Fingerprint All Guns?
This is rapidly getting stupid - summarized from an e-mail:
- An ASA with the Gang Prosecution Unit is requesting that all guns and ammo seized by the CPD be sent for fingerprints, regardless of the circumstances in which it was seized. Defense attorneys are using the lack of a fingerprint request to claim "reasonable doubt" exists in all such cases. It doesn't matter that fingerprints are rarely, if ever, recovered from a weapon. Defense attorneys are showing juries the boxes on the Firearms Recovery Envelope and claiming shoddy investigations are the policy of the day. The US Attorney and ATFE are doing the same thing on Federal upgrades for weapon charges.
The state crime lab can't even turn around rape kits in under three months, yet we expect them to be able to handle something like 1,000 guns a month?
Labels: we got nothing
posted by SCC at 12:05 AM
15 Comments:
Here is a novel idea. Take the fucking question off of the envelope. Problem solved. When asked on the stand, your answer is that I sent the weapon per department requirements to the Illinois State Police Crime Lab for testing and analysis. Tell the defense that you do not know whether or not fingerprints were tested for. This way there is no fucking question on the envelope for them to refer to and you testify the facts as you know them. Case closed.
Sometimes the department digs their own graves by requiring way too much information on forms and the like. One, the city gives the defense way to much info and two, why does the city need to know some of this information. Prying government agencies.
and dont forget basic crime scene protection....if you respond to a call of a person shot & the 'victim' is doa from an apparent self inflicted gsw w/ the gun AND the suicide note still near the victim....DO NOT pick up the gun and the suicide note
well all this will be another tool for the defense.
defense: and office did you recover this gun
office:yes
Defense: did you have it sent for fingerprints.
office: yes
Defense:and were my clients fingerprints found on that gun
Office: no, no fingerprints could be lifted from the weapon(even though WE know that its very hard to get prints from a gun after a footchase and tossed in weeds, wet grass etc...)
Defense: AH HA!!! so my clients fingerprints weren't even on that gun yet you claim you saw the gun in his hands and throw it to the ground!! If he was holding the gun shouldnt there be fingerprints on the gun?!?!??
Jury: well no matter what that officer says I watch csi and I know everything... Plus I saw 20/20 with officer hererra say that the police just say they saw a man with a gun even though they didnt.. that slick guy in the suit really makes a great argument and it sounds reallllllyy good.. Um, not guilty!!!
They might have to loosen the purse strings and hire some more help at the crime labs. It would be nice to be able to process evidence the way it's supposed to be for a change.
Ok, Ok, how is this surprising? The system allows defense attorneys to "vigorously defend" their clients. Any logical bottom feeder defense attorney would show the gun envelope to the jury, who think it's all CSI and magic and tests are instant and if it has been touched it MUST have fingerprints. So if you get a gun and can remember, pick it up by the trigger guard with a pen, like I saw on TV, don't make it safe and just put it in the brown envelope that you have in your pocket. No problem. Or wear gloves and make it safe, handle it, but don't tell the jury you wear gloves because then you are trying to hide something. Just stop working guys. Come on. This is ridiculous.
This subject has been brought up over and over again. Phat phil was big on it also. Theres been no lifts ever from a gun, at least what I know, and sorry if I missed any. Ask the ISP crime lab why it is so difficult to obtain a fingerprint off a gun.
Once again, someone watches way too much CSI.
Who cares, let them implement whatever policy they want. As long as we still get paid to go to court all is good. Let the judges toss out the cases and the juries find everyone not guilty.
Its acts like these that create a firestorm of revolution that can turn a liberal whorehouse into a true law and order conservative society.
Defense attorneys don't defend their clients. All they do is clog the system long enough to get a win. They give a shot about justice.
Yes!
And then do a rape kit on ALL women regardless of the circumstances...
and a field sobriety test on ALL traffic stops...
printing ALL guns will not help the ASA's. It will only GIVE THE IMPRESSION that none of the bad guys could possibly have handled a weapon where his prints do not exist.
like from watching TV, every criminal doesn't ALREADY know to wipe his prints off of things he may have touched.
Gimme a break!
The reason the ASA's want fingerprints ordered is so that they can then subpoena the crime lab people and have them say: " You can't get fingerprints off of a gun its nearly impossible." That way it removes the defenses ability to claim their client never held the gun because his fingerprints were not on it. This is called negative evidence and it will help us get more convictions. The ASA however cannot subpoena the crime lab personnel unless you request those prints. Furthermore even if it takes the lab months to turn the prints around you don't go to trial for nearly a year anyway. You'll still get pc at the branch courts while they are waiting for.the prints. Get your facts straight- this is a good thing.
I have to agree with the previous post, who cares. Check the box and let the lab print the gun. It's their freaking job to process evidence, let'em. If this is what the ASA's office wants, do it. How difficult is it to check a box on an envelope. While Anita may be a police hater and bitch, there are alot of AASA's that are on our side and doing the right thing. Forget about Anita and let's work with the AASA's that are our teammates.
Phantom said...
I have to agree with the previous post, who cares. Check the box and let the lab print the gun. It's their freaking job to process evidence, let'em. If this is what the ASA's office wants, do it. How difficult is it to check a box on an envelope. While Anita may be a police hater and bitch, there are alot of AASA's that are on our side and doing the right thing. Forget about Anita and let's work with the AASA's that are our teammates.
4/28/2011 09:15:00 AM
I don't give a shit which box is checked. I am a beat car operator. I call a tact team and give it to them. 19-P
Some of todays guns have a rough texture finish designed to resist corrosion. It allows the gun to go through an entire career without rusting. Prints dont adhere to these types of finishes.
A topic that was intended for a small group of individuals got blown out of proportion by the bald idiot that had no business being involved in the first place.
Post a Comment
<< Home