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They referred to the information as "Brady material," a reference to a case in which prosecution material was favorable to the defendant.
Mr. MacMahon said the delay would allow his team to follow up on some of the evidence in the prosecution material, including tracking down potential defense witnesses.
They said in papers filed in the federal court in Alexandria, Va., that their initial review of the prosecution material contained on more than 1,300 computer discs would not be completed until mid-August, and that there was no way they could adequately follow up on leads if the trial began on schedule on Sept. 30.
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That, of course, would cause trouble in other prosecutions where "material support" is a charge, including the case against Khalid Shaikh Mohammed and four others accused of helping plan the Sept. 11 attacks.
The designation provides the Department of Justice with new means of bringing prosecutions for material support of the Haqqani network, which has raised money among conservative Muslims in the Persian Gulf since the 1980s.
In the scenario where the defendant may be guilty but there is not enough evidence provided by the prosecution at the material time when she signed the Notice of Intended Prosecution (between 3-7 May 2003) to feel sure beyond reasonable doubt, what should the verdict be – not guilty or unable/unsafe to provide a verdict?
2. In the scenario where the defendant may be guilty but there is not enough evidence provided by the prosecution at the material time of when she signed [the penalty notice letter] to feel sure beyond reasonable doubt, what should the verdict be: not guilty or unable/unsafe to provide a verdict? 3.
Another ground, based upon the U.S. Supreme Court's decision in Brady v. Maryland (1963), is the failure of the prosecution to disclose material, exculpatory evidence to the defense.
A separate set of regulations from the Crown Prosecution Service bars material that shows acts such as fisting, bondage, or realistic portrayals of rape.
It cites numerous prosecutions under the "material support" law, which makes it a crime to provide any aid, even in the form of speech, to a blacklisted organization, even if that assistance is not intended to and in fact does not further violence.
"In their view [that of the Crown Prosecution Service] the material that we were able to gather... fell well short of being admissible evidence," he said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com