eau de sauvage wrote on 11/21/20 at 21:01:33:Is this Judge saying the attorney did an initial review of the affidavits and excluded the ones with limited or no verifiable evidence? The judge used the term “false” but that isn’t necessarily correct. 20 people witnessing the same action will report 20 different events. Weeding through them may yield 10 that supports physical evidence. You only have to read the history of the Michael Brown shooting and the stories from witnesses and how broad the range of stories were to understand that.
Isn’t it the case where the attorney read through the affidavits and dismissed the ones obviously false and did not submit them?
And is this the same case where the finding was if proven true, it wouldn’t have altered the outcome so it was dismissed?
“The fact that your process for obtaining these affidavits yielded affidavits that you yourself found to be false does not support a finding that this process generates reliable evidence,” Kiley said. “This is concerning.”