Posted By Cliff Tuttle | March 10, 2011
Prosecutors filed a search warrant application on March 8 that indicates their strategy in phase II of this case.
The warrant seeks to obtain a group of defense exhibits presently in custody of the court, containing handwritten notes by Senator Orie. The handwritten comments were exculpatory, in that they indicated that Senator Orie gave instructions such as that employees doing campaign work during regular working hours should do “comp time”.
Several documents containing handwritten comments and/or messages in the margins of typewritten documents were shown by defense counsel while cross-examining prosecution witnesses. The witnesses recognized the typewritten documents, as well as Jane Orie’s handwriting, but none of them remembered seeing any of the documents containing Senator Orie’s handwritten message.
Later, when Senator Orie testified that she had written and sent these and other documents, they were introduced into evidence.
What the prosecution hopes to do is to prove my scientific testing that the handwritten notes were not written at the time of the original documents, but close to the time of trial.
The search warrant application states that the discrepancy was discovered while the prosecution was putting their copies of defense exhibits in order while the jury was deliberating.
The prosecution intends to submit the documents to the US Secret Service to test the ink, paper and handwriting.
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