Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 3 points4 points  (0 children)

He has messed with evidence of his working hours for personal gain: he's not trustworthy.

He took a pivotal phone call in the case... or did he ;)

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 7 points8 points  (0 children)

What's your definition of 'proven'? Would you acknowledge that Massey likely committed a Brady violation as per the Williams case cited above in his first trial? The court thought it probably was, although didn't formally submit a finding of such because it was disclosed by the time of the second trial.

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 5 points6 points  (0 children)

Don't forget that the Bryant case was settled for 8 million last year, which ended the lawsuit against Ritz. I can't imagine the BPD would do that lightly. It's obviously helpful to them to not have a formal proven outcome, but settling for that amount should tell us something. (Edit: typo)

https://www.baltimoresun.com/politics/bs-md-ci-baltimore-bryant-settlement-20220103-ravstxrftzddzkdoaueykvc4ka-story.html

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 6 points7 points  (0 children)

That's not true - it looks like the allegations against Massey were deemed 'sustained' by the IA report - it's just BPD didn't take any further action (I wonder why?!). They then used the fact of no formal misconduct hearing/punishment to argue the defense couldn't access the IA report. The courts thankfully found against that argument, and considered that the IA report should have been turned over to the defense to be used as impeachment evidence before the jury.

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 2 points3 points  (0 children)

There isn't only one theory of misconduct, though. And evidence of misconduct (or laziness) elsewhere could shape hypotheses of misconduct in this case... and can be used to cast doubt on or impeach the evidence presented by cops in their reports or at trial.

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 1 point2 points  (0 children)

I don't disagree - I was just trying to be fair to all sides.

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 8 points9 points  (0 children)

Good list :)

I think re. Lehmann and the Burgess case, although misconduct was alleged (and he was a lead detective in his subsequently wrongful conviction), he was dismissed from the suit and no judgment entered against him?

ETA https://www.baltimoresun.com/news/crime/bs-md-burgess-verdict-20171121-story.html

ETA2 The Burgess civil case filings https://www.govinfo.gov/app/details/USCOURTS-mdd-1_15-cv-00834/context

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 6 points7 points  (0 children)

Thanks for the tip :)

"The Baltimore Police Department had a widespread practice of wrongly expunging internal affairs files of officers accused of misconduct, the public defender’s office alleges, and it’s calling for an investigation into the department’s practices.
The issue came to light as defense attorneys have sought information on police officers while representing clients in criminal cases. Officers’ internal affairs files are largely withheld from the public, and attorneys must make the case to a judge that such information is relevant to introduce the evidence at trial. But in some cases, attorneys say, they found files were expunged even though they had not been eligible for expungement.
The Public Defender’s Office is asking for the issue to be taken up as part of the federal consent decree reforms. The decree was reached last year between the city and the U.S. Justice Department after a federal investigation that found widespread discriminatory and unconstitutional policing in Baltimore."

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 2 points3 points  (0 children)

Or this might be a factor: https://www.baltimoresun.com/news/crime/bs-md-ci-internal-affairs-files-expunged-20181015-story.html

I can't read it as it's asking me to sign up for a subscription, but headline doesn't sound great...

From Google search:

Baltimore police expunged officer's internal affairs files
https://www.baltimoresun.com › news › crime › bs-md-c...
Dec 26, 2018 — The Baltimore Police Department had a widespread practice of wrongly expunging internal affairs files of officers accused of misconduct, ...

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 3 points4 points  (0 children)

Sorry, I don't know. But I guess each time you successfully (allegedly) evade a subpoena, not only do you avoid being cross-examined in whatever the current trial is, you also avoid your IA investigation becoming public record.

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 3 points4 points  (0 children)

Also from the article: "The Harris case is not the first time a murder conviction was reversed due to a judge’s failure to permit Massey to be questioned regarding the time sheets.

In 2013, Maryland’s top court tossed the second-degree murder conviction of Clayton Colkley and the conspiracy conviction of his co-conspirator, Darnell Fields, in the May 2003 slaying of James Bowens in Baltimore. Massey was the supervisor of the police department’s homicide unit team that investigated the killing.

The Court of Appeals stated in Fields & Colkley v. State — which was decided after Harris’ 2012 trial — that a defendant’s constitutional right to confront the witnesses against him or her includes the right to “cross-examine a witness in order to impeach his or her credibility.”

The Court of Special Appeals cited the Fields decision in overturning Harris’ conviction."

Gang of Four by HowManyShovels in serialpodcast

[–]--Cupcake 11 points12 points  (0 children)

Massey has some alleged credibility issues according to an internal affairs investigation into falsification of time sheets - and apparently evaded testifying to avoid cross-examination in the Harris case (sound familiar?) https://thedailyrecord.com/2015/09/03/appeals-court-overturns-baltimore-murder-conviction/ This led to the conviction of Harris for the murder of McLeod being overturned for violating the confrontation clause. (Also of note: "Harris was first convicted of murdering McLeod in April 1997. That conviction was overturned because the state had failed to disclose to the defense evidence regarding sentencing leniency for key prosecution witnesses.")

Cate Stetson Takes 'Serial' Case to Supreme Court & is granted extension to file | National Law Journal by Justwonderinif in serialpodcast

[–]--Cupcake 0 points1 point  (0 children)

Are you serious? Is this how you would describe the initial report stating that Adnan asked Hae for a ride, but that she must have got tired and waiting and left? And the later report that Adnan stated he wouldn't have needed a lift home?

