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No Way JJ Can Be Convicted

Sportin' Life said:
granitegriz said:
PR: what's up with the prosecution not handing over the evidence to defense and has the prosecutor missed deadlines set by the judge? Seems like they are wanting the judge to dismiss the case for them to take some heat off their office. Then they can always "claim" it was just the judge being unreasonable.
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No judge is going to dismiss on grounds of discovery. They admit that the records are voluminous and then give 7 working days before filing a motion? That dog isn't going to hunt.
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Not that I disagree with your conclusion, but I saw that the requests for production were made on August 9. By my count, when something could go to trial, today is the 12th working day since the requests.
 
Sportin'life: you say that because you are an experienced attorney or you stayed in an Holiday Inn Express last night? Breaking court deadlines is never a good thing...still a question remains as to what if any deadlines were not met.
 
Suzy Boylan's contention in early August that she wasn't sure how she could get through 1,000 pages of text messages in a timely fashion was somewhat bizarre.

First of all, they are text messages, not the Encyclopedia Britannica. I've gone through text messages approximately 1,000 pages in something like a couple of days. The secretary scans them in, you walk through the .pdf file, you highlight relevant conversations, send it back to the secretary to redaction of certain information, which isn't ordinarily much, it's not like people routinely text their social security and bank account numbers or privileged health care information.

At best this would take a couple of days, assuming most of the messages are routine.

However, the odd part was that she was doing this after filing the charges, when in fact the very existence of such numerous text messages leaves completely wide open the possibility of completely exculpatory evidence.

Too, just that fact that there were so many text messages offers a "Chatty Cathy" piece of evidence all by itself which is at odds with the normal response of victims to violent rape trauma; depression, withdrawal, lack of communicativeness.

The final reason that it just seems "odd" is that the County Attorney had six months before they filed this thing; and they didn't get around to the text messages which could have held key evidence and admissions?
 
To be fair...I think she said 1,000 pages of text messages. Not sure if there is one text message per page, or 30.

If looking through 1,000 text messages takes 4 hours then I would assume 30,000 would take 120 hours, or the equivalent of three 40-hour work weeks.
 
Stop it Oreswigger! This thread is relevant and shows the incompetence of the County Attorney's office and the Missoulian. It should stay right here despite your crying to the contrary.
 
UMGriz75 said:
The final reason that it just seems "odd" is that the County Attorney had six months before they filed this thing; and they didn't get around to the text messages which could have held key evidence and admissions?
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This is what struck me as strange. :? :?
 
UMGriz75 said:
Suzy Boylan's contention in early August that she wasn't sure how she could get through 1,000 text messages in a timely fashion was somewhat bizarre.

First of all, they are text messages, not the Encyclopedia Britannica. I've gone through text messages approximately 1,000 in something like a couple of hours. The secretary scans them in, you walk through the .pdf file, you highlight relevant conversations, send it back to the secretary to redaction of certain information, which isn't ordinarily much, it's not like people routinely text their social security and bank account numbers or privileged health care information.

At best this would take a morning's effort.

However, the odd part was that she was doing this after filing the charges, when in fact the very existence of such numerous text messages leaves completely wide open the possibility of completely exculpatory evidence.

Too, just that fact that there were so many text messages offers a "Chatty Cathy" piece of evidence all by itself which is at odds with the normal response of victims to violent rape trauma; depression, withdrawal, lack of communicativeness.

The final reason that it just seems "odd" is that the County Attorney had six months before they filed this thing; and they didn't get around to the text messages which could have held key evidence and admissions?
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Agreed that is odd that the county attorney hadn't already reviewed all of this before charging, and would have just had to redact.

I suppose a possible explanation for the delay is that the county attorney's office just wants to keep the defense would getting a fast start on the defense, and is dragging its feet.

I suppose another may be that the county attorney's office has been caught with its pants down and (a) is analyzing and researching whether there is a valid reason to exclude providing certain of the information, or (b) considering whether it needs to move to dismiss the case.

I can't imagine there'd be any valid reason not to provide the texts.

I wonder how the laws of criminal discovery intersect with individual privacy laws relating to the university and the student code process.
 
wbtfg said:
To be fair...I think she said 1,000 pages of text messages. Not sure if there is one text message per page, or 30.

If looking through 1,000 text messages takes 4 hours then I would assume 30,000 would take 120 hours, or the equivalent of three 40-hour work weeks.
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Two things:

1. 1,000 pages of 12 pt. Times New Roman with no hard returns shouldn't take a week to review and redact.
2. 40-hour work weeks? If they want to bring these kind of charges and still make it to happy hour instead of responding to discovery, something is out of whack.
 
Here is KPAX's update on the Reply filed by the Prosecution:

Latest Update More court motions made in Missoula rape case
11:12 AM by Irina Cates - KPAX News
MISSOULA- Motions in the rape case against former University of Montana quarterback Jason Johnson continued on Wednesday morning in a Missoula courtroom.
In reply to the defenses motion to drop the rape charge against Johnson, prosecutors asked the court not to dismiss the charge.
The defense filed a motion to dismiss the case during Johnson's arraignment two weeks ago, saying that the U.S. Department of Justice investigation influenced the prosecutors decision to file charges against Johnson.
(file photo)
Defense attorneys also said prosecutors cherry-picked information, wrote a misleading affidavit and didn't show probable cause.
But prosecutors said the DOJ investigation had no impact on their decision to file charges, adding that an affidavit doesn't have to include every fact that would be presented to a jury.
Prosecutors said the defense filled its motion to dismiss before it had all of the information that was available.
They called the defenses motion to dismiss "a thinly veiled press release under the guise of a legal pleading."
 
The reason why the texts and other evidence are so important right now is that the defense has a response brief due and needs to have everything the prosecution has to make the best possible argument. As PR said, it is to the prosecution's advantage to be slow, but come on...this information should have been reviewed before charging JJ. They only had months and months to do it already.
 
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