Spoliation Motion Sept 22, 2009 Includes Response

[lin]

You are simply the best, Muzikman!!! And I'll spare you my singing of that song; that's how much I heart you!

 

[BigFatMommyDog]

day-um.
First impression - State says: BRING IT

Second impression - This case will be a long time in coming to trial.

Most important impression - MM rocks the Kasbah and then some!

 

[Sdavidson11]

Thank you for all you do. This is great info and for you to go to the courthouse and pick it up is above and beyond membership and friendship for those at WS. This truly shows there is hope for Justice for Caylee with good people such as yourself in this world. I hope you have a great day!:blowkiss:

 

[chefmom]

Thanks, Muzikman! As always, we really appreciate what you do for us! :blowkiss: All I can say is it is about d^mn time! Let's hear it for the SA saying something that makes sense to people who have spouted nonsense for a year now! :clap: And, am I the only one who feels like if the judge doesn't read this motion and take JB and Co. to task for making what were clearly egregious claims about the SA, I will have lost all respect for that court? Enough is enough! A child is dead and all evidence points to her mother. Let a jury hear the evidence and be done with it. She is not special. She is a common, garden variety, sociopathic murderer. Lock her up and let that baby rest in peace! MOO!

 

[Spangle]

BBM
Thank you for reminding me of this - I was thinking that the DP was automatic if found guilty. Reinforcement is good - I can no longer remember what I have already learned - there's too much!

Glad I'm not the only one with that ! :dance:

 

[lin]

Wow! Well done, Ashton! Talk about making a silk purse out of a sow's ear... Looks to me like he did it with the nonsense motion by flipping it around to demand a list of their witnesses and indicating he's deposing them all. WTG!

 

[Spangle]

Muzikman,
I think it's early enough in the thread, that I can say
THANK YOU! THANK YOU! THANK YOU!
Without out it being totally OT.

~ you know I luv u man! Right? Right?

 

[coco puff]

Thanks, Muzikman! As always, we really appreciate what you do for us! :blowkiss: All I can say is it is about d^mn time! Let's hear it for the SA saying something that makes sense to people who have spouted nonsense for a year now! :clap: And, am I the only one who feels like if the judge doesn't read this motion and take JB and Co. to task for making what were clearly egregious claims about the SA, I will have lost all respect for that court? Enough is enough! A child is dead and all evidence points to her mother. Let a jury hear the evidence and be done with it. She is not special. She is a common, garden variety, sociopathic murderer. Lock her up and let that baby rest in peace! MOO!

My bold....Worth more than a thanks Chefmom!!!!

 

[Valhall]

THANK YOU MUZIKMAN! (By the way, I'm more than willing to contribute to the "copy fund" - just let me know how to get some funds to you!)

And then I'd like to say

YAY! A trial before the trial...oh scrump-dilli-icious!

*happy pants dance*

 

[Muzikman]

Here's a downloadable version, better quality.

Click "Download This File", enter some Captcha letters/numbers, and it will download the PDF to your computer. No sign-up needed.

http://www.filedropper.com/092209saspoliationresponse

 

[Spangle]

pg 2

They must further establish that at the time of it's destruction, its' value to prove the innocence of the Defendant, its' exculpatory value, was apparent. A mere allegation that the evidence was potentially useful is insufficient

Way cool! The Defense can't just claim it. They got to prove that the evidence would have proved her innocence.

That in no way was what the defense wanted.

The defense was trying to make a case that since they were not at the scene when the evidence was being collected, that they were not able to 'save' the evidence that proved KC innocent. That there was such evidence is suppose to be accepted as fact.

Seems there is a case law that says the defense has to prove that there was such evidence, that it proved KC was innocent. Can't just assume.. :dance:

 

[yeknomaras]

Muzikman.... you ROCK! <33333333333 :blowkiss::blowkiss::blowkiss::blowkiss:

 

[Paintr]

I love (on page 2) the line that begins 'It is interesting to note...' and the following line that begins 'What are noticably absent...'

The SA has a way with words.

Thank you kindly MM!

 

[CarolinaMoon]

Muzikman, thank you buttons simply do not suffice!

Kudos to WS'ers who were spot-on with their analyses of various aspects of the defense argument:

Re: Spoliation

"The term used in the title of the Defendants Motion, spoliation, is a cause of action in civil law wherein a party whose ability to prosecute or defend an action has been adversely effected by the destruction of a piece of evidence by the opposing party... This concept and the rules attendant to it are not applicable to criminal cases, the analogous concepts in criminal law are referred to as destruction or failure to preserve evidence."

 

[Spangle]

I love (on page 2) the line that begins 'It is interesting to note...' and the following line that begins 'What are noticably absent...'

The SA has a way with words.

Thank you kindly MM!

Yep! I love that too.

I also love the 'facts' section.

 

[yeknomaras]

gotta love Ashton. he really has a way of sticking it to Jose without veiling his true feelings at all. i find myself grinning after reading his motions.

 

[sarah7855]

defense's "panel of celebrity experts" lol. Great response by the State. I can't wait for the hearing on this!! the State is doing a great job of turning up the pressure on the defense. :clap: and thank you so much Muzikman! :rocker:

 

[snowbun]

gotta love Ashton. he really has a way of sticking it to Jose without veiling his true feelings at all. i find myself grinning after reading his motions.

Yes, I found myself with an intense desire to say, "Booya!"

 

[Paintr]

Yep! I love that too.

I also love the 'facts' section.

Me too! 'Facts' as opposed to 'their version of the facts of the case'.

ZING!

 

[momtective]

Now it's getting down and dirty and to think....this is just the beginning.
The prosecution in this case is awesome and Muzikman you are such a gift to this forum.

Rock on Muzikman!