Defense attorneys for alleged UnitedHealthcare CEO shooter Luigi Mangione say prosecutors at the Manhattan district attorney's office violated his health privacy rights.
There were no cops that issued or used a grand jury subpoena in this specific instance.
Luigi’s Defense Counsel is asserting that the Prosecution Counsel issued a fradulent subpoena by way of sending Aetna a letter.
Yes, technically an officer of the court executes a subpoena directly issued by the judge in the course of … dealing with some kind of misconduct pertaining to the actual proceeding of a case, thats true, that category exists and happens…
But I was responding to a specific comment that specifically cited a stack overflow link, which included many examples of… not that category.
Though the Prosecution acts as an officer of the court, the Prosecution are asserted by Defense to have simply made up that Judge/Clerk signed off on a subpoena to Aetna… and then the Prosecution, again, not being an officer of the court, fraudulently ‘executed’ that subpoena.
By my reading of New York criminal law, yes, a District Attorney may issue, as an officer of the court, a subpoena pertaining to an ongoing case… but they must also follow all the procedural rules as described in greater detail by New York civil law…
And in New York civil law, it is clearly explained that the Prosecution would have had to actually file that subpoena with the judge/clerk.
They did not do this, because if they had, the court date cited in the Prosecution’s subpoena to Aetna… would have actually existed in the court’s records.
There were no cops that issued or used a grand jury subpoena in this specific instance.
Luigi’s Defense Counsel is asserting that the Prosecution Counsel issued a fradulent subpoena by way of sending Aetna a letter.
Yes, technically an officer of the court executes a subpoena directly issued by the judge in the course of … dealing with some kind of misconduct pertaining to the actual proceeding of a case, thats true, that category exists and happens…
But I was responding to a specific comment that specifically cited a stack overflow link, which included many examples of… not that category.
Though the Prosecution acts as an officer of the court, the Prosecution are asserted by Defense to have simply made up that Judge/Clerk signed off on a subpoena to Aetna… and then the Prosecution, again, not being an officer of the court, fraudulently ‘executed’ that subpoena.
By my reading of New York criminal law, yes, a District Attorney may issue, as an officer of the court, a subpoena pertaining to an ongoing case… but they must also follow all the procedural rules as described in greater detail by New York civil law…
And in New York civil law, it is clearly explained that the Prosecution would have had to actually file that subpoena with the judge/clerk.
They did not do this, because if they had, the court date cited in the Prosecution’s subpoena to Aetna… would have actually existed in the court’s records.
It does not.