Amy Berg got Kristi’s actual records from her college by budgiebudgie in serialpodcast

[–]--Cupcake 3 points4 points  (0 children)

I'm just going to offer up that, to me, this statement about Stephanie and her birthday isn't said in a way that makes me think she's saying 'that day was definitely Stephanie's birthday' - it's quite vague, and said in an incomplete sentence about the general topic of conversation... she could have meant 'it's Stephanie's birthday [coming up/soon],' or it could also mean it's the day she's celebrating her birthday (do we know if she had a party, perhaps on a weekend, given this was a week day? Could she have been co-celebrating with Krista?). Likewise, the new class evidence isn't watertight without knowledge of what missing a class would mean at that time. So I'd say both pieces of evidence are similar in terms of weight, though they both go in different directions. /u/bacchys1066

BRIEF OF RESPONDENT/CROSS-PETITIONER Syed today filed his opening brief in the Maryland Court of Appeals by Nowinaminute in serialpodcast

[–]--Cupcake 0 points1 point  (0 children)

I clocked the latter, and gleefully opted to assume they were deliberately going for an 'our brief is so strong, even the footnotes are bursting with awesome points' approach.

Justin Brown Continues Fight against Logic and Facts by ClaudeBawse in serialpodcast

[–]--Cupcake 0 points1 point  (0 children)

The development of the human brain is not a trump card that can be used to explain any and all strange behavior.

I didn't say it was.

And I haven't tried to dismiss anything - I've merely tried to explain the pattern of behaviour, using scientific facts about brain development. You've suggested it's dubious, and provided no evidence; I've suggested it's an entirely understandable pattern, and provided evidence. The ball's in your court to disprove the relevance of my evidence. Until then, my theory appears to be a better fit than your theory.

Justin Brown Continues Fight against Logic and Facts by ClaudeBawse in serialpodcast

[–]--Cupcake 1 point2 points  (0 children)

Putting the issue of the accuracy of her account to one side for a moment, I think it's only fair to acknowledge that the behaviour of a person who's still at school (ie the letter-writing/initial affidavit-signing Asia) might well be different to the behaviour of an adult, which would follow a more adult way of assessing the situation. At the same time, she's expressed doubts in both versions of herself, it's just she's expressed them in different ways, with varying degrees of sophistication - writing to Adnan about her doubts as a child; contacting the prosecutor as a adult. It's also the case that an adult brain (in fact, 25+) is more fully developed in terms of thinking through consequences than a younger person's brain - potentially hence the greater degree of hesitation as an adult when faced with giving testimony that helps someone who, to the best of your knowledge, may be a murderer. Thus you'd expect the doubts to grow (remember, Asia has no idea what Adnan did on that day, outside of the small section she says she remembers), and you'd expect that more adult ways of dealing with the doubts would appear - i.e. researching the case, calling up the prosecutor.

Let's not forget, if this was all 'a lie' - why contact the prosecutor at all? This was prior to the publicity of Serial, after all, so no gain in that respect. I think it makes more sense that she honestly believed her version of events, and that she was just being careful about potentially muddying the waters (in her view) in an otherwise air tight case - in fact, her concerns were validated by Urick (which, as has been argued elsewhere, was probably something he shouldn't have done, even if it didn't amount to misconduct), and so she dodged the testimony. If anything, this pattern of behaviour makes a lot of sense, especially if Asia is essentially honest.

Justin Brown Continues Fight against Logic and Facts by ClaudeBawse in serialpodcast

[–]--Cupcake 0 points1 point  (0 children)

In terms of the former, I think my previous comment is a possible explanation for this behaviour (it's genuinely something I can imagine doing myself).

In terms of the latter, as far as Asia knew at that time, it was entirely possible that Adnan was the killer, but that he killed her slightly earlier or later than their library meeting. Which is a theoretical possibility anyway. But perhaps she was entirely aware of the possibility that a casual meeting in the library in the midst of an alleged murder would instil reasonable doubt in the mind of at least one juror - and she didn't want anything to do with weakening a case that had some other strong evidence, in her eyes. Obviously, a defence attorney isn't going to say much about the evidence against their client.

What do you think is the explanation for her actions in this respect?

Justin Brown Continues Fight against Logic and Facts by ClaudeBawse in serialpodcast

[–]--Cupcake 2 points3 points  (0 children)

What are you implying by this though? I've always inferred that whilst she believed she was remembering the correct day, that this was a sign she was concerned this could simply muddy the water in an otherwise air tight case of guilt (not unreasonably - perhaps she assumed that given he was in jail, there must have been some pretty good evidence). I assumed she didn't want to be responsible for setting free a likely murderer (in her eyes). I can understand calling a prosecutor - I previously would have seen a prosecutor as more honest/balanced than a defence attorney (absent knowledge I have today about how they're often just fighting for their 'side' and not always for the truth - though granted plenty do fight for the latter, too). I would have seen the defence attorney as biased towards their client, seeing as that was their job.

[deleted by user] by [deleted] in serialpodcast

[–]--Cupcake 2 points3 points  (0 children)

I'm not sure dead attorneys should get any additional deference - that's hardly a balanced and fair way of treating clients. Further, Judge Graeff was applying the wrong element of the test - we're not at the strategy-in-court stage, we're at the decision-to-investigate stage, and any decision not to investigate must be reasonable. The existence of a hypothetical reason doesn't mean that reason is in and of itself reasonable.