Thursday, September 24, 2009

"Missing Documents & Federal Court Rules"

Emmy-winner Leslie Dutton, right, & T.J. Johnston; Full Disclosure Network

Full Disclsoure Network interviewed members of Richard Fine's all-volunteer national support team about critical documents disappearing from court files:

Fred Sottile
"It’s happened far too many times for it all to be accidental. This is the third case … not the third document, but the third case ... in which documents that have been filed have not shown up on the docket. And in one other instance, the missing document was used to justify striking one of his pleadings for failure to follow a certain rule … except that he had and they knew it, but it was the only way to justify denying his habeas corpus petition. So … the rules don’t provide for playing “hide and seek” with legal documents. Which is one reason we provide the documents ourselves on the website, so at least the public can see what they contain and know what’s going on and know Richard’s side of the story."
"Every day that I visit a particular case ... I’ve just learned that things come and go, so I capture a screenshot just to be able to prove something like this … it’s not the way you’re trying to make it look."
PACER Docket
"... it’s still hard for me to accept that you can’t trust the basic things to have any integrity. I’ve had other people make comments to me about problems with the dockets and I kind of didn’t really listen because it just didn’t permeate my brain that that was even remotely possible. And yet I have seen now, in the past four months I’ve been working on this, so many different examples. And they all have to do with critical documents concerning Richard’s case."

Mardi Mason
More at link.

1 comment:

Anonymous said...

Great report. It is hard to believe that our Courts and Justice System are losing their credibility before our very eyes. But when you learn there is such disregard for the Rule of Law and, in fact, undermining of it, then we could be close to anarchy or dictatorship. Which will it be?