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2019-10-09 Regular Session Minutes
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2019-10-09 Regular Session Minutes
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will violate the search and seizure laws and so we'll lose our <br /> evidence. Or we lose witnesses. <br /> Mr. Wiseman: Happens all the time. <br /> Mr. Roth: It happens all the time and you know the public doesn't see that. I <br /> think, you as a judge, probably saw that more often that...I think as <br /> prosecutors we try to be as fair as possible, because we win, we're <br /> also writing an appeal. And in an appeal we want to make sure it <br /> sticks. <br /> Mr. Wiseman: Yeah and as you know,judges are restrained from speaking out. <br /> Mr. Roth: Right. <br /> Mr. Wiseman: At least that's how it is with the norm. In many cases, I had to <br /> dismiss because the prosecution came up with a bogus search and <br /> seizure that the cops did...but yet this never gets out to the public. <br /> Mr. Roth: Right. <br /> Mr. Wiseman: Yeah. I just had to sign off on a dismissal. <br /> Mr. Roth: Yeah. That's hard. Nobody wants to you know...nobody wants to <br /> convict an innocent person. And I think in these cases...we're <br /> talking about the perspective cases...not the cases that we've <br /> already conflicted out on. But these cases...we're not talking <br /> about cases where we're going...I want you to go out there and <br /> arrest this person. Basically you have people that are out there that <br /> are making...it's like a traffic citation...the officer's make the <br /> citation...they send them to us...we look at the facts of the case. <br /> There's cases that you know the officers miss things that we just <br /> don't charge. So and there's cases in the end...we're looking at <br /> here that...you know if they don't have all of the facts...and they <br /> don't have all the elements...we'll dismiss. And we've already <br /> done that recently on one of these cases so. We're trying to be as <br /> fair as possible. But we're also...being as fair as possible is the <br /> easy part...appearing fair as possible...the appearance of being fair <br /> is a whole lot more difficult. <br /> Mr. Wiseman: Thank you. <br /> Mr. Robinson: I've got a few questions if I could? <br /> Mr. Roth: Sure. <br /> 24 <br />
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