Kenneth Rijock

Kenneth Rijock

Thursday, April 23, 2020

IS ALI SADR'S POSITION THAT THERE WERE BRADY VIOLATIONS AT HIS TRIAL BOGUS ?



While the attorneys for the convicted Iranian banker, Ali Sadr Hasheminejad, who obviously intend to try to set aside the guilty jury verdict and obtain a new trial on the grounds that there were Brady violations, a letter from the US Attorney's Office indicates that some of the evidence allegedly not timely produced may be exempt from disclosure under Discovery rules and decisions. Are they not discoverable ? The US Attorney and Department of Justice policies both say no.

 The footnote states that the Discovery consists of two 302s, FD-302, the report form used by the Federal Bureau of Investigation for summaries of interviews. Whether the Court agrees that they are not subject to discovery may be a central issue, as they are not verbatim statements of witnesses, to be precise. See United States vs. Collins, 409 F.Supp 3d 228 (SDNY 2019) for the most recent decision I could find on the issue.

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