Sunday, April 16, 2006

Public Discovery - Abramoff Emails

How many times does defense counsel complain that the government is failing to release discovery material?  And now we are seeing a different sought of response.  A defendant arguing that the public release of discovery is a pressure to obtain a plea.  According to the Washington Post here the government released emails between David Safavian and Jack Abramoff concerning Abramoff's dealings. 

These past few years we have seen a continual use of emails in criminal cases. In one case the email was used as a basis of an obstruction of justice count.  In other cases emails have been evidence to support statements of a witness.  And in some cases the contents of the emails are incriminating the defendant. What happens when a generation of individuals who were not raised on email traffic are suddenly thrust into this new age? 

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2006/04/public_discover.html

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