NC Bill Would Shield DA's If Cops Withhold Evidence

Proposed legislation introduced in the General Assembly earlier this month would hold prosecutors responsible for giving defense attorneys what investigators have given them, but not what police might have withheld.

Defense attorneys plan a news conference Monday to discuss the legislation with people who were wrongly convicted after their lawyers did not get crucial evidence.

Defense attorney Mark Rabil says he can't go to police and demand to see investigative files, but prosecutors can and so should be held responsible.

Peg Dorer of the North Carolina Conference of District Attorneys says current law makes prosecutors responsible for things they don't know exist.

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  • by Darren Location: Kill Devil Hills on Mar 28, 2011 at 10:51 AM
    They need to look into that crooked Pitt County System. Those are some of the most crooked DA's in the entire state. I've had a big issue back during my ECU days with one of them who refused to throw out something I did'nt even do. It's that way in most counties around here. The state level it's really bad. It's not about safety. It's about money and they will frame someone quicker than JD Hogg would do to Bo and Luke Duke.
  • by To: The Whole Truth on Mar 28, 2011 at 03:37 AM
    It is a felony! It's called Obstruction of Justice. Cops don't arrest cops for Obstruction of Justice, though!!! Duh, huh, huh, how can cops obstruct justice, they are cops? By withholding evidence!!!!! Lawyers get arrested and disbarred for lying (nobody disciplines cops for lying and NO DA has the guts or integrity to prosecute them). Cops are also ALLOWED to lie to get a confession (1. Your buddy confessed. You might as well too so we'll be easier on you. 2) Sign this statement and we will let you go.) That's right; cops lie for a living! Can't deny it. If they don't lie, then they are not good cops. Sort of puts it in perspective, doesn't it? By the Way, who is to say who is lying? Cops? Judge? Jury? God?
  • by To: Justice for all on Mar 28, 2011 at 03:06 AM
    My post was confusing. I did mean to speak generally to cops, not the poster "Justice for All".
  • by To: Justice for all on Mar 28, 2011 at 03:02 AM
    Great! So it is a free american's duty to carry a digital recorder to keep all the crooked cops honest? (AND I did NOT say they were all crooked!) You are a Great American! NOBODY SAID COPS WERE TO HELP DEFENDANTS/SUSPECTS. All we are asking is YOU be honest. Apparently, you have a personal problem with that!! Lay all the evidence on the DA; it is his job to prosecute and analyze the evidence, NOT YOURS!!! So you have a personal problem with freedom! Did you get a GED, 6 week BLET, then a badge and a gun? You are scary, but I bet you consider yourself the ALL in protecting society. Newsflash!! The DA, defense lawyers, clerks, and judges have a role too! It's NOT about convicting every arrestee. Even though I am sure you consider it an affront to your fragile manhood when a defendant is found not guilty!
  • by Thewholetruth Location: Kinston on Mar 27, 2011 at 07:12 PM
    While we are at it, why don't we make it a felony for an attorney or anyone who works with an attorney (private investigators, paralegals, etc) to encourage witnesses/suspects to change their statements, or to advise their clients to lie or deceive law enforcement or the courts. It would seem everyone is trying to insulate themselves except for the poor street cop.
  • by JusticeForAll on Mar 27, 2011 at 05:06 PM
    Nowhere does it say that police need to help defendants or even suspects in their court cases. In fact, the Miranda warning spells it out plainly--"Anything you say CAN and WILL be used AGAINST you..."... If people are worried that the police may withold evidence, then carry a digital voice recorder, an have a video surveillance system installed in your house and car. WE must "watch the watchers", because it has been proven over and over again that not only is the "justice system" not there to protect you, it is actively working to entrap, set up, and frame you. Just look at the history of the SBI... The People need to start standing up for themselves in NC, and one good way to do that would be for EVERYONE to call their legislators and tell them this new bill needs to be STOPPED...
  • by Sad on Mar 27, 2011 at 04:37 PM
    In Florida, when a case is over and closed. then it becomes a public record anyone or the press can look at. NC DA's say, "Whoaaa Noooooo! We can't be having THAT!!!" What do they have to hide when a case is over. Guess What? Only in NC!!!!!
  • by pete Location: grifton on Mar 27, 2011 at 02:10 PM
    Why even bother with a trial in N.C.? they are guilty of something or else they wouldn't be in the police hide evidence what's new about that?
  • by Anonymous Location: New Bern on Mar 27, 2011 at 01:05 PM
    It's all about money, and how the greedy lawyers (and judges!) can line their pockets with more of it. It's just a business.....
  • by Mortie Location: Wildcat on Mar 27, 2011 at 12:27 PM
    Someone plants the seed of even more coruption. It's already clear many prosecuters represent the government instead of the people. I'll find out who introduced and sponsered this bill and post back. We should KNOW who our enemies in office are.
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