Suppression of Evidence

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Joined: Sun Aug 28, 2011 7:17 pm

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 family_man » Mon Aug 29, 2011 5:04 am

Yes, my experience is that CPS presents only the evidence that is favorable to their cause, and keeps the rest hidden if it can. You have to have an aggressive attorney who slaps them with court-approved motions for discovery of the specific items. I don't know if what CPS does is legal, but they do it all the time if they can get away with it.
Disclaimer: I am not an attorney, and this is not legal advice.

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Re: Suppression of Evidence

Postby titus » Wed Aug 31, 2011 11:57 am

There is a duality in our legal system. CPS, administrative law judges (to a somewhat lesser degree) and family courts don't care much about the rules of evidence.
If you want to make the rules of evidence relevant, you need to sue CPS for depriving you of your due process rights. By the way, I guess you meant withholding evidence (by CPS), not suppression of evidence (by you, if you believe it should be inadmissible), right?

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Re: Suppression of Evidence

Postby juls95677 » Sat Aug 20, 2016 1:09 am

Crucial evidence my daughter had to help her case was not permitted and the CPS worker who oversees daughter's visits with son was not allowed to say what she wanted to defend my daughter. CPS kept objecting to everything they did not want to hear.What can we do now? Daughter lost at trial because court appointed attorney did little to almost nothing to defend her and judge was bias and made racial remarks. Because my daughter was being denied her rights and not adequately represented, she asked for a Marsden Hearing which was immediately denied and then daughter was strongly reprimanded and mocked by the judge for asking for one.
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