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A Compliment To Doug Valeska Practice Over The Years

Rickey Stokes

Viewed: 3325

Posted by: RStokes
Date: Apr 21 2016 8:20 PM

HOUSTON and HENRY COUNTY:   There has been some articles written critical of Houston - Henry County District Attorney Doug Valeska.


And tonight I wrote a article concerning tactics of Attorney General Prosecutor Matt Hart.


Included in the article is the law on what items a prosecutor is required to give to a defendant or their attorney in the case. As you can see, the prosecutor is not required to give the defense all the information they intend to use to prosecute them with.


DOUG VALESKA


Doug’s practice through the years has been, if a defendant did not make him hold the preliminary hearings, which are probable cause hearings, then he would do "open file" discovery.


A preliminary hearing is a probable cause hearing. That probably a crime was committed and probably you did it. The strict rules of evidence are not followed and hearsay is admissible in a preliminary hearing. Most are waived, which means not held.


In return for not making everyone go through a preliminary hearing, Doug Valeska has always said a defendant and his attorney can have everything in his file. If he is going to use it to prosecute you with, Doug has always believed that he wanted you to know it and have your chance to fight it in court.


Doug and I have disagreed many times over the years. But I admire him in the fact, he is going after people’s lives and freedom. Therefore that person should have the opportunity to fight their prosecution and defend themselves in the case.


Most prosecutors will not allow open file discovery. And that in itself can yield to unfair ambushes against someone. Not having the time to prepare to defend yourself.


When the candidates for District Attorney were questioned, one question posed was, do they intend to follow the open file discovery. Each said yes. So the District Attorney elect, Pat Jones, does intend to follow the fact, if you are going to be prosecuted a person deserves to have the chance to know what is going to be used and prepare an adequate defense.


Discovery Rules




A Compliment To Doug Valeska Practice Over The Years

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