Spoliation Motion Sept 22, 2009 Includes Response

DNA Solves
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DNA Solves

Your opinion of The Motion to Dismiss Due to Spoliation of Evidence

  • This motion has a great chance of being granted

    Votes: 4 1.4%
  • This motion has NO chance of being granted

    Votes: 108 36.9%
  • There is an ulterior motive in filing this motion

    Votes: 33 11.3%
  • I don't know

    Votes: 6 2.0%
  • Other - with opinion

    Votes: 0 0.0%
  • Whomever drafted this would lose on the show "Are You Smarter Than A 5th Grader"

    Votes: 35 11.9%
  • 2 & 3

    Votes: 44 15.0%
  • 2 & 6

    Votes: 17 5.8%
  • 2, 3 & 6

    Votes: 86 29.4%

  • Total voters
    293
  • Poll closed .
Can't they be requested to have CD copy's?

I thought they made the paper work digital at some point. If so, one should be able to request the digital copy. Which should be cheeper, I would think.

Do they not have digital?

Actually, I suggested that yesterday to the clerk I dealt with, and she said they were "in the process" of setting that up. She did not have a timetable though.

Then we could just sit at home and order'em up! :)

I do like actually going to the courthouse though, and running into people unexpectedly. :)
 
Resp snipped:



I pray to God he doesn't do that at the trial. When he does that smirking he not only looks juvenile, he also angers and alienates anyone who has ever been smirked at--and that's just about everyone, including me. Including jurrors.


I agree with you, Friday but Casey and JB have done more smirking than anyone. I hope Ashton stops and Casey and JB continue to give those smug looks!
 
I agree with you, Friday but Casey and JB have done more smirking than anyone. I hope Ashton stops and Casey and JB continue to give those smug looks!


My former criminal psych prof, who was a lawyer AND a psychologist said, "NEVER smirk in the courtroom."

His tech was to wear a slightly rumpled suit, and look humble and a little confused.

He's rich. It worked. Juries all wanted to adopt him.
 
My former criminal psych prof, who was a lawyer AND a psychologist said, "NEVER smirk in the courtroom."

His tech was to wear a slightly rumpled suit, and look humble and a little confused.

He's rich. It worked. Juries all wanted to adopt him.

I imagine they'd call that the "Matlock Effect". It's also very Columbo. Ah, gamesmanship!
 
Well, they are probably charging so much because this is the first case to actually show a profit margin for them that is outside attorney copies.

You are really on the ball, pulling out your e-copy of FL's Sunshine Laws. Another iPhone killer ap. You da man!

A portable scanner, eh? We should all keep our eyes open. Too bad you can't just say you are from the defense and to put it on JB's running tab (but nobody would believe he rates a tab, the cheapskate. He can't even pic up docs he's demanded).


BBM
Perhaps if MM wears a clown suit and brings along a host of disheveled women they might believe that he is in fact with the JB Firm. He can present a handwritten note full of poor grammar just as evidence of employment.
 
OH man are you screwed up! This is the hot part of the year, that you would not be able to stand.

Give it 3-4 months, when you got snow outside, and we are talking about fishing,swimming, camping.. THAT is when you turn a little green. :dance:

Thanks for the kind words - I lived in Thailand for almost five years - nothing is hotter than that! But you're right as I'm beyond 50 now and can't take the heat. Respect your elders smarty pants.

P.S. I'll always love Disney stuff no matter how old I get - a child at heart. :crazy:
 
I totally agree. I have issues of sending innocent folks to DP. Which is why I think everyone should have a REAL lawyer from the get go.

About the DP. How do you feel about a death that happens during child abuse, does it make it DP eligible? Even if the law says it is?

I feel terrible about a death happening as a result of abuse - really terrible. I'm a person who gets upset if I see a dog outside all the time without his people. I'm a softie and put bugs outside without smashing them if I can. As we know, horrific crimes against children are happening every day and I hate it.

Like I said before, I'm uncomfortable with the inconsistent way the cases are treated across our country.

Regarding KC and Caylee, I need to know what happened not just speculate based on the way things seem - and they do seem damaging indeed. Please try not to take my posts out of context - it's bugging me. Thank you.
 
Thanks for the kind words - I lived in Thailand for almost five years - nothing is hotter than that! But you're right as I'm beyond 50 now and can't take the heat. Respect your elders smarty pants.

P.S. I'll always love Disney stuff no matter how old I get - a child at heart. :crazy:

What makes you so sure your my elder?? :crazy:
No way I could have handled the heat of Thailand. It took me several years to handle florida. :loser: that I am. LOL!

Disney isn't just for kids. Seems like you found out that secret. My in-laws took a private getaway there, just the two of them, no kids, g-kids,or others. LOL! Loved every minute of it! Your one smart cookie!
 
I feel terrible about a death happening as a result of abuse - really terrible. I'm a person who gets upset if I see a dog outside all the time without his people. I'm a softie and put bugs outside without smashing them if I can. As we know, horrific crimes against children are happening every day and I hate it.

