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. 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.