Police and reports

[mojo21]

What is the name of your state (only U.S. law)? Georgia

If the police makes a report and this reports seems to show there may have been some tampering of witnesses, and they defendant gets a new trial are they allowed to create new report or would this be considered illegal?

 

[CSO286]

What is the name of your state (only U.S. law)? Georgia

If the police makes a report and this reports seems to show there may have been some tampering of witnesses, and they defendant gets a new trial are they allowed to create new report or would this be considered illegal?

We don't do hypotheticals.

Now, if you have an actual issue, we'd be happy to hear it and try to help.

 

[mojo21]

We don't do hypotheticals.

Now, if you have an actual issue, we'd be happy to hear it and try to help.

This is not hypothetical, this actually happened. A friend of mine had his case overturned in the appeals court. He was brought back and got bonded. From what he told me the detectives report in regards to questioning the alleged victim did not match with the video of them talking to the victim. He said when he was going over the discovery he noticed the detective's report was different than from the first trial. So i wanted to ask if this was legal or was this against the law.

 

[Zigner]

This is not hypothetical, this actually happened. A friend of mine had his case overturned in the appeals court. He was brought back and got bonded. From what he told me the detectives report in regards to questioning the alleged victim did not match with the video of them talking to the victim. He said when he was going over the discovery he noticed the detective's report was different than from the first trial. So i wanted to ask if this was legal or was this against the law.

Your friend's attorney would be the best one for your friend to speak with about this matter.

 

[tranquility]

Once a report is filed, it should not be changed. There can be "supplemental" reports that give different information. The problem may be what was asked for in discovery. Since he already has the original report, asking for the detective's report would not have the DA turn over the report already in the defendant's possession but those reports not already turned over.

But, beyond that, we'd need to know all the facts. I suspect this now report is not signed by the detective on the date the prior report was.

 

[Mass_Shyster]

If the reports are materially different, they certainly can be used to challenge the credibility of the author.

 

[mojo21]

Once a report is filed, it should not be changed. There can be "supplemental" reports that give different information. The problem may be what was asked for in discovery. Since he already has the original report, asking for the detective's report would not have the DA turn over the report already in the defendant's possession but those reports not already turned over.

But, beyond that, we'd need to know all the facts. I suspect this now report is not signed by the detective on the date the prior report was.

Thanks Tranquility,

I will see if he can tell me more. I just thought I would see what people say here. From what he told me though he said that he has a new court appointed attorney, and that she gave him the discovery and that the report was what had changed. I am only going by what he had said.

 

[mojo21]

Your friend's attorney would be the best one for your friend to speak with about this matter.

Yes I agree, I was only seeing what people would say here.