Kenneth Rijock

Kenneth Rijock

Wednesday, September 2, 2020

DISMISSAL DUE TO BRADY VIOLATIONS DOES NOT APPLY IN KARIMI CASE

Perhaps I did not make myself crystal clear; BAHRAM KARIMI, Ali Sadr Hasheminejad's co-defendant, does NOT deserve to have all his charges dismissed on Brady grounds. Allow me to state the reasons why:

(1) Brady vs. Maryland stands for the proposition that the Government may not withhold information that may be material to either guilt or sentencing. Serious violations can result in a dismissal of all charges by the Court.

(2) The theory is that the defendant is being denied an effective defense at trial when evidence that could exonorate him is not furnished pursuant to Discovery rules.

(3) But in this case, the defendant just happens to NOT be in custody. He's a resident of Canada, and he has not been subject to extradition proceedings, nor is he in custody or detention by Canadian authorities. Check the docket if you don't believe me.

(4) Inasmuch as Brady requires the Government to turn over the exculpatory defense to the defendant's counsel, or the defendant if he is Pro Se, how on earth can be this be accomplished regarding Bahram Karimi, whom the Court dies not have personal jurisdiction upon ? Brady deals with trial preparation, and the Karimi case has not yet begun. He simply cannot benefit, as he has not been damaged from  a failure to receive discovery.

(5) Now, please explain to me how the Brady violations committed in Ali Sadr's case can be used to dismiss Karimi's charges ? It raises the questionL did Karimi implicate a major new defendant and this subterfuge is being used to confuse and deceive the target, so he does not flee prior to being taken into custody ?

A final note: if this case is over (a proposed order on Karimi has been furnished by the Government) why do we see a Sealed filing on September 2 ? Is there a sealed indictment against other parties defendant already ? Stay tuned.

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