yanny -ex lawyer for the cult "He says that his Century City law firm was burglarized four times and that Scientology-related documents turned up missing" The Scientology Story - Part 6C: A Lawyer Learns What It's Like to Fight the Church
Re: Riverside DA: AO's evidence destroyed http://forums.whyweprotest.net/249-goldbase/what-tangled-web-they-weave-riverside-43714/ From the article in the OP of that thread...... Jason and Jeff Stone
Re: Riverside DA: AO's evidence destroyed Lawyer's Michael Flynn and Ford Greene have been subject to infiltration of their offices. Googling pulls up walls of text. Affidavits with various admissions. I don't think there were any convictions though. Mr.Berry, and I believe Smurf, will be able to give you the salient points. It's all very interesting history but I'm not sure how much value it has other than to slow the case down and force judges and attorneys to wade through more crap. Operation Snow White is the only one of value because it was WIN and people actually got thrown in the slammer for it.
Re: Riverside DA: AO's evidence destroyed I must be missing something. I just don't see how the DA can intentionally destroy evidence in a pending case.