Prosecutors Misinform Judiciary Comm. in Testimony on Gun Bill

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Rebel
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Prosecutors Misinform Judiciary Comm. in Testimony on Gun Bill

Post by Rebel » Sun Mar 26, 2017 2:56 pm

Florida Report! Prosecutors Misinform Judiciary Comm. in Testimony on Gun Bill

DATE: March 26, 2017
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
USF Executive Director
NRA Past President



Two baffling and very troubling things happened during testimony on HB-245, the Burden of Proof bill, in the House Judiciary Committee on Thursday, March 23, 2017.

ONE: The Florida representative of NY Mayor Michael Bloomberg's Moms Demand Action (MDA) gave testimony that sounded like it was written by the Florida Prosecuting Attorneys Association (FPAA).

In testimony she claimed, "State prosecutors stand with us asserting that this bill will make it harder to prosecute gun crimes."

She went on to claim that Florida's prosecutors are already overworked and overburdened and that they have high case loads and low budgets.

Sounding more and more like State Attorney Phil Archer's mantra, she echoed Archer's previous testimony complaining about the workloads and funding of prosecutors.

All of that is troubling because according to data from the Justice Administrative Commission, State Attorneys/prosecutors had a cash surplus of over $50 million at the end of BOTH of their last two fiscal years and their case load is down over 30% for the last 5 years.

That doesn't sound like they're underfunded and overworked. They clearly have adequate staff and funding to do their jobs.

The most curious and subsequently telling thing the Bloomberg Moms leader said was, "All 20 of Florida's State Attorneys oppose this bill." That was something new that had been not reported before. It begged the question, "How could she know that?"

TWO: That question was answered pretty quickly when State Attorney Phil Archer, representing the Prosecuting Attorneys Association, said the same thing. Archer said, "I appreciate the reduction in the standard of proof. I think that makes it a little better but all 20 State Attorneys are still very much opposed to this bill."

Bingo! it looks like the prosecutors association is feeding testimony to Bloomberg's Moms Group.

But more importantly, the statement -- made by both the Bloomberg Group and State Attorney Phil Archer -- is false

A text message from a State Attorney received shortly after the statement was made said the statement was false. So at least one State Attorney, if not more, have not taken a position against the bill

We expect people to be truthful, particularly when they testify before committees. It is especially troubling when a State Attorney representing the Florida Prosecuting Attorneys Association is untruthful. Further troubling is the lack of respect for justice and innocent people who act in self-defense.

In some cases, by not doing proper investigations and by not objectively evaluating cases before charging innocent citizens in self defense cases, some prosecutors end up trying to extort plea bargains from frightened citizens to cover their lack of evidence and send innocent people to prison.

That may save prosecutors money on a trial, but it imposes an enormous financial burden and is devastating to innocent people and their families.

You need to know when the people who are elected to protect the rights of law-abiding people are willfully working to subvert those rights. Under our nation's judicial system, you are innocent until proven guilty. A prosecutor who thinks you should be guilty until you can prove yourself innocent is not looking out for you or justice.
outside of a dog, a gun is man's best friend.
Inside of a dog, it's too dark to shoot.

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Re: Prosecutors Misinform Judiciary Comm. in Testimony on Gun Bill

Post by Odessaman » Sun Mar 26, 2017 7:51 pm

A State Attorney is subject to the same standards and discipline as every other Florida-licensed attorney.

If any attorney makes a false statement to a legislative committee, then a grievance should be filed with the Florida Bar, which he will have to answer.
RULE 4-3.9 ADVOCATE IN NONADJUDICATIVE PROCEEDINGS
A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of rules 4-3.3(a) through (d), and 4-3.4(a) through (c).
RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
If any one of those 20 State Attorneys do NOT oppose the bill, and have knowledge of a false statement by an attorney regarding their opposition, then they have an affirmative duty to report his ethical violation, and failure to report it is in itself an ethical violation, subjecting them to discipline.
RULE 4-8.3 REPORTING PROFESSIONAL MISCONDUCT
(a) Reporting Misconduct of Other Lawyers. A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate professional authority.
Put the heat where it'll burn the most.
~ Odessaman ~


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