Posted by: kevinfortruth | July 19, 2011

Prosecutorial Misconduct – to say the least – should heads roll?


The “84” Internet searches that were performed on the Anthony computer became a critical part of the prosecution’s case.

Linda Drane Burdick used the number “84” over and over when questioning Cindy Anthony about the searches for chloroform. Burdick kept questioning Cindy in a most accusatory manner – badgering her over and over in an effort to break Cindy down so as to leave Casey as the only one who could have done the “84” searches – searches done to research ways to kill little Caylee.

I thought, at the time, that Burdick’s efforts were masterfully done and made perfect sense – until I read a post by one of my regular posters on this site.

John Man, a regular poster, posted a link to a New York Times article dated July 19th, 2011 that had to do specifically about the “84” internet searches.

I am really shocked by the article and I am seldom shocked by what I read.

In the article, the programmer who wrote the code that analyzes computer activity such as searches, keystrokes, and where a person navigates from link to link and whether search parameters are keyed in or whether they are from earlier searches. After looking further into the program after his initial testimony, he discovered an error in the code and reran the queries and immediately notified the prosecution that the original results were incorrect and in fact only one, not 84 searches for chloroform was done.

The prosecution and the sheriff’s office were notified by the chief software developer in an email in late June but the Prosecution NEVER notified the defense of the new information about the searches.

Maybe this revealing information to the Prosecution was one of the reasons why Jeff Ashton chose to “retire” after the jury announced their verdict.

As the New York Times article clearly states, prosecutors are required to reveal all information that is exculpatory to the defense.

Cheney Mason said that not releasing this additional information about the searches is outrageous.

I will go one step further – I believe the D. A. should step down because not only was the prosecution’s action regarding the searches outrageous, it was inappropriate, illegal, unethical, unprofessional, and immoral considering a “death penalty” was being considered.

By the way, Nancy Grace, and several other HLN investigative reporters still reference the “84” searches as part of the circumstantial evidence that the jury did not consider before arriving at their “not guilty” verdicts on the three major counts.

As John Man so eloquently said in his post, “I would be willing to wager it will not be mentioned on Nancy Grace’s show”.

UPDATE: While writing this post, I also am currently watching HLN and it is 1:30 PM and they just announced the information about the “84” searches – of course they did not go into detail about the prosecution hiding the corrected results. So, will Nancy “Twin Mom” Grace discuss this shocking information tonight? Don’t count on it!

Here is the link to the article: http://www.nytimes.com/2011/07/19/us/19casey.html?_r=1

Please, Please, Please, click on the link and come back and participate in the polls. This NY Times article and its revealing information is both damaging and damning of the prosecution.

Three polls are associated with this post – please participate.



Advertisements

Responses

  1. Interesting Jane, thanks for the info. I have said for quite a while that at the least she stretches the truth.

  2. Thanks Janel… I was worried that I needed to purchase some body armor and a shield. Joking. I am a little tougher than that. But seriously, thanks for the nice words. Casey is one of the most hated individuals thanks to Nancy Grace and HLN. Her actions from when Caylee went missing has turned America against her. The truth might never come out but the verdict is the veredict. I have no dog in this race – I just believe in our criminal justice system.

    Thanks again for commenting.

    • One can only hope Jane. Nancy has been out of control for years. She thinks she is still in a courtroom. She would never get away with her mouth in court. The Supreme Court of Georgia has clipped her wings more than once and she has had convictions overturned. She might say she has a perfect record but that does not count cases overeturned.

  3. kevinfortruth, I respectfully disagree with the Opinion You have about my Comments.
    I do know One Thing, My Husband and my Son served proudly in the Military like so many other Soldiers which fight for us to preserve our Freedom.
    We , in this Country have the Freedom to express our self and disagree with People who don’t share out Opinion.
    Freedom isn’t free! We All need to remember that, ask any Family which has lost a Family Member, may it be a Mother, Father Son or Daughter in a War fighting for our Freedom we take for the most Part for granted.
    It has been interesting to converse with You, at the same time no Reply from You is necessary.
    I do not wish to come back to this Site. I believe I have more important Matters to attend too. My Family for one.
    As for the Anthony Case and Casey Anthony, Life will go on even without
    this Drama,

    • Hilde; why did you need to play the “military card”? Unfortunately, it did not work with me because I served in the military honorably for over 20 years before retiring. I earned my share of medals as well but I do not flaunt them. This dialogue we are sharing has nothing to do with the military.

