Every once in a while I take some time away from Frog Gravy. During my time away from writing this week I once again searched for notes. To my utter shock, I located probably close to another thousand pages of notes. Most are related to the legal case.
Frog Gravy is not even about me. It is about a criminal justice system gone mad. I will try my best to illustrate it with documents, official transcripts and audio YouTube recordings (as soon as I learn the technology).
The Bill of Particulars is a document, sworn to under oath by the prosecution (ie, The Commonwealth) and then filed with the court. It indicates what they intend to rely on in their case.
In my case, the Bill of Particulars was also an offer: were I to plead guilty, they offered me eight years, plus seven days for the no-drug/no-alcohol/no bad driving DUI.
I did not see this document until just prior to my trial, probably because I had made it clear to my attorney at the time, Will Kautz, that I would take no deals whatsoever, even if it were an offer for a Caribbean vacation, and so he did not show it to me. This is probably a good thing, because of the huge falsehood that it contained, namely, that there was “no exculpatory evidence” under Brady vs Maryland, when, in fact, there were two exculpatory lab results that the Commonwealth had had in its possession for, like, a year.
The first lab result, the one that the prosecution hid from the Grand Jury and Deputy Eddie McGuire lied about, was faxed to the Commonwealth four days prior to the Paducah Grand Jury meeting, on 7/24/2006 at 12:32 PM to FAX number 2708247029, as you can see on the document.
The exculpatory drug test result was completed on 9/25/2006.
The Bill of Particuars, stating that there was “no exculpatory evidence” was filed on October 17, 2008, by Christopher Hollowell, who is now a District Court Judge.
Here are the photos:
Bill of Particulars filed October 17, 2008 by Crane-Station on flickr.
The statement: “The Commonwealth has reviewed the material in this case and finds no material which is exculpatory under Brady vs Maryland.”
Sworn under oath and delivered.
The hidden exculpatory lab result for alcohol (exculpatory under Brady)
The hidden exculpatory drug test result (under Brady)
These lab results have been published online in other posts as well.
Amazing coincidence that I received an eight year sentence after my jury trial.