Thursday, November 18, 2010

Report from court November 18 - Delay and phantom evidence

In a brief appearance in court today on the last remaining charge in the San Francisco 8 case, Judge Moscone set December 3 to hear arguments as to whether there will be an evidentiary hearing on possible wiretap evidence. The defense filed a motion for the hearing after a retired San Francisco police officer let slip his having heard of such evidence, which had previously been denied by the prosecution. Although supporters in the courtroom were fewer than before, there was still a visible presence reaffirming to all parties that we are not going away.

If the judge grants the motion, the evidentiary hearing will be held December 15. Note that this will be limited to the existence (or not) of wiretaps; it is not the long-delayed Preliminary Hearing to determine whether there will even be a trial. The continued delays and the piecemeal revelations of lost, hidden, destroyed, and phantom evidence only strengthen the defense motion to drop the "charges" due to prejudicial delay. Actually, the "charges" have now dwindled to a single charge against a single remaining defendant, Francisco "Cisco" Torres.

In addition to hearing arguments on the motion for an evidentiary hearing, the judge will also use December 3 to schedule future court dates.

Come to court December 3 at 9:30 a.m., Department 23. Representing our continuing support is crucial, even at these "routine" court appearances

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