I have a case where the defense attorney (also the defendant's father) had filed a BRA with a document att'd that is false. It also is the only document that provides him with an alibi.

Has anyone ever requested a hearing or filed a motion to challenge the authenticity of a BRA?

Alright Scott and Greg, it's all yours. I'm not touching this one, or mentioning Raquel Welch or Anna Nicole Smith Stern Johnson Clinton Elbowitz.

No, but I want to be there when it is unhooked....I mean heard....by the court.

I guess we should be glad he didn't file a BRO, you know, the male support garment popularized by Mr. Castanza and Kramer.

My acronym ability has failed me, but what is a BRA, I ask (as I ready myself for the posts that will follow)? A bond reduction agreement? A business records affidavit? A band refreshment agreement?

I thought that was a man-sierre?

quote:

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Originally posted by kpm:
I have a case where the defense attorney (also the defendant's father) had filed a BRA with a document att'd that is false. It also is the only document that provides him with an alibi.

Has anyone ever requested a hearing or filed a motion to challenge the authenticity of a BRA?

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After thinking about this one, I'm guessing now it is a business records affidavit, and that dear old dad filed it to help his feloniously accused spawn. If there is a document that is false, certainly you can challenge the admissibility of it. Obviously it could be challenged at the time the defendant sought to admit same, but some sort of Motion to Quash (squash in prison lingo-see Jane's longest thread ever).

I'm sure you don't want to get into the facts of the case here, but I'd love to know what kind of document would give him an alibi. I would think there is some form of criminal statute prohibiiting such activity.

Unless it really was a Bra, a real bra that was filed with the clerk, and I guess that could only be an alibi if it came from someone (I almost said some female but then there is always the perennial crossdressing mayorial candidate in your town)who was allegedly with the defendant at the time of the crime. And her/his bra somehow served as an alibi. I'll stop now.

I would also think there would be State Bar implications if a false document was filed with the clerk by an officer of the clerk, regardless of whether they are the daddy or not.

I think GG (respecting his initial decision) is on the right track. A motion in limine is probably the way to challenge the affidavit or its contents in the pretrial setting. Otherwise, an objection to admissibility when it's offered is available. There. Now that I've offered what purports to be legal analysis ...

We once had an inmate in a jail conditions civil rights case file an affidavit in response to our motion for summary judgment which had an exhibit. The exhibit? A cockroach. Yes, an actual cockroach taped to the paper on which the affidavit had been written (in beautiful penmanship, I might add). The copy he served on us had a drawing of the cockroach (with eight legs -- I guess he didn't do too well in high school biology). I suppose that made the document a BRA: big roach affidavit. Our objection? The roach had not been demonstrated to be competent to testify or qualified as an expert.

[This message was edited by Scott Brumley on 03-29-07 at .]

When a defense attorney files a BRA that is false, this is what you do. Wait until trial, and then ask your caddy what to do. You should then follow your caddy's advice and ask that the Defendant try on the BRA.

Can anyone say..."If it don't fit, you must aquit"

I dunno, Scott, isn't Pantex near Amarillo? Maybe y'all's jail cockroaches have evolved somewhat . . .

I remember my friend driving through Pantex to pick up his mother from prison - in the rain. Quite a drive from Hogwaller: He slipped through the expanding limits of La, Tex, maneuvered through the narrow lanes of Vor, Tex, got gas at En, Tex; took the kids to the park at Play, Tex. Finally found happiness at Blis, Tex.

Exit only or turn around and forget it all happened.