Thursday, October 20, 2005

Judge: Prosecutor must copy videos for defense

From the Coeur d'Alene Press:

Gibler sided with [Public Defender John Adams], ordering prosecutors to turn over copies of the video clips, but mandated they must be encrypted by the defense and kept locked in a safe in the public defender's office. Only Adams or his chief deputy, Lynn Nelson, are to have access to the material during preparation of a defense. At the conclusion of the trial and any subsequent appeals, the copies must be returned to the prosecutor's office for destruction.


Along with some interesting arguments concerning the quantity of videos and photos which law enforcement actually recovered and the quantity which the prosecution claims to have:
Adams claimed that in addition to the videos, he was questioning whether his office has received all the evidence it's entitled to. He said one police officer said there were 15 other videos. He said another told him there were "hundreds."


Adams said the withholding of other evidence and documents by the prosecution puts a restraint on his ability to defend his client. "Absent those materials, the defense is not prepared to go to trial," Adams said.


Douglas said all of the evidence -- including copies of nearly 12,000 pages of reports and documents -- has been turned over.

I do wonder about that discrepancy. The FBI knows that Duncan uploaded photos and videos from Montana. If any other videos are considered evidence in the upcoming Federal case- the kidnapping of Shasta and Dylan, and the murder of Dylan, which occured in Montana- then these two videos in question are probably the only two which Joseph Duncan made in Idaho.

So Kootenai County would not have any other videos or photos save for those which pertain to the Idaho case: the murders (and kidnappings of) Brenda and Slade Groene and Mark McKenzie. (And save for those which would show motive- the murder of these three people in order to take the children for sexual purposes.) The Feds are keeping all the others for their case. And then there is the probability of another case against Joseph Duncan for the production of child pornography.

At least I think that's where the two versus 15 videos discrepancy originates. There certainly are a lot of people in law enforcement who maintain there were many videos found. I've been told very few people actually viewed them, and then mandatory counseling for those few, as well as some paid leave because the videos are so horribly disgusting and evil.

No, I can't believe that this filthy freak only made two videos in those seven weeks. Recording his vile acts was what he lived for- what he felt was his mission.

I hope the Feds are on to the file sharing network/recipient(s) Duncan was uploading to while in Montana.

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