Motion for Discovery

[ajax444]

What is the name of your state? Maryland

My husband is in Federal Prision and his lawyer filed a motion for Discovery... I was suppose to be able to listen to phone wires and now my husband told the lawyer not to let me hear them.... Obviously he don't want me to hear something... I was told that the discovery is public knowledge and I just need to know how to get it... Does anyone know how I would get these records?????

[outonbail]

Originally Posted by ajax444

What is the name of your state? Maryland

My husband is in Federal Prision and his lawyer filed a motion for Discovery... I was suppose to be able to listen to phone wires and now my husband told the lawyer not to let me hear them.... Obviously he don't want me to hear something... I was told that the discovery is public knowledge and I just need to know how to get it... Does anyone know how I would get these records?????

You won't and I'm not sure you would want to even try. This is your husbands case and he is the one who will end up in prison if he's convicted. I don't know why he doesn't want you listening other than I wouldn't want anyone listening to my conversations with my attorney either. Not because I would have something to hide, but your involvement can only confuse the issue and frustrate/annoy your husband and his attorney if they have to explain everything that is said and done to you constantly.
Your husband needs to concentrate on his case and his situation and it doesn't help him to have to deal with any side shows or personal issues your deep involvement may lead to.
Don't take it so personal and think he has something so terrible to hide from you as that is probably not why he has requested the attorney to not allow you to listen in. In fact, it may have been the attorney who suggested this and not your husband.
Either way, there is really nothing you can do to help his situation, but you can probably hurt it in ways you never imagined, if you were aware of every little detail prior to his trial.

So if you really want to help him, respect his wishes without making a big deal out of it. It will all come out in the wash eventually anyway. Be patient and don't jump to conclusions!

[ajax444]

I don't think you understand what I am looking for, The Discovery is what the Federal Goverment has against my husband... Phone wires, survaliance Etc... I know you can get a copy of the transcripes and that is what I am looking for. I meet with my husbands lawyer all the time and he is the one who told me I had a right to get these records from the federal government if " I knew how to find them." I want to read these things because since my husband was federal indicted I have heard a lot of rumors about things he was doing. Although I know he was not always innocent, I also know there are things I was not made aware of because he knew I would take the kids and leave. I have childern that I have to protect and I want to know everything. I need to file a motion for discovery but I don't know how???

[outonbail]

Originally Posted by ajax444

I don't think you understand what I am looking for, The Discovery is what the Federal Goverment has against my husband... Phone wires, survaliance Etc... I know you can get a copy of the transcripes and that is what I am looking for. I meet with my husbands lawyer all the time and he is the one who told me I had a right to get these records from the federal government if " I knew how to find them." I want to read these things because since my husband was federal indicted I have heard a lot of rumors about things he was doing. Although I know he was not always innocent, I also know there are things I was not made aware of because he knew I would take the kids and leave. I have childern that I have to protect and I want to know everything. I need to file a motion for discovery but I don't know how???

Well I don't believe the discovery would be made available to the public until after a case is settled. The defendant and his council would receive it so they know what evidence there is against them. The prosecution is not allowed any surprises at trial.
However I'm not so sure it would be available to anyone else who is not a party to the case until the case is resolved. I could be wrong and if so I'm sure someone else will chime in and let me know as posting incorrect information is frowned upon.
You should also realize that not all the information the prosecution has in their case files will be released, such as names of informants, witnesses agents etc. I'm not so sure they will release the actual transcripts of telephone taps without a court order either.
So this mission you're on to collect all the available discovery is probably going to require the assistance of someone with a law degree AKA an attorney as I'm sure the entire process will be more involved that you will be able to accomplish by asking questions or for instructions on a legal advice forum. To my knowledge, there is no "Obtaining Discovery for Dummies" transcripts available that would enable you to get what it is your looking for.

Also, I'm not so sure I follow your reasoning as far as where you draw the line on the things your husband was involved in. It sounds like you knew he was breaking the law or involved with someone or something that was illegal on a federal level, but you're not sure you know everything he was into? So are you saying that if he was smuggling marijuana you have no problem but if he was smuggling cocaine then you have to protect the children? Or are you concerned with who he's doing these things with?
It just sounds like you draw the line where and when it's convenient and to your own benefit. Perhaps whatever he does doesn't really concern you as long as you have plenty of income to provide a fruitful lifestyle. Now that he's not bringing home the bacon, it's time to be shocked and learn how he was providing for his family?