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Judges and court clerks will sometimes go to great lengths to destroy a case, from outright refusal to abide by court rules, to destroying evidence. Below is an Order, written by a seemly fair federal judge, after a videotape evidence was lost in his court. It is unclear who lost the evidence. The sanctity of court evidence is absolutely essential
for litigants to obtain Due Process. If we can not trust the Court to protect our evidence, how do we defend against
false charges?
IN THE UNITED STATES DISTRICT COURT Bradley W. Barber, Plaintiff vs. Polly Conradi, et. al., Defendants Case No. CV95-BU-1229-S ORDER
The above-entitled civil action is before the undersigned
magistrate judge upon the reference from United States District Judge H. Dean Buttram, Jr., of plaintiff's "Motion
for Evidence Protection" [Doc. #56]. Mr. Barber has provided the court with a videotape that is the property
of the National Congress for Fathers and Children, of which Mr. Barber is the current president. The videotape
was purchased by the group for its archives from WVTM 13, a local news broadcast station, and is submitted by plaintiffs
as evidence in opposition to defendants' motion for summary judgment, Mr. Barber had filed a copy of the videotape
with the court previously, but it appears the tape has been lost by the court since its filing. Plaintiff is concerned
that the original videotape also will be lost by the court. He asks for an order "directed to the safeguarding
of the . . . original videotape." S/ HARWELL G. DAVIS, III |
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