Tampering
What is Evidence Tampering
Eastern District of New York, it is claimed that the government manufactured evidence to gain a conviction. A judge just ruled discovery rules do not apply.
What are the consequences if government agents conduct unauthorized operations with no errors, setting a precedent where evidence alterations go undetected and unchallenged?”
Suneel Chakravorty
On March 7, 2024, Eastern District of New York Senior Judge Nicholas G. Garaufis ruled in the case of US v. Raniere, setting a potentially precedent-setting stance on evidence handling.
The Federal government secretly used an unidentified FBI “photograph technician,” and is being accused of altering and forensically manipulating an unpreserved, key piece of evidence. The agents who were involved in this kept the FBI “photograph technician” off of the chain of custody. (See Doc 1230, 1233, and 1235, linked below.) This operation, and the existence of this FBI ‘photograph technician’ remained hidden until four years after the trial, challenging the integrity of the legal process.
However, Judge Garaufis just ruled that the government is not required to turn over any discovery materials relating to this operation. (See Doc. 1238)
This establishes a concerning precedent in the Eastern District of New York, allowing prosecution teams or FBI agents to involve unauthorized internal or external experts in the examination of original, unpreserved evidence while excluding them from the official chain of custody records. Furthermore, should such involvement be uncovered in the future, there is no obligation to disclose the identity of these experts or details regarding their actions.
In the Raniere case, the mishandled evidence at issue is a Canon camera and memory card, which the government argued was the source of alleged contraband and established the link between the photos and the defendant. This item was crucial evidence, which the government said was “at the heart” of their case. The government has conceded it was altered in FBI custody, and seven Defense forensic experts, including four former FBI forensic examiners, have further concluded that the memory card was intentionally tampered with.
The government disclosed the existence of the secret operation only when responding to the Defense’s motion for a new trial, which showed that file dates on the camera card had been altered while in FBI custody. The government’s revelation was made to assert that the mishandling and alteration of evidence was innocent – not “law enforcement ‘tampering’.”
This situation poses a stark question that may affect future cases: What are the consequences if government agents conduct unauthorized operations with no errors, setting a precedent where evidence alterations go undetected and unchallenged?
Mr. Raniere is represented by a formidable legal team, including Professor Alan Dershowitz, the firms of Arthur Aidala, and Joseph Tully.
Links to relevant legal motions and filings cited above are available here: https://linktr.ee/fbiphototech
Suneel Chakravorty
Advocates for Rule 33
+1 212 220-3898
email us here
Visit us on social media:
Other
LinkedIn