Like I said before, I'm uncomfortable with the inconsistent way the cases are treated across our country.

Regarding KC and Caylee, I need to know what happened not just speculate based on the way things seem - and they do seem damaging indeed. Please try not to take my posts out of context - it's bugging me. Thank you.

Oh,no, I wasn't trying to take your post out of context. I just wanted your opinion on the DP in context of it being automatically considered, when death happens during child abuse.

I kinda have an issue with that. Cause as some might have noticed in the various topics that come up dealing with children and child abuse.. folks don't always agree on what child abuse is, etc. Hence, in some case, it's just someones opinion. In others, it's blaring.

IT is totally off topic. But I wanted you to know that I wasn't trying to make you feel bad. I really wanted yours and others opinion.
 
I figured I had a 50/50 chance Spangle. :D

LOL!

Well, if I admit I was younger, then you could dismiss my thoughts as childish.

If I admit I was older, then you could dismiss my thoughts as elderly dementia.

So either way, I'm pleading the 5th.
 
That would be a great discussion but complicated. I've taken the thread off topic (AGAIN) so I apologize.

Back to claims of spoiling the dump site.
 
I hope you're right, MC, but until the trial is over, I'm afraid to underestimate AL, LKB, et al. They're far from stupid; they're "brilliant" and they're cunning (according to most experts in their field). Every time I'm tempted to roll my eyes at what they say or how they appear, an old axiom runs through my mind: "He who laughs last, laughs longest." I don't want to be caught offguard and see them laughing.

Don't mean to be a damper, btw. :blowkiss:

I agree with you on this Friday. These are very brilliant and cunning attorneys. I am suspicious that there is some plan behind this Spoiliation Motion that we are unaware of.
 
I agree with you on this Friday. These are very brilliant and cunning attorneys. I am suspicious that there is some plan behind this Spoiliation Motion that we are unaware of.

There is....or was...Dr. Henry Lee. Didn't he "contaminate" the evidence himself in the Spector case?
 
BBM
Perhaps if MM wears a clown suit and brings along a host of disheveled women they might believe that he is in fact with the JB Firm. He can present a handwritten note full of poor grammar just as evidence of employment.

I volunteer as a disheveled woman!
 
Good lord, man! You've been paying a buck a page? What are they, Kinko's? I think we're gonna have to have a fundraiser here - a bake sale, a car wash or something! It would be cheaper to just get you a portable copier and ask them to let you make copies right there!

Maybe we can get it all back and more when we file a class action suit (Casey Made Me OCD!) for all the unnecessary mental anguish the defense has put the public through. Most of us have carpal tunnel and are going blind from staring at the monitor, too...

Thanks just wasn't enough. Have you called Morgan yet?
 
I think they're overcharging according to the Sunshine Law (says up to $1 a page for CERTIFIED copies, of which these aren't) but would probably need a lawyer to press the issue farther up the ladder.

I was in there one day and starting taking pix of docs with my camera and got yelled at, they were going to take my camera away. :eek: Then I pulled out my trusty iPhone, on which I have a copy of the Sunshine Law, and showed them where it said we were allowed to take photographic copies with a camera. :woohoo: They backed down. :)

A camera is good for a few pages, but if they don't turn out I have to go back and retake them.... the quality is not the best either.

Can't bring a copier in, but I've considered getting a portable wand doc scanner which I think would do the trick - but good ones are $200+ on Amazon.

Just sayin'... At the local courthouse (different county) it's a dollar a page and an extra dollar per page that's stamped certified. So it's up to two dollars per page. I don't think we need certified copies for our purposes. It's a funding thing and I do think they'll frown hard at you doing your own copies. I haven't researched the statute but will, if you're seriously considering it. The thing is, are you willing to sue to get the right to use a scanner? Cos even if the law says you can, they still may not want to let you cos it just isn't done that way, kwim?

A million years ago in federal court they were seriously over charging on filing fees for a certain type of filing. I discovered the error and pointed it out to the clerk but had to literally get an order from the presiding judge to get the law enforced. Don't know if they changed it for the case I was on only or if they stopped overcharging everyone.
 
Thanks just wasn't enough. Have you called Morgan yet?

I have a feeling he's laying the groundwork as we speak. We'll need to take numbers, deli-style. Everybody needs to start a medical paper trail...

JG, Amy, et al get to go first and the concentric circles will work outward. We'll be at the end but maybe we can eat up the blood money they made and give it to a real charity. Maybe LE can jump in there too - for a woman so concerned with defamation, CA sure knows how to sling the innuendo!
 
A million years ago in federal court they were seriously over charging on filing fees for a certain type of filing. I discovered the error and pointed it out to the clerk but had to literally get an order from the presiding judge to get the law enforced. Don't know if they changed it for the case I was on only or if they stopped overcharging everyone.

It takes FOREVER to get things like this in Federal Court done. What district was it?
 

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