tag:blogger.com,1999:blog-8298837746880587541.post559584856389465083..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Mother, may I?Paul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-8298837746880587541.post-9433117314566426612010-07-15T10:29:14.539-05:002010-07-15T10:29:14.539-05:00I think "police officers are agents of the st...I think "police officers are agents of the state" is a different proposition than, "the DA's Office represents the Sheriff's Department."Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-19675823732568471682010-07-15T10:23:42.346-05:002010-07-15T10:23:42.346-05:00Mark, I once had a prosecutor who wanted to quash ...Mark, I once had a prosecutor who wanted to quash a subpoena I had served on the Sheriff's Office and she was about to assert that the DA's Office had standing to object to the subpoena before the judge asked her to think twice before making that argument.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-83254994215729922972010-07-15T10:22:15.468-05:002010-07-15T10:22:15.468-05:00Thank you for your comment. As it turns out, the p...Thank you for your comment. As it turns out, the policy in question was cooked up due to some alleged monkey business at the municipal courthouse.<br /><br />However, based on Leitner's comments to the Chronicle, there seems to be a belief in the DA's Office that certain witnesses are "the state's witnesses" such as police officers and complainants. <br /><br />I would disagree with your statement that the "prosecution has a duty to justice." The prosecutor has a duty to act in the interest of the state. The two are not the same.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-63586789299338732912010-07-14T22:28:04.717-05:002010-07-14T22:28:04.717-05:00The memo sucks. But don't blame I on "the...The memo sucks. But don't blame I on "the attitude of prosecutors...". The DA's office didn't write it. Eat about defense attorneys who tell prosecutors "I'll let you talk to his wife," on family violence cases. Or worse, tell the complainant not to speak to anyone else about what happened. That's the difference between defense and prosecution. Defense has a duty to the client, complainant be damned (which is important and valuable) and the prosecution had a duty to justice.cjclawyerhttps://www.blogger.com/profile/06403241917058942079noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-84624568684457014602010-07-14T15:27:47.737-05:002010-07-14T15:27:47.737-05:00"Sergeant Kennedy was, at all times relevant ..."Sergeant Kennedy was, at all times relevant to this case, an agent or servant of the State, as an investigator with the Houston Police Department. The statement concerns force Sergeant Kennedy allegedly used on a suspect while he was acting in his official capacity. This statement is an admission by a party-opponent, and therefore is not excluded by the hearsay rule. Tex.R.Crim.Evid. 802" Rodela v. State, 829 S.W.2d 845, 849 (Tex. App.-Houston [1 Dist. ][] 1992).Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.com