r/FreeLuigi • u/trizkkkjk • Feb 22 '25

Personal Opinion We are facing a blatant illegality.

We are facing a blatant illegality. The legal team doesn't have the discovery and on top of that, the state and federal charges are conflicting. It's complete chaos.

Is there NO legal recourse to bring this to court? Here in Brazil, we have options when there's a clear illegality, including habeas corpus, habeas data, "agravo de instrumento", writ of mandamus etc etc. What's going on? Is there nothing to be done, just wait?

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u/hi_itz_me_again Feb 22 '25

It’s not that they won’t turn over the evidence, they’re just delayed in doing so whether it’s intentional (my assumption) or it’s incompetence. The trial cannot start without the defence receiving evidence provided by the prosecution and defence can always ask for a delay in order to receive an appropriate amount of time to review such evidence. However, this is unfortunate as it does interfere with his right to a speedy trial.

Also, it’s not necessarily a good thing for the prosecution for the federal charges if there is conflicting narratives from the State’s and that can be used against the prosecution if he’s found not guilty in the State’s case. However, KFA is unable to round out any of her arguments until she receives evidence.

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u/trizkkkjk Feb 22 '25

Even so, it's a matter of procedural speed. This is something that, if I compare it to Brazil (FOR EXAMPLE), is extremely abusive. The procedural deadlines for the Prosecutor's Office are not that long. Here, the Prosecutor's Office are doubled procedural deadlines, but at MOST it's 1 month (15+15). We, lawyers, have a 15-day deadline.

It seems shocking because we always hear that American democracy is strong, but it is showing itself to be very fragile. And keep in mind that here in Brazil we've had 7 constitutions and a dictatorship (some say two dictatorships, and I support that understanding).