Will Sirhan get a New Trial?

[Phil Dragoo]

Jim posts a link to a killer case:

http://www.ctka.net/2011/pdf/SIRHAN-OPPO...ISMISS.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
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8 ARGUMENT 6
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10 I. THE PETITION NEED NOT BE DISMISSED AS UNTIMELY

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BECAUSE THE PREDICATE STATE COURT DECISION UPON

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WHICH RESPONDENT ARGUES THAT PETITION IS NOT

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TIMELY DID NOT REST ON ADEQUATE OR INDEPENDENT

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STATE GROUNDS AND IS THEREFORE SUBJECT TO REVIEW

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IN FEDERAL COURT 6

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17 II. THIS COURT HAS SUBJECT-MATTER JURISDICTION OVER
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PETITIONER'S CLAIMS BECAUSE THE PETITIONER'S

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ALLEGATIONS OF CONSTITUTIONAL ERROR ARE

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COGNIZABLE ON HABEAS REVIEW UNDER THE "ACTUAL

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INNOCENCE" STANDARD 20

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23 III. PETITIONER HAS SUFFICIETLY ALLEGED ACTUAL
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INNOCENCE BECAUSE THE NEW EVIDENCE AND

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CONSTITUTIONAL ERRORS ESTABLISH IT IS MORE LIKELY

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THAN NOT THAT NO REASONABLE JUROR WOULD CONVICT

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HIM 23

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29 A.THE STATE'S FAILURE TO DISCLOSE EXCULPATORY
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BALLISTICS AND AUTOPSY EVIDENCE VIOLATED

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PETITIONER'S RIGHT TO DUE PROCESS UNDER

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BRADY 25

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34 B. PETITIONER WAS DENIED EFFECTIVE ASSISTANCE
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OF COUNSEL BECAUSE COUNSEL FAILED TO

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INVESTIGATE OTHER POSSIBLE DEFENSES, COUNSEL

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STIPULATED TO THE AUTHENTICITY OF THE

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BALLISTICS EVIDENCE THE STATE OFFERED, AND

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BECAUSE COUNSEL FAILED TO MOVE FOR A

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MISTRIAL AND/OR CONTINUANCE ONCE THE AUTOPSY

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REPORT WAS DISCLOSED 31

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43 C. THE CUMULATIVE EFFECT OF THESE
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CONSTITUTIONAL ERRORS IS THAT THERE IS NOT

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ONLY A REASONABLE PROBABILITY THAT, BUT FOR

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THE CONSTITUTIONAL VIOLATIONS, THE OUTCOME

[size=12]ii
[/SIZE]1

OF PETITIONER'S TRIAL WOULD HAVE BEEN

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DIFFERENT, BUT ALSO THAT IT IS MORE LIKELY

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THAN NOT THAT NO REASONABLE JUROR WOULD HAVE

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CONVICTED PETITIONER IN LIGHT OF THE NEW

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EVIDENCE 41

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7 CONCLUSION

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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.