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Exculpatory Evidence


El Luchador

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Ok, but he was released today because of this. So the Brady violation is real.

He was released because prisons are overcrowded and he’d served enough of his sentence.

He did not successfully appeal his conviction, or any other legal avenue to be found not guilty. He was simply released because, as his lawyer clearly said, BOP math. Only murderers and rapists, if that, serve a full sentence.


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31 minutes ago, Le duke said:


He was released because prisons are overcrowded and he’d served enough of his sentence.

He did not successfully appeal his conviction, or any other legal avenue to be found not guilty. He was simply released because, as his lawyer clearly said, BOP math. Only murderers and rapists, if that, serve a full sentence.


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From what I have read on sites across the spectrum, this is true.

mspart

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14 minutes ago, mspart said:

From what I have read on sites across the spectrum, this is true.

mspart

That's the short term approach to an issue that has much bigger implications.  They are trying to lessen the damage.  It's being said that the judge is very upset. 

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9 minutes ago, El Luchador said:

That's the short term approach to an issue that has much bigger implications.  They are trying to lessen the damage.  It's being said that the judge is very upset. 

You just claimed some wild stuff and were immediately contradicted by evidence, and then just doubled down with this nothing sandwich.  Then you also did this:

1 hour ago, El Luchador said:

Well he must have felt so enough to file a motion that the judge agreed with. 

And followed it up with this:

12 minutes ago, El Luchador said:

  It's being said that the judge is very upset. 

All that again without evidence.

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4 hours ago, Le duke said:


He was released because prisons are overcrowded and he’d served enough of his sentence.

He did not successfully appeal his conviction, or any other legal avenue to be found not guilty. He was simply released because, as his lawyer clearly said, BOP math. Only murderers and rapists, if that, serve a full sentence.


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Can confirm.  At the State level here in FL ( I don't work in federal court currently), prison sentences are able to be reduced to about 85% of the original sentence (you would serve 8.5 years on a 10 year sentence) outside of sex offenses or minimum mandatory sentences.  County jail sentences, everyone gets 1 day off their sentence per month for good behavior, and can earn an additional 5 days per month off by working as a trustee (custodial/maintenance/food service).

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11 hours ago, VakAttack said:

You just claimed some wild stuff and were immediately contradicted by evidence, and then just doubled down with this nothing sandwich.  Then you also did this:

And followed it up with this:

All that again without evidence.

Yes, I guess we'll have to wait and see. I trust my information. 

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Yes, I guess we'll have to wait and see. I trust my information. 

So it’s not exculpatory evidence, though, because that would have to be filed with a court, a new trial would have to be conducted, etc. All of which would be public record.

Sorry, I don’t believe you.


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4 minutes ago, Le duke said:


So it’s not exculpatory evidence, though, because that would have to be filed with a court, a new trial would have to be conducted, etc.

Sorry, I don’t believe you.


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Yes it's a Brady violation,  I already said that.  This is what the Judge is upset about.  The defense attorney is pursuing this.  This is a massive no brainer.  Evidence was withheld, intentionally and illegally. 

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Yes it's a Brady violation,  I already said that.  This is what the Judge is upset about.  The defense attorney is pursuing this.  This is a massive no brainer.  Evidence was withheld, intentionally and illegally. 


If it was a Brady violation, he would still be in jail pending a new trial. They don’t just open up a jail cell and release you when your lawyer claims something. He also wouldn’t have been released to a halfway house if he had been found not guilty.


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1 minute ago, Le duke said:


If it was a Brady violation, he would still be in jail pending a new trial. He also wouldn’t have been released to a halfway house if he had been found not guilty.


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Stop gap measure,  I already said this. 

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That's just not how the system works man. If there was a Brady violation, it requires a hearing to establish, and there would be a written court order releasing him from custody.  This is an extremely high profile case.  You are talking of of your ass.

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6 minutes ago, VakAttack said:

That's just not how the system works man. If there was a Brady violation, it requires a hearing to establish, and there would be a written court order releasing him from custody.  This is an extremely high profile case.  You are talking of of your ass.

I know exactly how it works, and I know how powerful people cover their asses. Is there any legitimate argument that there isn't evidence of a Brady violation?

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