Dear
Attorneys,
As
some of you are aware, the DA’s office in
Suffolk
has been, among other things, refusing to provide discovery in cases where the
district court has no final jurisdiction. I am attaching the recent memo
that they have filed. Many judges have denied our requests for discovery. So
we need to get some basic facts [to show that this denial of basic
constitutional rights is a repetitive problem] for a potential 211/3 or
affidavit[s] that will be unassailable and that is where you all come in. Will
you take the time to answer the following questions?
Have
any of you had any Superior Court jurisdiction cases that have begun in the
District Court where discovery has not been provided in the district court
because the prosecutor has argued that the court lacks jurisdiction and has no
authority to order it? If so:
- What
is the name and number of the case, the district court, the name of the
prosecutor and judge?
- Did
the prosecutor file a motion? If so – would you send it to me?
- Was
discovery ever provided? If so – how many days after your request and/or
after arraignment?
Have
any of you had a district court judge allow your motion for discovery, order the
district court prosecutor to provide discovery and the prosecutor has refused to
do so – often saying the Superior Court ada is the one responsible?
- What
is the name and number of the case, the district court, the name of the
prosecutor and judge?
In
cases that have started in the district court and then been indicted:
- How
many continuances did it take before the indictment?
- How
many days since the arraignment?
- Did
you then get a full discovery packet on the arraignment date in the Superior
Court?
I
will follow this up in a couple of days and apologize in advance for bothering
those who are not experiencing this egregious almost daily assault.
Thank
you, Stephanie
Page (spage@publiccounsel.net)
Return
to SLJ News and Updates Page