      If you took my reference to Mr. Bradley being a True American Hero, that was not intended to have any reference to the military at all. Amereican Heros come in all shapes and sizes – uniformed firemen on 9/11, a K-9 who alerts his family that their house is on fire and a girl scout who saves another child from drowning in a swimming pool.

      You are grasping at straws. And as far as visiting, I welcome any future visits you might make and if you choose to not visit again, so be it – YOUR choice.

      Also, regarding heroes, I respect whistleblowers who risk life and limb to bring criminal acts to the attention of the public. As great and wonderful our country is, it still does illegal and immoral things from time to time and whistleblowers might be the only way we will ever know when politicans and clandestine government agencies do things on our behalf that we do not want them doing in our name.

      All I am saying is that American Heroes do NOT ALWAYS wear military uniforms – although the military has given us many, many heroes and I celebrate all of them.

  4. kevinfortruth, You seem to judge other People if they don’t agree with You.
    You have Your right to Your Opinion and I have the Right to my Opinion.
    I do however not put You down because of it.

    • Hi Hilde; I absolutely did not PUT YOU DOWN because of your opinion. You were very black and white when you said “Besides it doesn’t change what Casey Anthony did and got away with”. – even though a jury of her peers, who was selected by the prosecution and the defense to delibereate and their verdict was NOT GUILTY. You are still accusing her of getting away with something. All I said is that we probably have the best legal system in the world, except maybe for Great Britain, and if that legal system is not good enough for you, you might want to relocate to another country where people are taken away during the night and executed.

      Also, I have stated over and over and over – that I believe Casey is/was guilty of something – probably involuntary manslaughter with aggravated circumstances but the zealous prosecution was not content with a charge that would have put her away for 20 – 30 years, they went for the jugular and the jury did not see it that way.

      I also said that if the jury returned a verdict you were happy with, you would be praising them – so if you do not get your way, you complain – even though the legal system worked – and that, Hilde is sour grapes.

    • By the way, Hilde, you are judging people – you are judging the jury because they are part of a fair legal system that heard both sides and they arrived at a verdict you do not agree with and you are judging them. By your accusatory statements about the Defense and their case you are judging them as well.

      As far as Ashton planning on retiring before the veredict, I read nothing about that before the trial but it makes sense – that is why he was so hell bent on First Degree Murder – it was an ego thing – he gambled with taxpayer money and bet the whole pot on First Degree Murder when the evidence was just not there.

  5. Great post! Thank you kevin.
    Obviously “some” still don’t get it. lol, Sure it’s fine to say it’s not important at this juncture but had this lie convicted Casey it would have been an automatic mistrial and both prosecutors would have been held accountable.
    I commend Mr. Bradley for coming forth with the truth. He has no dog in this fight except to say that someone misused his product and misrepresented the results of his software. Its about time someone exposed the PT as the liars they are.

    • Thank you jbmission. I am trying to take the side of justice whereever that leads. Because I do not kiss the posteriors of the people wearing white hats and riding in on white horses, I am the enemy, but as you stated, Mr Bradley represented the prosecution and when the defense computer witness took exception to the 84 searches, he went back and did due diligence, realized what was wrong with his program, fixed it, and reported it to Linda and the police – neither of which wanted to rectify the problem – the jury still had the 84 in their memory even though the defense took exception to it – basically it was a draw – i.e. Hatfields versue McCoys – and the prosecution was great with the draw – actually no, they took exception when the defense started expanding on the 84 searches.

      To me, the Prosecution was doing just like a dishonest cop does by putting down a “DROP GUN” after they shoot someone and saying he was armed and I was defending myself.

