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Obtaining Original CCOM tapes

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Day

Junior Member
What is the name of your state?Oregon

This is a complicated situation and bizarre, and I can't go into all details.

I have read enough on here to know that some people automatically assume a situation is impossible or improbable, so I'm just asking this "rhetorically."

What I need to know for the state of Oregon is:

When a copy of a CCOM (discovery) has already been given to an attorney, and it is obviously tampered with and edited after it was received by the D.A.'s office, how does one go about getting an unedited version of the CCOM?

In this case it is not practical to have the atty. do it at this point, as it is a small community and attys. apparently bend over backwards to stay in the D.A.'s good graces, plus many other factors that would take too long to explain.

I am told that it will be a very long and complicated process to get this done. I have already waited long enough and ridiculous delays and other goings-on have been occuring that make me realize that I need more help. I do not want to get rid of my atty., just need outside help.

What I want to know is, since it is obvious that there is probable unethical and illegal involvement at a high (for a little county) government level, should I go to a different county and pay a different atty. (not retain) just to get the original CCOM? Is that practical to do? Is it even possible?

Does a CCOM tape have to be given to the D.A. in the county that the "crime" was committed, or does the defendant have the right to get it directly from the CCOM source, via a subpoena or whatever, using a different atty. from a different county?

Thank you in advance for any advice.

If nobody knows, can someone direct me to an internet site where I could maybe find out this information?
 


CdwJava

Senior Member
Day said:
When a copy of a CCOM (discovery) has already been given to an attorney, and it is obviously tampered with and edited after it was received by the D.A.'s office, how does one go about getting an unedited version of the CCOM?
I assume that CCOM is short for "County Communications"? And you are looking for a tape of radio calls? Or a tape of phone calls?

If so, a couple of things. The tape for radio calls may well SOUND "edited" because the recording only starts and stops when the carrier tone in the radio system is activated. That can result in slight cutoffs of transmissions, clicking, hissing, and a host of other weird noises - and, a seemingly condensed chronology of events. I have heard the tapes for a 30 minute event sound like 10.

If the tapes were for a 9-1-1 or other call, there should be less of that, but they may still be voice activated and subject to starts and stops.

Additionally, they MAY be edited to remove unrelated phone or radio traffic ... I haven't heard of that ever being done, but I suppose it might be.

What makes you think the tapes are edited?

And the defense attorney should get a copy of the same tape the DA has. If he wants to get another copy, he can request it through the court via Discovery or subpoena, I suppose.


In this case it is not practical to have the atty. do it at this point, as it is a small community and attys. apparently bend over backwards to stay in the D.A.'s good graces, plus many other factors that would take too long to explain.
Then it may be near impossible to get a copy of the tape.

You can try to simply request a copy of the tape from communications. If that doesn't work, find out how to make a Freedom of Information Act request for the tape. However, be expected to pay a fee for copying time and materials.


I am told that it will be a very long and complicated process to get this done. I have already waited long enough and ridiculous delays and other goings-on have been occuring that make me realize that I need more help. I do not want to get rid of my atty., just need outside help.
If your attorney cannot get it done, I doubt you will be. But, you can seek a FOIA request and see what happens.

What makes you think these tapes might be edited? And why might they be so important to the whole affair?


What I want to know is, since it is obvious that there is probable unethical and illegal involvement at a high (for a little county) government level, should I go to a different county and pay a different atty. (not retain) just to get the original CCOM? Is that practical to do? Is it even possible?
Another county could not get involved - but an attorney there might decide to. If you can show some form of malfeasance, you MIGHT be able to convince the Attorney General's Office to intervene ... but that would take a LOT of proof. And unless your attorney is in that boat with you, I don't see that as a viable alternative.

And you can always hire an attorney from another county to come to yours.


Does a CCOM tape have to be given to the D.A. in the county that the "crime" was committed, or does the defendant have the right to get it directly from the CCOM source, via a subpoena or whatever, using a different atty. from a different county?
Anyone can request the tapes ... whether they can receive them depends on factors which none of us are privy to.

Again, what is the deal with these tapes?

- Carl
 
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