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Macgroupie

How long can the same people be involved in your case & is it worth raising as an issue?

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Maybe this is stupid, but here goes:

 

I had two prior County burglary cases prosecuted against me in 1993. Now, I have a murder case pending in same County. My murder charge arises now not because of actual evidence of my involvement in it, but because of the allegation that the physical description of the murder suspect is applicable to me. Of course, that same physical description also fits a large number of other people in the general public. It just so happens however, that the person directing the murder investigation happens to be a police officer who was involved in my two prior burglary cases and who testified against me in them at the time. It also happens that the prosecutor in my murder case is also now the same prosecutor who prosecuted me in those two cases back in 1993. One defense I am raising now is the argument is that the police officer was not impartial in his murder investigation, and if that police officer had not been in charge of the murder investigation, then I would not have been charged today based on the lack of actual evidence of my involvement. Back in '93, the prosecutor was also first-hand privy to a lot of background info about me from my PD regarding things such as my mental health. Now, this prosecutor is calling this prior PD as a witness against me in some manner in my murder case. So, all this old info is being dredged up in an attempt to probably use it out of context against me in some way, because the State's murder case is otherwise very weak. My questions are: what privilege do I now retain with respect to what was said or known between myself and my old PD, and then, is there any sort of conflict-of-interest issue with respect to the prosecutor now handling my murder case?

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15 hours ago, Macgroupie said:

One defense I am raising now is the argument is that the police officer was not impartial in his murder investigation, and if that police officer had not been in charge of the murder investigation, then I would not have been charged today based on the lack of actual evidence of my involvement.

 

That's not a viable defense.  You can argue at the time of trial that any testimony by this cop isn't credible because he's biased.  However, if the case against you is supported by probable cause, then it doesn't matter if the cop is biased (and, if the case isn't supported by probable cause, then you make a motion to dismiss).

 

 

15 hours ago, Macgroupie said:

what privilege do I now retain with respect to what was said or known between myself and my old PD

 

None.

 

 

15 hours ago, Macgroupie said:

is there any sort of conflict-of-interest issue with respect to the prosecutor now handling my murder case?

 

Nothing in your post suggests any conflict exists.

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Hi @Macgroupie

 

Thanks for posting! You raise some excellent questions in your post and it also looks like you've gotten some great direction from the legal community! As some posters have pointed out, there may not necessarily be a conflict with the previous prosecutor or police, but there may be a bias.

 

One issue that stood out is the prosecutor calling your previous attorney as a witness in this murder trial. Private communications between you and your former counsel remain privileged, and your attorney cannot be compelled to testify to private communications. That being said, if communications or information were disclosed to third parties, then the privilege was likely broken.

 

These are certainly issues you should discuss with your current public defender or criminal attorney. To meet with a criminal attorney for a free case evaluation, click here.

 

Best of luck and keep us posted!

The FindLaw.com Team 

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4 hours ago, pg1067 said:
19 hours ago, Macgroupie said:

what privilege do I now retain with respect to what was said or known between myself and my old PD,

 

None.

 

I completely misread your post, so my response above was incorrect.  The attorney-client privilege makes any confidential communications between you and your former attorney inadmissible and not subject to discovery.  That said, you asked about "what was . . . known between [your]self and [your] old PD."  I have no idea what that means, but facts are not privileged.

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