posted on Jun, 18 2013 @ 10:27 PM
Okay, THIS had never occured to me. It takes a clever and very determined defense attorney to come up with something like this.
Let me lay out the case. This guy is on trial for the robbery of armored cars in what sounds like a robbery ring. It ended with the murder of a Brinks
guard on one of the heists. Now, he didn't kill the guard but the Government's case is that he was the mastermind and therefore, responsible by that
theory of the crime. With me so far? Good.
The Government also contends that Cell Phone records, properly obtained during the course of the Robbery/Murder Investigation tie him to the different
crimes and show his role as the leader of the crime ring. Hence...his current trial for far more than just armed robbery. Cell phone records... Yes...
What could possibly go wrong? Oh...Silly Silly Government... You see, they are missing some. Just a few, but the VERY WRONG few to be missing,
apparently and according to the Defense in the case.
So what happens? Oh. This is RICH.
Prosecutors claimed they were missing records of calls to and from two of Brown's telephones before Sept. 1, 2010. They claimed Brown's
service provider, MetroPCS, no longer had the records. Prosecution relied on Moss's and other co-conspirators' cell phone records to try to prove
Brown's involvement in the armed robberies.
But Marshall Dore Louis, the Miami attorney representing Brown, filed a motion to compel production of records, which he claims may show Brown was not
involved in a July 2010 robbery attempt.
The NSA surveillance program that was exposed this month proves that the government can get data on Brown's calls, the attorney says in his motion to
Uh Oh...... lol.... It sure does, doesn't it? They have access..huh? Just came out..didn't it? Errr... OOOPS... Now this wouldn't mean anything if
the Courts and this Judge were sympathetic to the Government ..but? (drum roll)
U.S. District Judge Robin Rosenbaum ordered the government to respond to Brown's motion, and said the court would determine whether Brown's
surveillance was lawfully authorized and conducted.
The U.S. attorney general may file an affidavit if he feels that disclosure or a hearing would harm national security interests, according to
Judge Rosenbaum's June 10 order. The judge gave the government two days to produce the records.
"The Court regrets the short deadline for compliance but notes that the evidence that defendant Brown seeks pertains to a trial that has been
underway since May 31, 2013, and any order requiring the production of any materials sought would become meaningless if such items were not produced
in sufficient time for the defense to use them in its case," the judge wrote.
Nyack Nyack Nyack...
Uncle Sammy can stick that in his corn cob pipe and toke on it awhile. One has now set the pattern...Oh goodness... HOW many other cases involve the
same type of evidence? Or... DID in past convictions? Oh Good Lordy..I had NEVER thought about this aspect. Not even a passing thought.
This is the stuff nightmares are made of for prosecutors and I'll bet the liquor stores ran out of stock around courthouses tonight!