PremiumSauces: The proper response is to object strenuously, file motions, requests for re-hearings, interlocutory appeals, etc. Did he just have a terrible lawyer, or what?
He went through about 6 Lawyers, several of which i have read apparently quit out of frustration over the BATFE Flat out Refusing to Follow direct orders from a Federal Judge to release crucial documents which they had the only copy's of and over Refusal to allow any NON-BATFE Personnel to perform any real Examination of the Rifle, a couple he fired over incompetence.
mbt2001: I didn't think that they could refuse the defense from examining the rifle... I mean, you have to be allowed to confront your accusor and the "rifle" in this case was as much an accusor as the BATFE.
By Law they Can't, but that didn't stop them in this case or with Waco did it?
RPCVYemen: Mr. Olofson told Robert Kiernicki that the weapon would in fact fire in select fire mode - though it might jam after doing that. So there is no doubt that Mr. Olofson knew that the weapon was capable of firing in select fire mode.
The only testimony that said that was Kierniki's which if you read in full carefully contradicts itself so often that is it obviously a Lie/Fabrication, his testimony has enough holes in it for it to look like a screen door.
RPCVYemen: I am not a lawyer, and I don't quite understand the discovery phase. I thought that the judge could compel the revelation of documents by the prosecution (or the defense). If the judge decided that what was being requested was relevant, wouldn't the judge have compelled discovery? If the judge did not compel discovery, why not?
The Judge did Compel discovery on numerous occasions, problem was the BATFE Either Flat out Ignored the Order's to Compel Discovery or fraudulently claimed they were "Privileged Tax Information" (which was proven to be a bald faced lie) and Refused to release the documents.