Hugget case dismissed: importance of "there's the evide
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MostlyHarmless
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Post subject: Hugget case dismissed: importance of "there's the evide Posted: Tue Jun 02, 2009 6:33 am |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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http://www.startribune.com/local/46672927.html
Quote: This court is satisfied that Huggett did what he reasonably should have done to have the evidence preserved; namely, he told Detective Finch precisely where the voice mail was located, he summarized it to her immediately after the incident as best he could, and he even went so far as to suggest she listen to it.
1) I was afraid for my life
2) There's the evidence
3) Lawyer lawyer lawyer
Step 1 and 2 are important too and may be the only reason this case was dismissed without a jury trial.
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bstrawse
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Post subject: Posted: Tue Jun 02, 2009 6:36 am |
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Senior Member |
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Joined: Sun Apr 12, 2009 6:51 pm Posts: 172
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I'm confused as to why this guy was even charged?
b
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Jeremiah
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Post subject: Posted: Tue Jun 02, 2009 7:04 am |
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Raving Moderate |
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Joined: Thu Mar 23, 2006 12:46 pm Posts: 1292 Location: Minneapolis
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Because he shot that poor fellow, who just turning his life around, and only wanted to talk to his ex and the kids... </snark>
_________________ I'm liberal, pro-choice, and I carry a gun. Any questions?
My real name is Jeremiah (go figure).
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Binky .357
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Post subject: Re: Hugget case dismissed: importance of "there's the e Posted: Tue Jun 02, 2009 2:41 pm |
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Longtime Regular |
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Joined: Tue May 30, 2006 3:02 am Posts: 816 Location: South of the River Suburbs
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MostlyHarmless wrote: http://www.startribune.com/local/46672927.html Quote: This court is satisfied that Huggett did what he reasonably should have done to have the evidence preserved; namely, he told Detective Finch precisely where the voice mail was located, he summarized it to her immediately after the incident as best he could, and he even went so far as to suggest she listen to it. 1) I was afraid for my life 2) There's the evidence3) Lawyer lawyer lawyer Step 1 and 2 are important too and may be the only reason this case was dismissed without a jury trial.
To beat the dead horse a little more, the lawyer could have said the same things after a brief wait.
I'm still of the school of "I need to speak to my attorney and I don't consent to any search" thought. Better that way-there are good LEOs out there, but taking your chances at finding a good one is like naively picking mushrooms in the wood and thinking they'll all make a good meal. Just because you ate one last week and nothing bad happened doesn't mean the next one won't really mess up your life (or kill you).
_________________ My YouTube Videos
"We're either gonna be the best of friends or there's gonna be a whole lotta shootin' goin' on."
"I think it's a good thing for serving cops to mix with non-cops in a situation where they understand that they aren't in charge." -JoelR
"You'd be amazed at the things a bullet can stop." -Old Irish Proverb
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jdege
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Post subject: Re: Hugget case dismissed: importance of "there's the e Posted: Tue Jun 02, 2009 2:51 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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Binky .357 wrote: To beat the dead horse a little more, the lawyer could have said the same things after a brief wait.
I'd love to cooperate, officer. I'll have my lawyer call the station to arrange a convenient time for an interview.
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SultanOfBrunei
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Post subject: Posted: Tue Jun 02, 2009 3:04 pm |
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Longtime Regular |
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Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
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My take: say as little as possible. If evidence is likely to be not preserved, then let the officer know. ie the attacker's weapon is laying in the street and a street sweeper is rumbling down the road towards it. It might be a good idea to point that out... otherwise shut up.
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kecker
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Post subject: Posted: Tue Jun 02, 2009 3:49 pm |
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Longtime Regular |
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Joined: Tue Jul 15, 2008 9:57 am Posts: 818 Location: Apple Valley, MN
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There is nothing in this story that a lawyer couldn't have handled the next day...or even the next week.
This is entirely due to the ineptitude of the responding police and investigators that the evidence was lost.
Actually it probably would have been better if the lawyer had handled this. He could have documented it better. Otherwise in this situation you're depending on the officer's integrity and honesty to admit that yeah he told us about that evidence but golly gosh we just didn't do anything about it.
_________________ http://www.eckernet.com My mind is like a steel trap - rusty and illegal in 37 states.
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pablobear
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Post subject: Posted: Tue Jun 02, 2009 4:12 pm |
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Joined: Tue May 19, 2009 9:50 pm Posts: 49 Location: Minneapolis
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It doesn't say anything about it in the article, other than the guy "broke in" to the home, but that clearly sounds like the guy was hostile. He broke in to the home. Isn't that evidence enough that this clown wasn't supposed to be there and that he was acting violently?
_________________ "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." ~ The Dalai Lama
"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest." ~ Mahatma Gandhi
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ScottM
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Post subject: Posted: Thu Jun 04, 2009 1:21 pm |
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Joined: Sun May 25, 2008 4:14 pm Posts: 181 Location: Ellsworth, WI
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pablobear wrote: It doesn't say anything about it in the article, other than the guy "broke in" to the home, but that clearly sounds like the guy was hostile. He broke in to the home. Isn't that evidence enough that this clown wasn't supposed to be there and that he was acting violently?
You would think so but in Minnesota and Wisconsin sometimes government gets confused about who the victim is.
_________________ http://scott-randomassociations.blogspot.com/
"We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments." Nordyke v. King 4/20/09
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