Dealing with Prosecutors

[Joker548]

What is the name of your state (only U.S. law)? TX
This may be difficult for attorneys to answer unless anonymous, which is fine by me. Would it surprise criminal defense attorneys to learn that the state had altered signed witness statements? As an example a typed 2 or 3 page statement which was signed on the back page then later someone deems that it would be better to change the language so one page of the document is altered but the signature stays intact. Would that shock anyone? Also if later a public information request is done for a police report of an incident and the prosecutors office merely says that they do not have the document is that surprising?
Or in the same case a defendant hires an attorney for post conviction relief and shares details of the case only to learn that the prosecution has altered some of the statements and the same attorney has lost or misplaced the same police report that was requested in the public information request.
I know for a fact that these incidents occurred but do these incidents occur as a surprise to many or is this a dirty little secret?

Just for grins, assume that these incidents are the stone cold truth. Can anything be done?

 

[quincy]

What is the name of your state (only U.S. law)? TX
This may be difficult for attorneys to answer unless anonymous, which is fine by me. Would it surprise criminal defense attorneys to learn that the state had altered signed witness statements? As an example a typed 2 or 3 page statement which was signed on the back page then later someone deems that it would be better to change the language so one page of the document is altered but the signature stays intact. Would that shock anyone? Also if later a public information request is done for a police report of an incident and the prosecutors office merely says that they do not have the document is that surprising?
Or in the same case a defendant hires an attorney for post conviction relief and shares details of the case only to learn that the prosecution has altered some of the statements and the same attorney has lost or misplaced the same police report that was requested in the public information request.
I know for a fact that these incidents occurred but do these incidents occur as a surprise to many or is this a dirty little secret?

Just for grins, assume that these incidents are the stone cold truth. Can anything be done?

It would be rare but not all that surprising. You can look at the Ted Stevens case to see how prosecutorial misconduct might be handled (or, as some may say, mishandled). But it depends on the facts what can or cannot be done in any one case.

 

[Ohiogal]

What is the name of your state (only U.S. law)? TX
This may be difficult for attorneys to answer unless anonymous, which is fine by me. Would it surprise criminal defense attorneys to learn that the state had altered signed witness statements? As an example a typed 2 or 3 page statement which was signed on the back page then later someone deems that it would be better to change the language so one page of the document is altered but the signature stays intact. Would that shock anyone? Also if later a public information request is done for a police report of an incident and the prosecutors office merely says that they do not have the document is that surprising?
Or in the same case a defendant hires an attorney for post conviction relief and shares details of the case only to learn that the prosecution has altered some of the statements and the same attorney has lost or misplaced the same police report that was requested in the public information request.
I know for a fact that these incidents occurred but do these incidents occur as a surprise to many or is this a dirty little secret?

Just for grins, assume that these incidents are the stone cold truth. Can anything be done?

Why would the prosecutor's office have a POLICE report for a public information request? The proper place to make a public information request for a police report is at the police station.

 

[quincy]

I would say that the response by the prosecutor's office to a request for a police report is probably the least surprising of the tales told.

 

[Joker548]

The report was from another jurisdiction and part of the case record. The original PD ignored the request anyway.

 

[Silverplum]

The report was from another jurisdiction and part of the case record. The original PD ignored the request anyway.

Okay.
http://www.texasbar.com/AM/Template.cfm?Section=For_The_Public

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/Find_Grievance_and_Ethics_Information/default.htm