information on misuse of evidence
State: California
I was recently convicted of evading police and DUI; and I am awaitng sentencing.
I did not commit the crime but the officers used the process of elimination and put the blame on me, because they were able to identify my friend as the passanger. The driver fled the scene and did not want to take responsability for the crime he committed. My friend did not want to come forth because he fears for his life if he tells it all. During the trial some evidence was brought in that I had not seen before, they were pictures of keys in the back seat where the officers found me passed out. The prosecution waited until the court date before the beggining of the trial to bring forth this evidence. By the way I has an alcohol level of .346.
In reading the report there is is discrepancies between what the officers stated in court and what they wrote on the report. Such as the officer stated during the trial that he saw me jump from the front to the back via the middle console. On the report he wrote that he saw me open the door from the drivers side and jump to the back of the car?
My questions are:
If the pictures where taken the night of the crime why did they not release them until the court date before the trial. should they had been admissable?
In addition the pictures of the keys look like my own car keys and not the drivers keys/the vehicle that we were in. I asked to see the pictures to see if those are my keys that they should not have used against me but my attorney tells me taht he cannot obtain them as they are now court property, is this true? can he petition the court?
I really got screwed over by lying police officers and now I have to pay for a crime I did not commit due to their lies. Can this be subject to a mistrial and/or appeal?
Any advice?
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