Name: Pubic Utilities And The Bill Of Particulars: Frog Gravy Legal Case - Shadowproof
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Pubic Utilities And The Bill Of Particulars: Frog Gravy Legal Case - Shadowproof

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Every once in a while I take some time away from Frog Gravy. During my time away from writing this week I once again searched for notes. To my utter shock, I located probably close to another thousand pages of notes. Most are related to the legal case.Frog Gravy is not even about me. It is about a criminal justice system gone mad. I will try my best to illustrate it with documents, official transcripts and audio YouTube recordings (as soon as I learn the technology).The Bill of Particulars is a document, sworn to under oath by the prosecution (ie, The Commonwealth) and then filed with the court. It indicates what they intend to rely on in their case.In my case, the Bill of Particulars was also an offer: were I to plead guilty, they offered me eight years, plus seven days for the no-drug/no-alcohol/no bad driving DUI.I did not see this document until just prior to my trial, probably because I had made it clear to my attorney at the time, Will Kautz, that I would take no deals whatsoever, even if it were an offer for a Caribbean vacation, and so he did not show it to me. This is probably a good thing, because of the huge falsehood that it contained, namely, that there was “no exculpatory evidence” under Brady vs Maryland, when, in fact, there were two exculpatory lab results that the Commonwealth had had in its possession for, like, a year.The first lab result, the one that the prosecution hid from the Grand Jury and Deputy Eddie McGuire lied about, was faxed to the Commonwealth four days prior to the Paducah Grand Jury meeting, on 7/24/2006 at 12:32 PM to FAX number 2708247029, as you can see on the document.The exculpatory drug test result was completed on 9/25/2006.The Bill of Particuars, stating that there was “no exculpatory evidence” was filed on October 17, 2006, by Christopher Hollowell, who is now a District Court Judge.Here are the photos:Bill of Particulars filed October 17, 2008 by Crane-Station on flickr.The statement: “The Commonwealth has reviewed the material in this case and finds no material which is exculpatory under Brady vs Maryland.”Sworn under oath and delivered.The hidden exculpatory lab result for alcohol (exculpatory under Brady)enlarged.The hidden exculpatory drug test result (under Brady)These lab results have been published online in other posts as well.Amazing coincidence that I received an eight year sentence after my jury trial.Rather than simply ‘forget’ to mention the exculpatory lab results and just sort of leave them out of the overall picture, the Commonwealth took the extra effort and step of making a flat-out pointed, false statement.As I mentioned above, this case is not even about me any more. It is about a criminal justice system gone barking mad.DNA has blown a hole in some of the injustice. But what about the many thousands of non-death penalty life-altering cases? How many are there? Why would anyone holding a bar card take the risk of making an easily discoverable false statement under oath? I believe that it is because no one has ever questioned them.Here is what I heard over and over from fellow inmates: ‘I had it coming anyway.’ So, in my case, since I had a known drug and alcohol history, I was just sort of supposed to substitute that for the justified miscarriage of justice and flagrant misconduct. Indeed, if everyone followed this logic, no person would ever get out of prison. Unless, of course, you have money and political clout. If you have money in this country and if you know the right people, you can literally kill and get away with it. If you have enough money you can show up drunk, higher than God, and steal even more money from people that have nothing.It wasn’t supposed to be like this.[cross-posted, although there is more ranting here, at froggravy.wordpress.com]Shadowproof is a financially independent news organization. All of our funding comes from small donations made by readers like you.We use your donations to hire freelance writers and cover our operating costs. Monthly membership subscriptions give us the stability we need to make plans while ensuring our organization does not depend on grants or major funders. If you like what you read, support our writers with a donation today.&nbsp;

Every once in a while I take some time away from Frog Gravy. During my time away from writing this week I once again searched for notes. To my utter shock, I located probably close to another thousand pages of notes. Most are related to the legal case.Frog Gravy is not even about me. It is about a criminal justice system gone mad. I will try my best to illustrate it with documents, official transcripts and audio YouTube recordings (as soon as I learn the technology).The Bill of Particulars is a document, sworn to under oath by the prosecution (ie, The Commonwealth) and then filed with the...

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Pubic Utilities And The Bill Of Particulars: Frog Gravy Legal Case - Shadowproof

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