Suppression of Evidence

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Suppression of Evidence

Postby cameo » Sun Aug 28, 2011 8:04 pm

I just made a post about withholding evidence but I forgot to check the box for notification of replies. So here is a second post. My question is, do the laws and rules (or penalties) regarding witholding evidence in a criminal case also apply to State or AG (or CPS/police) proceedings?

The State of Washington withheld a substantial amount of "evidence" from the defense and from me. This includes photos of the condition of my house (which they made the sole reason for removing my child), international records/papers/documents between WA state, the federal U.S. govt, and Canada, and of course I will never see the military records that were involved.

As far as I know, an entire case may be overturned for withholding evidence. I am about to file something with the court, since my lawyers have never worked for me and only cover up for the State. I am wondering if an entire case can be thrown out based on withholding evidence, and if this can be addressed at the CPS court/appeals level or if it must be fought through a civil case (or criminal RICO case) filed in federal court.

Also, I think this topic applies to a lot of parents out there. I don't think I'm the only one who has discovered how much evidence was kept from me, and how it affected the entire outcome. They never could have gotten away with taking my son or even filing a Protective Order, if they had turned over the evidence they had which proved they knew they were lying.


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Re: Suppression of Evidence

Postby LindaJM » Wed Aug 31, 2011 9:45 pm

This might be something you could ask Senator Pam Roach about.

Is there any way you can get a consultation with an attorney to discuss this with?

Are you in contact with the Washington Families United group?

I did answer you other posting first.

This is definitely a topic that could affect a lot of cases, if a way can be found to prosecute caseworkers for withholding exculpatory evidence. I hope you'll keep posting here about it as I would like for other families to have the benefit of your research and experience.
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