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  1. #1
    Join Date
    Jan 2010
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    Oregon
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    Default Police Destroyed Evidence

    Washington

    Supposedly I called my Ex and we have a modified NCO in place. She called the police and they came to her house. The detective stated that he listened to a recording that my ex said was me. He recorded her story and took a recording off her answering maching and marked it "victim statement" and turned in into his office. Now since he marked it "victim" statement it was transcribed but the actual recording was destroyed. He noticed a caller ID and looked at the number, but never wrote down the number, doesnt remember my name being on it, never called teh number to see who's it was, doesnt remember it being a number from my state and never looked at call records, hers or mine.

    He admitted all this on stand, said he messed up by not researching the number or atleast recording th number, admitted he messed up and marked the recording wrong so it was destroyed but transcribed and admits he has no idea who's voice was on the recording since he never heard my voice, ever!

    Does it seem that this evidence should not be allowed in court? it proves really nothing other then there was a recording on her machine but because he didnt do a good job we have NO idea who made the call or what they even sounded like!

    Thanks, THEJKH

  2. #2

    Default Re: Police Destroyed Evidence

    Quote Quoting TheJKH1999
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    Does it seem that this evidence should not be allowed in court? it proves really nothing other then there was a recording on her machine but because he didnt do a good job we have NO idea who made the call or what they even sounded like!

    All you really have happening on the stand is statements and a transcript. If the prosecution is resting its case on the voice on the tape being YOUR voice, yet they can't produce a recording of the message, your defense attorney should eat the case alive. The rest of the points are really irrelevent because things like call records and phone numbers don't tell whose voice was actually ON the line - and that's the only point that's relevent. It doesn't matter what number the call came from, whose phone line it was, etc. Since they can't prove it's your voice (having lost or destroyed the tape), it probably actually works in FAVOR of your defense - so you're right - it really proves nothing.
    Catherine NeSmith
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  3. #3
    Join Date
    Jan 2010
    Location
    Oregon
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    Default Re: Police Destroyed Evidence

    thats what I thought. I proved my ex has commited perjury in 2 other case's, has falsified police reports and has a agenda, the cop admitted he messed up and the only person that heard the recording was my ex. I saw no reason to testify since there was no evidence I commited a crime, only her accusation yet I was convicted.
    That was with a public pretender, I hired a real lawyer and he is amazed at what went down, this time it looks alot better

    Just wondering what evryone thought about the "evidence"

  4. #4
    Join Date
    Dec 2009
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    Earth
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    Default Re: Police Destroyed Evidence

    You should (have) moved to have the references to the tape excluded. That way, even if you get convicted (which is hardly certain given that the cop himself admitted he didn't know if it was your voice on the tape), you have grounds for appeal.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: Police Destroyed Evidence

    The officer's statement as to what was on the recording would likely still be in, and they could introduce the transcript because the officer and the transcriptionist could both testify that it was a true and valid representation of what they heard. It still would not show that it was the defendant who called, but what they heard is still valid testimony even if not conclusive evidence of wrongdoing.
    A Nor Cal Cop Sergeant

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    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

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  6. #6
    Join Date
    Jan 2010
    Location
    Oregon
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    Default Re: Police Destroyed Evidence

    yeah, I think if I cant hear who is on the tape then why should we see what was on it. Anyway we moved for an appeal on the prosecutors rebutal argument, she argued that "there was no reason to listen to the recording since it was my voice on it", and "what was the point of getting phone records if it would only show it was my number and they knew it would be my number"!!

    My ex had tried the same thing with Hawaii courts, filing false claims of restraining order violations, but I had rock solid alibi's, IE I was hanging out with several LEO buddies!! Hawaii wouldnt take her crap anymore so she moved to Washington and started getting them involved!!

    Its amazing how fast she can ruin a life with obvious lies and they go for it, I guess thats VAWA money(our money) working at its best

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