Wednesday, February 04, 2009

Warren's Attorneys believe that there are recordings that Damn Doran.

In a motion before the court, Michael Piccarreta states clearly that he's being sandbagged on recordings from Sheriff David Doran that have the conversations at the YFZ gate recorded.
Overnight I posted to that subject. There are new postings of motions at Mohave County Arizona. These were posted unusually fast.
It is now known that Schleicher County Sheriff David Doran was equipped with audio and video recording equipment when Texas law enforcement authorities arrived at the YFZ Ranch prior to the raid. Prior to traveling to Texas to conduct interviews with Texas Law enforcement officials, counsel for the defendant specifically requested the State to disclose these audio and video recordings. [See correspondence from defense counsel, December 5, 2008, attached hereto as Exhibit A]. Undersigned counsel specifically requested these items pursuant to Rle 15 of the Arizona Rules of Criminal Procedure and the principles set forth in Brady v. Maryland, 373 U.S. 83 (1963). [Id.].

Despite this request, the audio and video recordings were not disclosed and counsel for the defendant had to conduct the interviews of the Texas law enforcement officials without the benefit of having reviewed the audio and video recordings. Indeed, despite additional requests since the interviews, these recordings still have not been disclosed to the defense. It appears very likely that, once thse audio and video recordings are disclosed to the defendant and have been reviewed, it will be necessary to re-interview the Texas law enforcement authorities as it is believed that the recordings may, in part, be inconsistent with the public positions taken by Texas law enforcement officials regarding the unlawful searches of the FLDS property.

For the Court's information, it was during this time period prior to the raid that Texas authorities learned that the man the were ostensibly looking for, Dale Evans Barlow, was, in fact, in the State of Arizona. The Texas authorities further learned that the 16 year old alleged victim who was purportedly the mother of a child and pregnant with another simply did not exist. Accordingly, it is believed that the audio and video recordings will directly support the defendant's claim that the Texas law enforcement authorities acted with reckless disregard with respect to the information in the search warrant affidavit that led the magistrate to issue the search warrants. See Franks v. Delaware, 438 U.S. 154 (1978). It is also believed that the audio and video recordings will expose the failure of Texas law enforcement authorities to return to the magistrate once they acquired information that undercut the purported probable cause showing in their affidavits. See generally 2 W. LaFave, Search and Seisure 3.2(d), p. 50 (4th ed. 2004)[police conduct "violates the Fourth Amendment when the police come upon additional facts dissipating their earlier probably cause'].


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2 comments:

kbp said...

But Texas could not waste any time verifying where Dale was, it was obvious that after a 5 day delay the need for them to Save Sarah had to start immediately!

or they at least needed to enter the ranch to prove a negative, Sarah did not exist!

The Pharisee said...

Which they can't do, unless they search everyone, everywhere and everything.