The Nevada ANTI-Corruption movement continues. We are starting to have success and we’re seeing positive results of our efforts. In June 2012, Mike Weston filed a Motion to Vacate his wrongful conviction of obstruction/delay based on NJCRCP 60 (b) fraud. As of July 2012, the State of Nevada via Reno/Washoe District Attorney Dick Gammick now admits the Nevada Highway Patrol dash-cam audio/video was in fact edited as Mike Weston has been complaining about. However, they claim it is not misconduct or fraud. The State missed its filing deadline and filed a late answer that basically concedes to Mike Weston’s requested relief of vacating the conviction, expunging his record and reimbursement of fines, fees, costs, etc.
A decision is expected soon by the Reno Justice Court Judge Patricia Lynch. Mike has also requested the court to report DA Dick Gammick to the “appropriate authorities” for the fraud and Brady Disclosure ( See Brady v. Maryland, 373 U.S. 83 (1963) violations of evidence tampering to withholding exculpatory evidence
The Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment”; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals’ ruling was affirmed.
“Deleting portions of a video and leaving a time stamp to reflect such was done is not misconduct, let alone fraud.” (Emphasis added).
“[t]he State would not oppose the sealing of defendant’s record. Thus, if the relief granted is limited to that requested by the defendant, namely vacating his conviction and retuning fines and fees paid by the defendant without findings of fact or conclusions of law, the State would not oppose such relief.” (Emphasis added).