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Scott Hechinger
@ScottHech
, 3 tweets, 1 min read Read on Twitter
.@NYDailyNews rejects DA scare tactics: “An enduring shame of NY is laws let prosecutors hide evidence until trial. The 98% of defendants who plead guilty do so w/ little knowledge of the case against them. An offense to fundamental American principles.” nydailynews.com/opinion/ny-edi…
Proposed legislation already addresses prosecutor claimed concerns: “To answer prosecutors’ fears that new rules will enable rampant intimidation of witnesses, prosecutors would be able to demonstrate potential harm & petition a judge to allow them to withhold certain evidence.”
Daily News ends by telling NY prosecutors literally to put up or shut up: “If the DAs have specific legislative language to modify the legislation, let’s see it. But the time has come to level the legal playing field.”
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More from @ScottHech see all

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Scott Hechinger
@ScottHech
Today, TX prosecutors schooled NY prosecutors on basic fairness.

NY DAs: Discovery reform must be blocked bc of witness safety!

TX *special victims* DAs: "After 5 years of reform, there hasn’t been any increased security concern for witnesses or victims."at.law.com/wcfa9c?cmp=sha…
"Having served as special victims prosecutors in TX, it is our strong belief that open & transparent discovery is in the interest of the entire justice community, from prosecutors & police to accused. Reform brings speedier dispositions of cases & earlier closure for victims."
"Every day, open discovery helps restore Texans’ faith in our criminal justice system. We are proud that Texas prosecutors, regardless of party affiliation, have embraced this reform as the foundation of equal justice & authentic due process."
Read 4 tweets
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Scott Hechinger
@ScottHech
I’m enraged. We’re so close to passing common sense, long overdue reform *already adopted & working in rest of the country.* Then last minute, NY prosecutors waltz in w/ the same old, tired scare tactics DEBUNKED by prosecutors & experience nationwide, & NY lawmakers now hedging.
People keep asking me how it’s possible that NY still has the worst evidence laws in country. Laws which deny defendants access to all information until day of trial. “It doesn’t make sense.” The answer is simple: NY prosectors & their cynical desire to win at all costs.
Serious question: When will lawmakers stop listening to prosecutors at expense of every one else, including nationwide prosecutors? Can’t trust bailbondsmen on bail policy. Can’t trust private prisons on jail. Why trust DAs in state w/ 2d highest rate of wrongful convictions?
Read 11 tweets
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Scott Hechinger
@ScottHech
NY prosecutors: We can’t possibly turn over information to people accused of crimes bc, um, PUBLIC SAFETY!

NC Prosecutor: “I’ve never withheld my case file from the defense bc of what it might show. If I did, I’d question whether or not I should be prosecuting the case at all.”
NY prosecutors: If turn over witness info, blood will run through the streets! Victim safety will be compromised!

Louisiana prosecutor: “It’s a right defendants have that info. It’s in the Constitution for goodness’ sake! They have to defend themselves.”
NY prosecutors: We’ll disclose info when we have to. NY law says on day of trial. We’re just following the law.

TX prosecutor: We open our files to defendants early. “For someone to truly be able to represent their client they need to see everything.”
Read 4 tweets

Related threads

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Campaign
@realnews1234
This all started because the #MetPolice & #LBRUT couldn't do their day jobs properly & decided to take the law into their own hands. It started as a small cover up 12 years ago but has turned into British State Persecution.

#Skynews #BBCNews #DailyMail #Guardian #Euronews
My company was raided. It should have been a straightforward matter. But the #MetPolice & #LBRUT forgot to seize my computer & came back to do a 2nd raid. The search warrant didn't permit a second entry, however, #LBRUT entered unlawfully

#Guardian #Telegraph #DailyMail #GMB #UK
Complaints were then made to my MP #VinceCable. He liaised with the #Metpolice & #LBRUT. And then weeks later, the search warrant was completely changed & was passed off as the search warrant executed on the day of the raids.

#DailyPolitics #Libdems #Conservatives #labour #bbcdp
Read 147 tweets
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Penelope Gibbs
@PenelopeGibbs2
This tale of injustice is caused by a judge's prejudice against a defendant & her child. Thanks to @F_E_Smith (anonymous like @barristersecret) for drawing attention. I'm not going to name the judge because I'm against naming & shaming individuals - the problem is system
Credit to 3rblaw.com/barrister/mich… for appealing this case which rested on the poor behaviour of the judge leading to an unfair trial. Case was against the partner of a prisoner for smuggling items into prison.She pleaded guilty to smuggling a sim card but denied bringing in drugs
She has two children aged 3 & 14 for whom she was a full time carer at the time of her trial & had been granted bail. In April she was found guilty of all charges & imprisoned fr 18 months. In Sep her conviction was set aside by the CoA due to the unfairness of the original trial
Read 14 tweets
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Just Live With It
@bbc_thismorning
This all started because the #MetPolice & #LBRUT couldn't do their jobs properly & then decided to take the law into their own hands. The result of this decision has led to events stranger than fiction

#BBCNews #Skynews #Itvnews #Channel4News #ThisMorning #TheresaMay #UKGov #LBC
My company was raided. It should have been a straightforward matter. But the #MetPolice & #LBRUT forgot to seize my computer & came back to do a 2nd raid. The search warrant didn't permit a second entry, however, #LBRUT entered unlawfully

#Guardian #Telegraph #DailyMail #GMB #UK
Complaints were then made to my MP #VinceCable. He liaised with the #Metpolice & #LBRUT. And then weeks later, the search warrant was completely changed & was passed off as the search warrant executed on the day of the raids.

#DailyPolitics #Libdems #Conservatives #labour #bbcdp
Read 145 tweets
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Renato Mariotti
@renato_mariotti
1/ We haven’t seen the plea agreement yet, but the new charges against Manafort indicate that a benefit to Manafort in the plea deal will be that his sentence is capped at ten years because he is pleading to two counts with a maximum sentence of five years each.
2/ It is normal for federal prosecutors to allow defendants to plead guilty to fewer counts, which caps their sentence, as long as the cap is higher than the Federal Sentencing Guidelines range.

The Guidelines are advisory, but DOJ policy is to recommend a Guidelines sentence.
3/ DOJ occasionally recommends a sentence above the Guidelines, but that is rare. Typically sentences are at or below the Guidelines range.

We haven’t seen the Guidelines calculation (it will be in the plea agreement) but I would be surprised if it’s over ten years.
Read 9 tweets
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Renato Mariotti
@renato_mariotti
THREAD: What can we make of the first day of the Manafort trial?
1/ The Manafort trial began today with jury selection and opening statements. No one knows exactly how long the trial will last—that depends on the length of witness testimony. But I expect the trial to last at least two to three weeks, given the number of witnesses involved.
2/ The fact that Manafort hasn’t pleaded guilty yet means that he likely won’t. Defendants sometimes plead guilty during a trial—I’ve seen it happen before—but they lose credit at sentencing for entering a “timely plea” of guilty before the government prepares for trial.
Read 27 tweets
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Anil Kalhan
@kalhan
Really good, insightful reporting. "The case demonstrates how the zero-tolerance policy can undermine defendants’ due process rights—since it creates incentives for defendants to plead guilty, when they may be able to successfully fight their charges [by going to trial]."
"It also demonstrates the ways in which the prosecutions strain court time and resources."
Border Patrol agent testifies that defendant was held in custody for ten minutes before being read his Miranda rights—but dispatch tapes show that he was held for *hours*.
Read 3 tweets

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