REOPENKENNEDYCASE
Would you like to react to this message? Create an account in a few clicks or log in to continue.
ROKC IS NOW CLOSED AND IS READ ONLY. WE THANK THOSE WHO HAVE SUPPORTED US OVER THE LAST 14 YEARS.


Search
Display results as :
Advanced Search
Latest topics
last drinks before the bar closesSat 30 Dec 2023, 2:46 pmTony Krome
The Mystery of Dirk Thomas KunertSat 30 Dec 2023, 1:23 pmTony Krome
Vickie AdamsSat 30 Dec 2023, 1:14 pmgreg_parker
Busted again: Tex ItaliaSat 30 Dec 2023, 9:22 amEd.Ledoux
The Raleigh CallSat 30 Dec 2023, 4:33 ambarto
Was Oswald ever confronted with the physical rifle?Sat 30 Dec 2023, 12:03 amCastroSimp
Who Dat? Fri 29 Dec 2023, 10:24 pmTony Krome
Prayer ManFri 29 Dec 2023, 3:50 amEd.Ledoux
Log in
Social bookmarking
Social bookmarking reddit      

Bookmark and share the address of REOPENKENNEDYCASE on your social bookmarking website

Bookmark and share the address of REOPENKENNEDYCASE on your social bookmarking website
Keywords

3a  1  Motorcade  +Lankford  fritz  2  9  4  paine  Lankford  doyle  prayer  tippit  11  hosty  Witness  Weigman  3  Darnell  Mason  tsbd  Humor  Lifton  zapruder  Theory  frazier  

Like/Tweet/+1

Go down
greg_parker
greg_parker
Admin
Posts : 8368
Join date : 2009-08-21
Age : 66
Location : Orange, NSW, Australia
http:// http://www.amazon.com/gp/product/B00IXOA5ZK/ref=s9_simh_

Why McAdams' site needs a warning label Empty Why McAdams' site needs a warning label

Tue 27 Nov 2012, 2:23 pm
Here's just one example, picked randomly from McAdams' website:

Was the Evidence Against Oswald "Inadmissible"

Conspiracy books attack the evidence against Oswald by claiming that the "chain of custody" was broken for most of it, and that only marking evidence is sufficient to establish a "chain of custody" for legal purposes. This legal brief submitted by the plaintiffs in the O. J. Simpson civil trial shows this claim to be untrue. All the key pieces of evidence (the rifle, the hulls in the Depository, the hulls at 10th and Patton, materials from Oswald's rooming house and from the Paines' house in Irving) would have been legally admissible.
http://mcadams.posc.mu.edu/oswald.htm

The above has a link to a motion in limine filed by the prosecutor in the OJ Simpson case to have the chain of custody regarding evidence accepted under the hearsay exceptions rule.
http://mcadams.posc.mu.edu/custody.txt

There are some problems with applying this to the DPD/FBI efforts in the Kennedy case, including:

The reason why the motion was granted. It was granted in the example given because:

To establish a proper chain of custody for the physical evidence at issue, rendering that evidence (and the various tests thereon) admissible, Goldman need only "show to the satisfaction of the trial court that, taking all the circumstances into account including the ease or difficulty with which the particular evidence could have been altered, it is reasonably
certain that there was no alteration."
And the reason the prosecution was able to demonstrate that it could be reasonably certain there had been no evidence tampering? By producing expert witnesses to testify that all physical evidence chain of custody records were created by a public employee at or very close to the time of "of the act" and invoking the Official Records Exception rule allowing summary reports to replace thousands of individual original reports.

The real kicker is that the evidence in question in the Simpson case was blood, hair and fiber evidence.

So when McAdams made the following remark, he was acting in his capacity as a propagandist because you can hardly mark blood, hair and fiber with your initials.

Conspiracy people like to complain about the "chain of custody" for various objects that incriminated Oswald. They imply that only marking evidence can suffice to establish a "chain of custody" admissible in court.

The following document, brought to my attention by Joel Grant, shows that to be untrue. All the key pieces of evidence (the rifle, the hulls in the TSBD, the hulls at 10th and Patton, materials from Oswald's rooming house and from the Paine's house in Irving) would have been legally admissible.


The problem with the markings (unmentioned by McAdams) is that in some cases, officers claimed to have marked them, but later, no such markings can be found.

But let's assume for the sake of argument that Oswald's prosecutor can get the same deal as Simpson's did. Is that the end of the story? Not by a longshot.

In the footnotes to the Simpson motion, we find:

Where there is only "the barest speculation that there was tampering, it is proper to admit the evidence and let what doubt remains go to its weight." Id. at 581; accord People v. Lozano, 57 Cal. App. 3d 490, 493-96 (1976).

In other words, the defense was still free to dispute various claims regarding any chain of custody presented. Much of it (in any fair court) would have been tossed out.

But it's all academic. Oswald was never going to make it to trial to have any of this shoddy/manufactured evidence tested.

_________________
Australians don't mind criminals: It's successful bullshit artists we despise. 
              Lachie Hulme            
-----------------------------
The Cold War ran on bullshit.
              Me


"So what’s an independent-minded populist like me to do? I’ve had to grovel in promoting myself on social media, even begging for Amazon reviews and Goodreads ratings, to no avail." 
Don Jeffries

"I've been aware of Greg Parker's work for years, and strongly recommend it." Peter Dale Scott

https://gregrparker.com
Back to top
Permissions in this forum:
You cannot reply to topics in this forum