Will Sirhan get a New Trial?

[Jim DiEugenio]

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.

[Magda Hassan]

Oh, I do hope so. His lawyers were dreadful. Never had a chance before. A new trial is definitely needed.

[Bernice Moore]

http://www.sacbee.com/2011/08/03/3804973...rnias.html

The Buzz: Sirhan Sirhan file now available at California State Archives

[Bernice Moore]

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

[Albert Doyle]

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.

[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
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.