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Continue reading "What's Up in the 8th" » , by Russ Bensing The Kansas connection.
I did a post on Monday on sex offender registration, but most lawyers know that registries aren't limited to those offenses. Tennessee registers animal abusers, and Utah has one for white collar crimes. Kansas has decided to take this one step further, and has created a drug offender registry, which now includes 4,600 people.
One of the cops involved here is the same one as in Hit #4, and the complaint is that the State was tardy in turning over his file, so that the full nature of his conduct could be explored on cross-examination. Destruction of evidence can be a due process violation if the defendant can show that the evidence was exculpatory. Courthouse in the Southern District of New York, where this afternoon a District Judge, Kimba Wood, will decide on whether to sustain Michael Cohen's claim of attorney-client privilege as to the items seized from his office and hotel room.
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Even assuming the relevancy of the file, however, the defense knew about it months in advance, and the cop never testified at trial. Officer Number 2 was the only one wearing a body cam, and had it turned on at the time. If it's only potentially useful, though - basically, we don't know if it's exculpatory because we haven't seen it - then you have to prove the police acted in bad faith in destroying it. I guess, as an attorney, I'm supposed to be outraged at this assault on one of our most sacred privileges, but I have a hard time projecting Cohen's travails on me.