Showing posts with label truth. Show all posts
Showing posts with label truth. Show all posts

Wednesday, May 4, 2011

To the victor go the spoils

Brian Tannebaum writes today about the shifting sands of truth regarding the killing of Osama Bin Laden. Was the intent of the mission to capture Bin Laden or was it to kill him? Was Bin Laden armed or wasn't he? Did he resist or not?

The more the government says about the operation, the less clear it becomes what really happened. What ever happened to just telling the truth? If you don't know the answer to a question, just say "I don't know" or "I don't recall." People get tripped up all the time trying to keep their lies straight.

Of course it's not just our clients who get tripped up. We've all read offense reports in which it's abundantly clear that the officer is lying fabricating a scenario by which he gets to stop the driver or search the car. And everyone consents to any request by a police officer to search their car or home. Right.

Just remember that history tends to be written by the victors. The textbooks will never mention that Bin Laden was unarmed at the time he was shot and killed. That will only appear in an "alternative" history that will be discredited because the "losing side" has an ax to grind.

After all, why would an officer just lie and say that someone was resisting if they weren't? Why would an officer claim that a suspect attacked him if he didn't? The officer's account is swallowed hook, line and sinker by prosecutors and (most) judges and the defendant's account of the incident is ignored because he has a motive to lie.

Scott Greenfield wrote about the case of Richard Rosario - a man convicted of a murder in the Bronx back in 1996. The damning evidence that led to Mr. Rosario's conviction was the testimony of two witnesses who picked Mr. Rosario's photo out of a police book. In a state habeas proceeding, the court found that two alibi witnesses who could testify that Mr. Rosario was in Florida at the time of the murder were "questionable" and "not persuasive."

But the state's witnesses? They were strong. The state's case was unimpeachable.

What makes either set of witnesses any more reliable than the other? Two people testified they saw a man who looked like a dude in a book of photos while two other people testified that Mr. Rosario was with them in Florida when the cops say he was in the Bronx.

But we know who writes the history.

Friday, April 24, 2009

More on the truth (or lack thereof)

The court reporter in Harris County Criminal Court at Law No. 1 was indicted on charges on tampering with a government record. He is expected to surrender to authorities.  The county criminal courts handle Class A and B misdemeanor offenses for which the punishment is no more than one year in the county jail and a fine not to exceed $4,000.

The reporter is represented by two former Harris County (Criminal) District Court judges in a wonderful bit of irony. Apparently they have undergone a conversion and now believe that a citizen brought before the court is innocent unless proven guilty.

Seems that not that long ago...

Ye shall know the truth and yada yada yada

President Obama has rejected the idea of creating a truth commission to look into interrogation techniques used during the Bush administration's war on terror. In a press briefing on Wednesday, White House Press Secretary Robert Gibbs said that President Obama was not interested in prosecuting officers who tortured detainees if they worked "within the four corners" of the any legal advice they were given.
Q    Two unrelated things.  First, what's the latest thinking here on whether the White House would support some sort of independent commission to look at the interrogations during the Bush era?  And then I want to follow up with a credit card question, if I could.

MR. GIBBS:  Sure.  Well, I don't -- I don't know that I have a lot to add on the first question other than what the President discussed earlier in the week and what I talked about on the plane yesterday. 

And obviously there's been news reports of a discussion about such a commission here that the President decided I think the last few days might well be evidence of why something like this would likely just become a political back and forth.

Q    So is that an indication that you don't want to see an independent commission?  I'm trying to understand.

MR. GIBBS:  By dint, an independent commission would probably not be something that I would weigh in on if Congress were to create one of those.  I think that -- from the larger perspective, the President believes, as both of us have said, that the release of the memos are not a time for a retribution but to reflect on what happens and that we're all best suited looking forward.
...
Q    Robert, does the President believe someone ought to be punished for allowing waterboarding?  He changed the policy, but does he believe somebody ought to be punished?

MR. GIBBS:  Well, I think that determination is going to be left up to, as I've said for any number of days looking backward on this now, that that's going to be made by a legal official.

Q    And that legal official is the Attorney General?

MR. GIBBS:  In our Constitution it is.

Q    And what about this idea of the Attorney General appointing a special prosecutor?

MR. GIBBS:  Well, I addressed this --

Q    Is that his -- is that the Attorney General's decision or is that ultimately the President's decision?

MR. GIBBS:  I'd have to look up, honestly, the legal statute to determine that.  I don't -- I don't think the -- I don't believe that there's -- I think the Justice Department is fully capable of weighing the law.

Q    You don't think a special prosecutor is necessary?

MR. GIBBS:  I don't -- I don't think anybody has presented a compelling case why the Justice Department couldn't do this.
I think it's much more likely that the president doesn't want to push an investigation as a professional courtesy to his predecessor. He either doesn't want to close the door on using a variation of such tactics later on or he doesn't want his people to be subject to investigation and possible prosecution by the next administration.

The U.S. once again plays by its own rules and deigns not to investigate atrocities committed by American intelligence officers that would bring a swift condemnation if committed by another nation. The American people deserve to know the truth about what was done in their name.

The truth of the matter

"There are two sides to every story... and then there's the truth."

-- Patti Stanger, The Millionaire Matchmaker

It's an essential truth in our line of work that no one ever really knows the truth. Thanks to rules of evidence and procedure, our Constitutional protections and the reality that memories fade over time, that jury sitting in the box will never hear the entire truth about what happened on "the night in question."

The jury will hear the prosecutor's story and then the citizen accused's story. Then they will be asked to decide among themselves what they think is the truth.

I had occasion one morning to sit down and talk to Wharton County Justice of the Peace (Precinct 4) Dennis Korenek and he told me that most folks just want to come into his court and tell their side of the story. I believe that. I also believe that can be a very dangerous attitude to have when you're up against The State of Texas.