Here's Javier Garcia's Opposition to the government's post-judgment motion to amend Judge's Shubb's findings regarding the testimony of two officers at the suppression hearing in U.S. v. Garcia. The Opposition addresses the issues I blogged about in Part 1 last Friday. I am also re-posting here a comment posted to that blog entry:
It's clear from the order that WBS's findings are sound. The root of the problem? The law lets cops lie. A cop may lie to a suspect to trick him into confessing, or for hundreds of other reasons. Those having a license to lie may not realize that the license doesn't reach into the courtroom. Nor does it help when the prosecutor validates your lie by (1) accepting it blindly; (2) presenting it as truth; and (3) defending it after it's discovered. Let's hope that Mr. Wagner steps up, directs his assistant to withdraw the motion, and sees that the officers lies are reported to their agencies.
Added 1/20/10: Government's 1-19-10 Reply To Garcia's Opp to Mtn To Amend