      Linda Drane Burdick will resign as she should. Why? When good people do bad things, they should take the sword like they do in Japan. That would be the honorable thing to do. Oh, but we are not in Japan, are we? How sad!!!!!

    • Also, jbmission, Bradley, when the opposing software witness ended up with different stats, decided to see which software was more accurate – he went back and compared notes – quickly realizing he had a glitch and he needed to fix it regardless of the trial – if not, everyone would buy the competing software – so he fixed his and acknowledged his error and advised the police and the prosecution and they did nothing. He was the witness for the prosecution – he was their baby and he cried wolf when he realized the prosecution was not going to admit the error or fix it. Kudos to Bradley. He is a true American Hero – he took the high road – ticking off millions of people – but still doing the right thing.

  6. It’s not uncommon for the defense and prosecution to try to get “bs and tricks” admitted into evidence as Bees Knees mentioned. It’s not uncommon at all for the judge in any courtroom to get a bellyful of both the defense and prosecution’s frustrating efforts. Several attorneys throughout the country will tell you it’s not a case till the judge threatens disciplinary actions for both sides.
    That said – the chloroform searches is so far out there that it absolutely crosses the line. Even if that had been the only time the prosecution’s decision making efforts had been called into question, for me, it’s a deal breaker. If you’ll remember, the defense tried to get into evidence two witnesses that were going to testify pictures of the skull weren’t taken until what little duct tape that was on it had been removed. Nick Savage and Erin Martin are FBI agents who say the photos that were admitted had been taken AFTER they removed the only strip of tape. They realized they didn’t have scaled photos, so they replaced the evidence (planted it) and then took photos that the prosecution entered into evidence.
    Honestly, I’ve always supported the death penalty – now, though? I’m definitely rethinking where I stand on this. There’s clearly more to this than we’ll ever know and I’m not willing to bet someone’s life on what I DON’T know.

    • Donna, thanks for the in depth post. I agree, dirty tricks was the name of the game. Why? Because the prosecution set the bar so HIGH, they had to implement trick after trick after trick to get the conviction they wanted. They probably could have gotten a conviction easily on a middle of the road charge but they were greedy and wanted to make a name for themselves in what Queen Nancy “Twin MOM” disGrace and Jane “Miss off the charts excited” Velez-Mitchell called the trial of the century. ….and if Jeff was planning on retiring even before the verdict, he wanted to go out on a high note even if he had to stoop low to do it. I still believe his laughter at Baez during BOTH opening remarks and especially closing arguements TURNED THE JURY – and rightly so.

      The prosecution GAMBLED with taxpayer money and LOST. They also tried dealing from the bottom of the deck and a computer programmer caught them with their hands in the cookie jar.

  7. I’m somewhat shocked by the 2 above comments implying this was some sort of defense ploy. reminds me of the old adage “There are none so blind as those, that will not see”. the same mentality that seems to drive partisan politics.
    Look i am far from a casey supporter, but i do appreciate the truth. (wow never thought i would use casey and truth in same sentance) . The software developer that notified them of the error is to be admired.
    Sorry to continue but the 84 searches was the foundation for the first degree premediation charge,, okay they thought this at first but then the truth surfaces just cannot be justified that they did not reveal it.

    • John Man, I owe you one for bringing the NY Times article to this blogsite. It opened the door to meaningful dialogue. Thanks again. What is amazing is that a few commentors here are saying that this is a defense move – Bradley was a witness for the prosecution. Bradley is an honorable man – many programmers – client-server or mainframe do not like admitting errors and will jump through hoops to skirt acknowledging they are human. Kudos to Bradley. But, he will probably get death threats for coming forward and some companies might not buy his software, but anyone wanting good software to evaluate computer usage should RUN TO his company and buy his code.

      • you are most welcome, i am pleased to haved shared that with someone who cares about justice

  8. More crap spun by the defense. Check your dates dude. This WAS discussed on the stnd. When Mason & Baez are sued for defamation of character an disbarred will be the day the prosecution tam should have to worry. She’s still a killer, no matter how ofter she searched it.

