It was not an abuse of discretion for a court to exclude the defendant's expert from the courtroom while the government's expert was testifying. [More]This, of course, refers to Len Savage. He was not allowed to be present while the government expert witness testified in the Olofson case. So he could not take notes and challenge where misinformation or spin was being presented to alert the defense attorney or prepare his own statements accordingly. And this was, incidentally, a documented reneging on the part of the prosecutor.
This is what is now concluded to be non-abusive of our rights. Anyone who thinks this will just apply to guns is in for a rude awakening.
I will have more news on this case to bring you today--I am awaiting information and a green light. Stay tuned.
"Rule 615(3) confers discretion upon district courts to determine whether a given witness... is essential."
ReplyDeleteEven more power for the judge. Oh, goody.
Essential witness, essential worker. Matter of degree.
The huge problem with this is the expert witness was a government agent and that agency was the agency behind the case.
ReplyDeleteHere's where both courts blew it and big time. The Constitution makes it very clear that we have a right to face our accusers. In this case the expert government witness is talking over the head of the accused. So the accused would need to have an expert witness as legal advice.
This is really bad news for justice because it clearly makes it so citizens are unable to have a fair trial. I get this creepy feeling that when this information is known there is going to be some folks that will not be taking alive because they feel they would be unable to receive a fair trial. I'm sure LE's think this is great news but wait until some folks start fighting with the feelings that they have nothing to lose.
Well, the Founders' "every terrible implement of the soldier" loses to ATF's "a malfunctioning gun is an illegal gun -- even if you ARE a soldier."
ReplyDeleteMark this well. History is being made today.
Perhaps this type of thing will lead people to pay more attention to what the government does in prosecuting people. Most "law and order" types really need a good look at what the government does in their name in a lot of cases, they might be shocked. If people value their liberty, they will get concerned in other cases too, not just the ones that involve firearms.
ReplyDeleteIt would be a stretch to say I am even remotely surprised at this decision. I would have been completely surprised if it had turned out differently.
ReplyDeleteIt is a "good ole boys" club and they are not going to overturn one of their own.
We DO NOT have a system of justice in this country.
A line has been crossed.
ReplyDelete"Not an Abuse"
ReplyDeleteLike Hell, it wasn't!
Don't forget the DOJ lawyers were flat out busted for lying about information to make damn sure this man did not receive a fair trial. Which seemingly means zip.
ReplyDeleteEver see the movie, "Captain Blood?" When you watch how Blood is convicted in court, at the beginning of the movie, you see what we have now.
ReplyDeleteI suspect now, more than ever, the family can use assistance...has anyone news about them, their needs, atty fees?
ReplyDeleteThanks for this...indeed, the "game" has changed.
Laura B, in my Monday Examiner column I link to GOA's relief fund.
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