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  1. #1
    Join Date
    Oct 2005
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    Memphis, TN
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    29

    Default Ballistics Report

    Can a defendant request a ballistics report prior to going to trial? It is not currently apart of the discovery. We believe that bullets were planted on the scene in our case and want to know what the scientific findings were. We want to know where the weapon that was allegedly used is and who it belongs to. Can a ballistics report reveal all of this information?


    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Ballistics Report

    Quote Quoting michell
    Can a defendant request a ballistics report prior to going to trial? It is not currently apart of the discovery. We believe that bullets were planted on the scene in our case and want to know what the scientific findings were. We want to know where the weapon that was allegedly used is and who it belongs to. Can a ballistics report reveal all of this information?
    Were any ballistics tests performed by the police? If not, then you would have to seek such testing at your expense (well, at the expense of the defense).

    And who would plant pullets at the scene? And why?

    - Carl

  3. #3
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default

    Why wouldn't the police perform ballistics testing if this is an alleged shooting? How could they prove "beyond a reasonable doubt" if they don't have ballistics? How much does it cost?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Quote Quoting michell
    Why wouldn't the police perform ballistics testing if this is an alleged shooting? How could they prove "beyond a reasonable doubt" if they don't have ballistics? How much does it cost?
    It depends on what they are trying to prove and what other evidence they have.

    In a homicide, you are more likely to see ballistics than in a shooting where the victim was not killed or even hit at all.

    The cost depends on what tests are being done, who is doing them, etc.

    - Carl

  5. #5
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default

    This is an alleged shooting and my friend didn't do it! This person planted the bullets and I'm wondering how they can continue to hold my friend if they have nothing that puts him at the scene of this crime. They have offered to drop a charge (cr. attempt) and they want him to accept 2 other charges(agg assault). He's not accepting ANYTHING for something he didn't do and we are going to trial. There is no gun, there is nothing else but these bullets and this alleged incident. If this happened, we want to know who did it. We want them to find this alleged 'gun' and check for prints or trace it back to its owner. If no ballistics, what method will they use to even make this conspiracy look good on their part? Why not use ballistics to prove that my friend is innocent?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Do the police have any evidence that your friend has firearms of the type which could fire the bullets at issue? Are any such firearms registered to him? Did the police seize any firearms as evidence?

  7. #7
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default

    No. No. and No.

    I promise you this is the most outrageous thing I have ever seen. I have called several people to inform them that this is made up-the prosecutor's office -they won't talk to me, I called internal affairs to inform them that this is wrong-they won't listen to me. I called the police who came on the scene. They asked "who did I think I was, a report or lawyer or something". The only person who is listening is the Public Defender (who is very good and communicates often). He says that this will hopefully be solved at trial. This guy has framed my friend so that he won't go to jail himself. He stabbed my friend and then just went downtown and made up these shooting incidents. He has never mentioned stabbing my friend. We have medical records that have been brought in to prove that my friend was stabbed. This guy has nothing that shows he was injured in anyway. He was not injured because this didn't happen! I am so distraught I don't know what to do about this.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    This is why they have trials.

    Without a gun, "ballistics" won't do much good. And the naked eye will be able to tell if the bullets were fired by a gun or simply hammered into holes.

    Calling the police or the DA is not going to do any good as you are not (apparently) a witness to the crime. if that is the case no one is likely to heed anything you have to say on the matter.

    Even if your friend was stabbed, it does not mean that the other guy cannot claim it was in self defense since he was shot at.

    The lack of a gun or tie to a gun will be problematic for the prosecution. Of course the defense will make hay about all this ... and it might fly. But, I can only suppose that they have enough to sustain the charges even if they do not have enough for a conviction at trial.

    - Carl

  9. #9
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default

    I am a witness for the defense. My friend and I went to Walmart and several other places during this alleged attack. The guy picked the wrong times when he made this one up. I have called the places we went to to get surveillance tapes. They said that they don't keep them. They use the loop system(use them over and over). I don't mind getting on the stand and telling the truth about this chaos.

    Thanks for your help,


    Michell

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    They must have been together at some point for him to get stabbed. If you were not present then, your statement might not be all that relevent. Unless the alleged stabbing and the alleged shooting happened at different times.

    - Carl

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