Hey guys so I sent a disclosure request and didn't receive it. I requested for typed notes if they are not legible, the prosecutor couldn't read the notes so I asked them why did they ignore my disclosure request. Than the prosecutor told me that officer will clarify the notes for me, they both insisted. I then walked outside of courtroom and he started translating the disclosure, I told him word by word, as I typed my notes. Than I went to trial and the judge asked if I have all the notes which I was stupid and answered Yes, then they picked another date. He lied and did not give me full disclosure because when I count the number of words it is not the same. Also there are two key words in the disclosure which I can clearly read and they are not in my disclosure. I know that he lied but I have no way to prove. I also asked him to sign the notes and he said he won't sign them. Now it's the next day so if I get this stamped in court will this change anything?
Thank you for any input.
Well you still have a copy of the officer original notes right?
So you can question him on cross examination about the things in his notes.
You can also say at your next trial something like "I am prepared to proceed today, although I just need a quick clarification from the officer on a couple words/sentences that were in his notes before I proceed." This should give you a few more minutes with the officer to clarify whatever you are uncertain of.
To clarify, a discrepancy in the word count in your typed version of the notes versus the officer's originals does not mean you caught them in a lie. Like translating from one language to another, when you change short forms and abbreviations into proper English, the word count will fluctuate. As jsherk said, if you think the officer left out something from their notes, you can clarify with them at your next Court date.
And honestly what's to say that you didn't make a mistake typing out what the officer said to you?
What are the discrepancies by the way? Are they material to your defense?
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