Will Sirhan get a New Trial? - Printable Version +- Deep Politics Forum (https://deeppoliticsforum.com/fora) +-- Forum: Deep Politics Forum (https://deeppoliticsforum.com/fora/forum-1.html) +--- Forum: Political Assassinations (https://deeppoliticsforum.com/fora/forum-4.html) +--- Thread: Will Sirhan get a New Trial? (/thread-6414.html) |
Will Sirhan get a New Trial? - Jim DiEugenio - 17-05-2011 http://www.ctka.net/2011/sirhan_new_trial.html I just read the DUsek/Pepper filing for a new trial. AN impressive document and very soundly reasoned. If Sirhan gets a new trial, he will be acquitted based on this evidence. I really truly wish there would be a mock trial on this to expose hte public to the mockery of justice Sirhan had at his first trial. Will Sirhan get a New Trial? - Magda Hassan - 17-05-2011 Oh, I do hope so. His lawyers were dreadful. Never had a chance before. A new trial is definitely needed. Will Sirhan get a New Trial? - Bernice Moore - 03-08-2011 http://www.sacbee.com/2011/08/03/3804973/the-buzz-veterans-of-californias.html The Buzz: Sirhan Sirhan file now available at California State Archives Will Sirhan get a New Trial? - Bernice Moore - 03-08-2011 For some unknown reason, i am clicking, the new post the siran collection being available, but jim's post about a new trial keeps coming up...?????????????b Will Sirhan get a New Trial? - Albert Doyle - 18-08-2011 The California public needs to agitate on this and say the California Parole Board is not reflecting their will or even justice on this matter. Will Sirhan get a New Trial? - Phil Dragoo - 19-08-2011 Jim posts a link to a killer case: http://www.ctka.net/2011/pdf/SIRHAN-OPPOSITION-MTDISMISS.pdf Succinctly stated at the outset, it is the take-away from all of us having read the Christian-Turner, Klaber-Melanson, Shane O'Sullivan recounting of the infamous framing of the hypnoprogrammed patsy despite the inconvenient fact he was not in position to fire the shots which killed the candidate. PRELIMINARY STATEMENT 4
7 8 ARGUMENT 6 9 10 I. THE PETITION NEED NOT BE DISMISSED AS UNTIMELY 11 BECAUSE THE PREDICATE STATE COURT DECISION UPON
12
WHICH RESPONDENT ARGUES THAT PETITION IS NOT
13
TIMELY DID NOT REST ON ADEQUATE OR INDEPENDENT
14
STATE GROUNDS AND IS THEREFORE SUBJECT TO REVIEW
15
IN FEDERAL COURT 6
16
17 II. THIS COURT HAS SUBJECT-MATTER JURISDICTION OVER 18 PETITIONER'S CLAIMS BECAUSE THE PETITIONER'S
19
ALLEGATIONS OF CONSTITUTIONAL ERROR ARE
20
COGNIZABLE ON HABEAS REVIEW UNDER THE "ACTUAL
21
INNOCENCE" STANDARD 20
22
23 III. PETITIONER HAS SUFFICIETLY ALLEGED ACTUAL 24 INNOCENCE BECAUSE THE NEW EVIDENCE AND
25
CONSTITUTIONAL ERRORS ESTABLISH IT IS MORE LIKELY
26
THAN NOT THAT NO REASONABLE JUROR WOULD CONVICT
27
HIM 23
28
29 A.THE STATE'S FAILURE TO DISCLOSE EXCULPATORY 30 BALLISTICS AND AUTOPSY EVIDENCE VIOLATED
31
PETITIONER'S RIGHT TO DUE PROCESS UNDER
32
BRADY 25
33
34 B. PETITIONER WAS DENIED EFFECTIVE ASSISTANCE 35 OF COUNSEL BECAUSE COUNSEL FAILED TO
36
INVESTIGATE OTHER POSSIBLE DEFENSES, COUNSEL
37
STIPULATED TO THE AUTHENTICITY OF THE
38
BALLISTICS EVIDENCE THE STATE OFFERED, AND
39
BECAUSE COUNSEL FAILED TO MOVE FOR A
40
MISTRIAL AND/OR CONTINUANCE ONCE THE AUTOPSY
41
REPORT WAS DISCLOSED 31
42
43 C. THE CUMULATIVE EFFECT OF THESE 44 CONSTITUTIONAL ERRORS IS THAT THERE IS NOT
45
ONLY A REASONABLE PROBABILITY THAT, BUT FOR
46
THE CONSTITUTIONAL VIOLATIONS, THE OUTCOME
[size=12]ii
[/SIZE]1 OF PETITIONER'S TRIAL WOULD HAVE BEEN
2
DIFFERENT, BUT ALSO THAT IT IS MORE LIKELY
3
THAN NOT THAT NO REASONABLE JUROR WOULD HAVE
4
CONVICTED PETITIONER IN LIGHT OF THE NEW
5
EVIDENCE 41
6
7 CONCLUSION[ATTACH=CONFIG]2892[/ATTACH] Michael Calder (JFK v CIA, 2000) identified this Jerry Bruno operative who directed the candidate to the pantry. The video of him coolly stopping by RFK on the gurney to appraise the damage, then walk on, is in high contrast to the emotional--near hysterical--reaction of virtually all. Noguchi and VanPraag, Pena and Hernandez, the prepared patsy--deja vu all over again. |