Wednesday, November 12, 2008

"Open Discovery" approved by Cuyahoga County Judges

I'm just amazed that something like this even existed - until I heard about in Cuyahoga County.

That the legal morons in this county allowed the prosecutors office to operate under these "we are God" terms is ludicris! Why was the lack of open discovery never challenged before?

From The PD --

Cuyahoga County judges voted Wednesday to formally adopt a controversial amendment to the rules governing criminal prosecution in the county. The new rule will require prosecutors to provide open discovery

The new rule not only requires that all evidence be turned over, but also sets deadlines for prosecutors do so. Within one week after the initial pretrial hearing, prosecutors must deliver to defense lawyers a discovery packet, which includes: All police reports, statements of defendants and witnesses, names and addresses of witnesses, lab and hospital reports and criminal records of defendants and witnesses.

Defense lawyers who receive the packets must reciprocate by turning over discovery as well. And the exchange must be completed no later than a week before the start of trial. Any attorney who violates the deadline will be subject to sanctions set by the judge hearing the case.

Under the new guidelines, prosecutors can exclude specific information that could jeopardize the safety of a victim or a witness. Defense lawyers can object to the redaction, leaving the matter for the judge to decide.


I don't understand how someone could consider this ruling controversial?

Maybe someone out there with a legal background can explain why any prosecutor with a shred of integrity and respect for the law would not want open discovery?

But again - we are talking about Mason.

2 comments:

  1. I live in Cuyahoga County and I helped petition for this. It's still not enforced I believe, but it's getting there. At least it's in the laws now. And if you listen to the prosecutor (who initially was in the forefront fighting against this passing) Cuyahoga County is a leader amongst the counties! The FBI isn't investigating our corruption for nothing. I too have blogged about this. Thanks!

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  2. Hi Tonya

    Thanks for commenting.

    Bill Mason is a joke and has been a target for quite sometime. It is amazing how people fell for has Issue 6 scam. Most of the republicans supported it because they THINK they will have a better chance of winning a seat.

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Don't be scared!