This is not a case of not remembering things correctly. This is not testimony that was stricken from the record. This is testimony that was given at the hearing that is not in the transcript and testimony that was not in the hearing being in the transcript.
I know what I heard and what I did not hear.
I am changing your practice area to Litigation Law in hopes you get some good answers from lawyers in that field.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
Have you spoken to your lawyer about this? Does he back you up? Because this claim, if true, means that the transcript typist has doctored up the record, which could be a crime. If this were my case, I would ask the prosecutor to join me in speaking privately to the chief judge about taking custody of the recording of the preliminary exam and comparing it to the transcript. But that assumes that my recall of the testimony and my notes support the idea that the transcript is inaccurate. Judges can be very antsy when anyone even hints at the idea that they want their own court reporter in the room, or want to record the proceeding. They react about the way a mother lion would if someone tried to mess with one of their cubs. If you want to hire a private lawyer to handle this, I hope you've got plenty of money available to pay him or her, because this sounds like a very volatile situation that could cause blowback against your lawyer. I doubt that any court-appointed lawyer would want to even mess with this issue, and a retained lawyer would want lots of money in return for the risks to his career.
Speak with your attorney, your allegations are very serious. Check with other attendees to determine if your recollections are shared. I would suspect you can access the tapes if you insist through your attorney.
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Hopefully you have an attorney so speak to him/her first. Yes, a copy of the audio can be requested from the court reporter but you have to do it quickly because they don't keep those audio files very long.
Most courts nowadays are video courtrooms. I don't know what court you were in, but if they had video recording, you should be able to order a copy of the video from the court. If there is no video, then they should at least have audio, which you could also obtain a copy of. I would contact the court reporter first. If the court reporter is not especially helpful, then I would contact the court administrator to order a copy. Expect to pay a fee for the recording.
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