18 November 2005

Depo Update: They are violating Rule 98

Charlie Bauer and Chief Dunn think the letter I'm about to post below in "hate mail" is funny. I just asked Chief Dunn why various documents were just forwarded to Attorney Albrecht on 16 Nov. when they should have been forwarded within 30 days of my not-guilty plea, on 29 June 2005, per Rule 98. 'That would involve strategy in your criminal case,' said Dunn, almost verbatim:

(2) Within thirty (30) calendar days after the entry of a not guilty plea by the defendant, the state shall provide the defendant with the materials specified below:

(i) Copies of all police reports; statements of witnesses; results or reports of physical or mental examinations, scientific tests or experiments, or any other reports or statements of experts, as well as a summary of each expert's qualifications.

(ii) The defendant's prior criminal record.

(iii) Copies of or access to all books, papers, documents, photographs, tangible objects, buildings or places which are intended for use by the state as evidence at trial or at a pretrial evidentiary hearing.

(iv) All exculpatory materials required to be disclosed pursuant to the doctrine of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, including State v. Laurie, 139 N.H. 325 (1995).

(v) Notification of the state's intention to offer at trial pursuant to N.H. Rule of Evidence 404(b) evidence of other crimes, wrongs or acts committed by the defendant, as well as copies of or access to all statements, reports or other materials that the state will rely on to prove the commission of such other crimes, wrongs or acts.

Meanwhile, I'm steady looking at a file of papers at Dunn's feet. They have not yet been produced and they read:

"Witness Statements"
1. "Attorney Affidavit from Richmond, VA."
2. "Incident from Pittsburgh, PA 2001."
3. "Files from Dallas, TX (Metricom)"
4. "Indecent Exposure Incident 2002," in which his Depo testimony indicates that he has spoken with "Babylon Energy" after our monetary settlement, and that they openly spoke of me in a negative fashion; did not tell him any of the true facts about the Caucasian female manager who asked me to show her 'that big brown penis' or the fact that the company was under Court ORDER to provide missing emails from her and others.

This blawg piece I will forward to my attorneys in the criminal venue, along with the Deposition Transcript.