[AlpacaTalk] Re: for Libby
--- In AlpacaTalk@yahoogro
Fritch" <aemoss17@..
>
> In this
case the valid laws which are limiting the reach of the agreement are
the laws on discovery in another court case.
I have neither time or interest in plowing through reams of documents
regarding this.
Perhaps, Allison, you could explain the process of discovery in a bit
more detail?
I have only limited experience with it, and in a completely different
setting. In Oregon a couple of years ago persons incarcerated for
identity theft were using discovery, under the guise of filing for
post conviction relief, to obtain all evidence related to their
original conviction. This resulted in non-redacted documents
containing their victims personally identifying information being
delivered to them in prison (including photocopies of checks, credit
cards, lists of names, birthdates and social security numbers, etc.)
which the inmates then bartered among themselves. The information
was then sent back out into the community where it was used by
organized groups to - you guessed it, victimize the same people all
over again.
My wife and I were involved in passing legislation that prohibits
providing non-redacted documents to these felons.
It was a surprisingly difficult task to get this passed thorugh the
legislature. It turned out the biggest opponents to the legislation
were the newspaper editors, who feel they have the right to all
information, and felt that all information held by the government
should be public information.
In the end a rather toothless piece of legislation passed that failed
to define any penalty whatsoever for failure to comply with the new
law. At least one of the sponsors of the bill, however, told us that
the existence of the law would give victims some recourse to seek
civil penalties if they could prove the law had been broken.
So, with that background, how does discovery work? What exactly is
requested? By whom? What are valid purposes?
Inquiring minds, and all that...
John Merrell
Gateway Farm Alpacas
http://www.gatewaya
Alpaca, a natural elegance...
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posted by Chaddo at 12:06 PM
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