From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Tue, Apr 16, 2013 at 9:12 PM
Subject:
To: Washington Field <washington.field@ic.fbi.gov>
Date: Tue, Apr 16, 2013 at 9:12 PM
Subject:
To: Washington Field <washington.field@ic.fbi.gov>
To the FBI,
Unfortunately, I didn't have an opportunity to review the newly discovered evidence because the bailiff refused to let me take papers out of the courtroom, no one visited me in jail, and my lawyers never discussed the evidence with me. I didn't have a chance to review any of it until my release when I requested my file.
All the best,
Kelley
“Newly discovered evidence” is strictly defined by Penal Code section 119a (6). If you discovered the IRS binder (as you claim) DURING the trial, it is not – by statutory definition – new evidence. It is cut and dried; there is no grey area.
Unfortunately, I didn't have an opportunity to review the newly discovered evidence because the bailiff refused to let me take papers out of the courtroom, no one visited me in jail, and my lawyers never discussed the evidence with me. I didn't have a chance to review any of it until my release when I requested my file.
All the best,
Kelley
“Newly discovered evidence” is strictly defined by Penal Code section 119a (6). If you discovered the IRS binder (as you claim) DURING the trial, it is not – by statutory definition – new evidence. It is cut and dried; there is no grey area.