Discovery

[6stringer9]

What is the name of your state? Michigan

Hello all,

I have a trial coming up in a couple of months and although I am going to hire an attorney before the trial I am trying to do some of the leg work myself first.

I need to know how I get the 911 log and the tapes or transcripts from the night in question. The police put in their report that some calls were made to 911 that I have reason to believe never happened.

I requested discovery from the prosecutor and they gave me copies of the reports but have not given me the pictures and he told me he was not in possession of the 911 logs or tape so even though they may contain mitigating evidence he has no obligation to make them available.

Do I have to request a subpoena from the judge or do I just need to file a FOIA request with the agency that took the 911 calls?

Any help would be appreciated.

Thank you,
Stringer

 

[seniorjudge]

I have a trial coming up in a couple of months and although I am going to hire an attorney before the trial I am trying to do some of the leg work myself first.

Bad idea. Lawyers don't like to clean up their clients' messes so they can get started with the real work.

You are just creating a bonanza for some lawyer.

Go to a lawyer first and let that attorney do the work the right way.

You don't even know what kind of case you have (or at least you didn't tell us in the post: federal, state, criminal, civil, felony, misdemeanor?)

 

[6stringer9]

Re: Bad Idea

Yeah that is not really the information I was looking for.

I have some experience with the legal system I just need to know what the process would be to obtain that specific mitigating evidence.

If anyone can point me in the right direction I would really appreciate it.

6Stringer9

 

[CdwJava]

You're assuming it is mitigating evidence ... it may not be so.

As for obtaining a copy of the 9-1-1 call and any CAD (dispatch) entries, you might best start with a phone call and ask them under what circumstances they can be released. It is very likely that they won't give them to YOU at all - only to an attorney as part of a proper Discovery motion, or via subpoena.

And keep in mind (as you wait to hire an attorney) that 9-1-1 tapes may only be saved for 30 days ... maybe less.

Time is not on your side in this.

But! If the 9-1-1 call is the only key to their case (in other words, without it their case falls apart) then if THEY don't present it, they give you built in reasonable doubt.

Obtaining this might not be as beneficial as you think.

As a side note, all because the officers believed a 9-1-1 call had come in does not make it so. The existance of a 9-1-1 call may not even be legally relevant to the matter. Only if a 9-1-1 call provided the SOLE reason for contact or detention/arrest might it be of import.

Let your attorney make the call based on the entire case.



- Carl

 

[6stringer9]

Who Assuming Who?

Enough.

I will win this case.

Don't act like you are giving good advice.

a degree dosent make a player.

IS THERE ANYONE THAT HAS THE CLUE?

 

[6stringer9]

i ASSUME NOTHING.
uuuu ASSUME. ANSWER THE DAMN ??????

 

[CdwJava]

I tried ... you didn't like it.

Good luck.

And with that attitude don't expect anyone else to post their 2 cents either.

- Carl