Friday, July 02, 2004
Newsy Notes from the LYNNE STEWART Persecution
On Thursday (7-1) I got there a little late but I think it was a no jury morning of discussion of admissability or relevance of evidence. Discussion mostly was on some taped dialogue. I missed if quote was attributed to blink sheik or from sympathizer overseas who had minions under his control.
Anyway, scary quote involves destroying America, sinking ships and blowing things up. It is the gem in the crown of the prosecution as it is heart of their "conspiracy". So directions on the tape are what they accuse defendants of facilitating and or distributing. While scary idea, Mr. Tiger pointed the whole quote would be sheik saying "If they kill me in prison you are to. . . blah blah". As this seems to be a will and subject is alive it is not a viable plot of intended action now. I'm paraprasiong this badly but there didn't seem to be much press in galley Thurday. It was a pretty good exchange. Prosecution guy looked like the batboy going up against a major league pitcher. He sort of warbled when he set forth his plea to include this piece of surveillance sound recording tape. Kind of got swatted about by the judge.
Then Mr. Tiger did his objection to the tape as evidence. He didn't go to the bench. He walked to the lecturn that has a mike and confidently made mince meat out of the feds. A great orator at work. Jist of it seems to be that the gov't. has big technical building where tapes are taped, daily backups re-recorded on some big tape and the daily 'running' tape gets recorded over for next days' tap -- (destroying content). But the big tape is connected to other investigations. So gov't says defence cannot inspect tape as it contains extraneous classified tapes. But defence has the right to all evidence.
So Mr. Tiger argued for the whole tape and threw this good scrolding in. He saidstate cannot charge clients with conspiracy without saying
- What conspiracty was
- With whom
- And at what time they conspired
Which sort of blows gov't case. Lots more to it. Especially about first amendment and if it just protects some speech or all speech.
He mentioned a slew of 1st Amendment cases including Brandenberg.
Too bad it didn't have more in gallery as it was a lot of good points taken.
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