Yesterday in court it was revealed that Kirk Bunch had interviewed Kevin Pickett over the phone on April 3, 2012, Kirk Bunch did not record that phone call but did take notes. No report for any type of memorialization of that conversation was ever generated by Kirk Bunch or anyone else.

Kirk bunch admitted that he has at some point since then destroyed his notes. Just a little bit of information I have listed below in regards to the type of things that that could be consequences for his actions, or no consequences whatsoever at all.

Also note that Kevin Pickett, the first witness in this case, testified that Corey Kaufman had gone missing on March 29, 2012 and not March 30, 2012 like the District Attorney’s Office investigators continue to insist. Marlisa Ferriera continually tried to get Kevin Pickett to change his testimony, as to the date, but he insisted it was the 29th. Also noted on Korey Kauffman’s headstone it reads March 29, 2012 as his date of death.

The defense is making some motions that will be heard Tuesday morning in regard to this issue and I believe another issue which I’m not entirely sure of. Stay tuned for the outcome of the situation.

The question to be answered is that a Brady violation that occurred on Kirk Bunch’s part? was it exculpatory evidence? Was it tampering with evidence?

If it is determined to be so what will Judge Zuniga do about it?

Tampering with evidence

From Wikipedia, the free encyclopedia

Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority.[1] It is a criminal offense in many jurisdictions.

Tampering with evidence is closely related to the legal issue of spoliation of evidence, which is usually the civil law or due process version of the same concept (but may itself be a crime). Tampering with evidence is also closely related to obstruction of justice and perverting the course of justice, and these two kinds of crimes are often charged together.

 

Prosecution of Tampering with Evidence


 

141(b) PC-A peace officer who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image, or video recording, with specific intent that the action will result in a person being charged with a crime or with the specific intent that the physical matter, digital image, or video recording will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry, is guilty of a felony punishable by two, three, or five years in the state prison.

141(c) PCA prosecuting attorney who intentionally and in bad faith alters, modifies, or withholds any physical matter, digital image, video recording, or relevant exculpatory material or information, knowing that it is relevant and material to the outcome of the case, with the specific intent that the physical matter, digital image, video recording, or relevant exculpatory material or information will be concealed or destroyed, or fraudulently represented as the original evidence upon a trial, proceeding, or inquiry, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.

6 Comments

  1. Apparently he WAS allowed to destroy his notes. Many things are allowed in this trial. Legality of actions is irrelevant.

    1. Author

      Typically most cops do destroy their notes and the response is my notes were transferred to my report. The area of issue is no report was done and was there brady material in those notes. More precisely what did Kevin Pickett say, without documented proof.

  2. The remedy usually provided is an instruction to the jury that the jury is to make any reasonable inference pertaining to the lost or destroted evidence that least favors the party responsible for destroying or losing the evidence.

    Also, Re: the “tape” of Robert Woody pointing to where the body was laid in the woods. I was not aware there was a tape of this, and it sounds like the defense was not either. Could this be the orher discovery violation? If so, this IS grounds for a mistrial, with prejudice.

  3. Author

    My guess is if anything is done it will be a jury instruction. I could mean down the road issues for Bunch, but who knows. I was aware there was a recording as they normally record everything.

  4. Dawg! You posted a question without a poll? I would mark…
    ✓ Judge Zuniga will brush this under the rug and instruct the tainted jury to diregard yet another mishap. The DA and investigators get to do whatever the F#¥π they want in this case.

    The DA and her inbreastigators obviously knowingly, willfully, intentionally, and wrongfully altererd and destroyed all the real evidence to come up with this poorly planned scenario that they call a case.
    They manipulated the real evidence, motive and suspects to the point they they will never expose the real murderer and instead the DA chose to carry out an attack on Frank Carson instead.
    A big problem for the DA in this situation is that Kevin Pickett isn’t playing their game. He’s sticking to his story and telling the truth. He wrote down all the details in a journal and made the original missing persons flyer. If there was an interview with Pickett, the truth did not align with their storyline and he refuses to lie so they destroyed the interview. Even the Judge stated that she does not understand why nobody investigated the obvious supects in this case.
    Once the DA and her team blow-up this case to the point of a mistrial or following the jury returning with a Not Guilty verdict. This fabricated Case will bust at the seems and all the little snitches are going to start yapping and flapping their mouths. “The truth will default.”

  5. I bet Kurt gets away with it.

watcha gotta say?

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