I want to see the DA's files on me...

[charlie neville]

What is the name of your state? I'm in Maine-

Three years ago I was arrested for stalking, subsequent to this arrest I was also charged with three other crimes. Two years later a jury found me not guilty of the stalking charge and the district attorney dropped the other charges.

My question is; do I have a right to see the district attorneys files relating to these charges brought against me? I've filed suit and would like to see if there's anything in these files which might help me make a case for abuse of process or malicious prosecution.

thanks,

charlie

 

[Doubting Thomas]

NO

Can someone come look at your papers "to see" if they have any grounds to sue you? nope.

same deal here. You can't "fish" for evidence until you row your boat out into the lake (File Suit) and bait your hook (file Discovery motions).

 

[stephenk]

In your criminal case, the DA would have been required to turn over all their evidence to your defense attorney. Ask him for a copy of your file.

 

[charlie neville]

DA's files on me!

Thank you both for your answers and yes much was turned over to my attorney prior to my trial on the original charge. It's what wasn't turned over that interests me. And what wasn't turned over that interests me is not "evidence" in the sense of related to my supposed criminal activity, but rather a warrant for my arrest which was not acted on when originally issued, but a second warrant issued 3 days later which was used to arrest me.

I was arrested charged with 'stalking' on a Friday after the banks had closed and held on $100,000/$10,000 bail. Please understand stalking in Maine is a class "D" misdemeanor and there was no violence or threat of violence cited any where in the documentation used to get the warrant. The detective who arrested me states he went to the court on the previous Tuesday with his affidavit. Would seem to me a warrant would have been issued then...not three days later. It's this first warrant I'm looking for.

I absolutely believe the intent here was to intimidate and humiliate me and think too they knew they would never get a conviction with the evidence they had. They sought continuance after continuance and finally after 22 months I was tried. The jury took about ten minutes to return a unanimous verdict of "not guilty"

The second charge against me was a charge of harassment, dropped by the DA two years later. This charge was based on postings made to a web site I have. In Maine one must first be warned before being charged with harassment, and the detective did warn me not to harass this person in the future. He DID NOT tell me to take down my web site, in fact he acknowledges he had no authority to do so in his follow up report to my arrest, but then goes on to say that he did tell me to take it down. It's this too that I need to review in the DA's files.

Well anyway...your additional comments appreciated.

thanks

charlie