    • The “crap” as you so eloquently call it, Mr. (or Mrs.) Guest, is what Linda Drane Burdick was trying to peddle. The programmer himself, after hearing the testimony of the defense witness who talked about the searches, went back and analyzed “his” code and made the appropriate changes to fix the error.

      You are so blind to the prosecutions case you cannot see that Linda Burdick committed prosecutorial misconduct because the programmer wrote the prosecution and the sheriff and told them of the error and that the count was actually “1” and not “84”. Also, I am not a DUDE. I am a man who is concerned with justice being served. So, you, like Nancy Grace, cannot accept the verdict rendered by a jury of Casey Anthony’s peers?

      Again, watch HLN – they just did an extensive segment on the programmer – it is too bad that the people who worship white horses cannot see the forest for the trees. When Linda Burdick or even the D. A. steps down, please stop back by and leave a comment.

    • Also, NO, the defense witness said there was only one search and they took exception to the prosecution witness but Linda Burdick kept going with 84 – even though she knew the truth. Read the NY Times article again – and YOU check the dates.

      • Also, Guest, I have said repeatedly that I personally believe that Casey committed a crime – one beyond lying – I believe that she should have been found guilty of at least something relating to child neglect and possibly involuntary manslaughter and that if I were on the jury I would have been hard pressed to take my opinion and vote for a conviction because the evidence does not even support my opinion. Our legal system requires that a guilty verdict be rendered when the evidence – either direct or circumstantial – points to that person BEYOND A REASONABLE DOUBT.

  9. The deplorable behaviour of the toxic defense team is what is outrageous not the wrong number of computer searches for chloroform! In comparison with all the endless BS, lies, tricks etc of baez and team, anything the state did pales drastically in comparison. Plenty, plenty, plenty of other highly questionable behaviour to analyze in this stinking rotten case. This crap is small potatoes when you look at the bigger dirtier picture where the baby killer literally got away with murder. I couldn’t care less that the State had the wrong number of searches. I can’t even believe I’m responding to this question. For 99.9% of the time the State was stellar in the way they handled all of it. They deserve bloody medals!!! IMO.

    • Whether the prosecution’s actions regarding the searches “pales” by comparison or not is not the issue. The defense is not claiming this, the senior programmer is the one who came forward and NOTIFIED the sheriff and the prosecution and they did not notify the defense.

      We need to get out of the mindset that the prosecution ALWAYS wears white hats and rides in on white horses – they can be and are at times unethical in what they say and what they do to get a conviction.

      It is not they the number was WRONG, it was a LIE and they beat that number to death. You responded to this question – no one forced you to respond. And as far as stellar in how the prosecution handled themselves – when Jeff Ashton chose to publicly laugh at Baez during opening remarks as well as closing arguements, he showed how UNPROFESSIONAL he was and the jury acted on his tacky mannerisms. He couldn’t even admit he was laughing – what a loser – it is no wonder he resigned after the verdict.

      And if they got a first degree murder conviction – the medals they would have been “AWARDED” would have been based on lies and would have had BLOOD on them and it would have resulted in a mistrial and the prosecution would have looked like BLOOMING idiots more than the professionals you claim that they are. IMHO.

    • Bees, I agree with You 100 %
      The Killer was found not guilty, what’s the Problem?
      The Defense did unspeakable Things in this Trial, most of them if not All of them were outright Lies to get their Client free.
      Ashton already planned on retiring before he started this Case, not because of it.
      Besides it doesn’t change what Casey Anthony did and got away with.

      • That is all sour grapes – the jury, which was selected by both the prosecution and the defense evaluated everything and made the best decision they could based on the testimony and the evidence. If you cannot live with the best legal system on the planet you might need to go to another country where people are dragged away in the night and executed.

        If the jury found her guilty of First Degree Murder, you would be praising the jury because they agreed with YOU.

        The issue of the 84 searches was NOT brought up by the defense, it was brought up by the witness for the Prosecution. read the newspaper article again.


Comments appreciated

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

%d bloggers like this: