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almost random thoughts Send a noteboard - 22/09/2011 08:25:06 PM
What would have had to happen was:

1) Prove witnesses had been coerced/given inappropriate testimony


and prove that it would have changed the outcome. That is hard in this case since they still have two witnesses and the people who recanted simply changed to they were not sure who did it. Even with only two eye witnesses it would still be a pretty strong case so it doesn't change things enough to assume the outcome would have been different.

2) Use this evidence to declare mistrial

3) Go through an entirely "new trial" with a new jury (that are somehow ignorant/objective of what has been going on)

4) Be proved innocent in THAT trial.


No in the second trial he would be again to be assumed innocent and they would have to prove he is guilty not the other way around.

And the clincher becomes step one. Is that correct?


Step one is a lot more complicated than that but that is the essential process.
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i'm proud to live in a country where you can be executed based on circumstantial evidence... moondog - 22/09/2011 04:06:07 PM 1580 Views
Yeah it's pretty damn disgusting and frustrating... ironclad - 22/09/2011 04:08:05 PM 874 Views
Well nossy - 22/09/2011 06:57:37 PM 915 Views
And yet the Supreme Court didn't stop it. You're a lawyer right? Dark Knight - 22/09/2011 04:19:05 PM 931 Views
Well, that right there was an ignorant thing to say. Dannymac - 22/09/2011 04:32:49 PM 997 Views
But they get all the media attention Dark Knight - 22/09/2011 04:45:03 PM 876 Views
Er. Nate - 22/09/2011 05:09:44 PM 890 Views
What about the t-shirts? *NM* Dark Knight - 22/09/2011 05:47:49 PM 364 Views
Heh... you should perhaps Google 'The West Memphis 3' Jacob - 22/09/2011 05:29:06 PM 961 Views
Cameron Todd Willingham is white, and his story is a national one since Perry is running for Pres Roland00 - 23/09/2011 03:41:52 PM 742 Views
those numbers are less schocking when you consider that blacks commet a lot more murders *NM* random thoughts - 22/09/2011 05:43:51 PM 378 Views
And this is a typically illogical argument. Cannoli - 22/09/2011 11:11:48 PM 911 Views
You're kidding, right? Dannymac - 23/09/2011 02:55:44 PM 885 Views
Re: You're kidding, right? ßelals Girl - 23/09/2011 07:36:38 PM 893 Views
Juror bias. *NM* Ghavrel - 23/09/2011 08:35:10 PM 349 Views
the jury was majority black *NM* random thoughts - 23/09/2011 09:03:48 PM 360 Views
In this instance, yes. *NM* Ghavrel - 23/09/2011 09:30:10 PM 317 Views
Your evidence for that? *NM* ßelals Girl - 23/09/2011 11:33:58 PM 357 Views
Twenty-one years of life in the American South. Ghavrel - 24/09/2011 12:40:10 AM 833 Views
Of course I'm interested ßelals Girl - 24/09/2011 04:03:51 AM 773 Views
From me being too involved with the subject material. I apologize. Ghavrel - 24/09/2011 11:16:06 AM 744 Views
No worries ßelals Girl - 24/09/2011 07:10:40 PM 747 Views
While I largely agree with your argument, I agree more with Cannoli on the NAACP. Joel - 23/09/2011 07:46:06 PM 817 Views
Wow ßelals Girl - 23/09/2011 07:50:06 PM 718 Views
It happens. Joel - 25/09/2011 03:09:00 PM 771 Views
yes the "you born white what more do you want" argument *NM* random thoughts - 23/09/2011 09:03:04 PM 348 Views
From what I've read it is pretty disturbing snoopcester - 22/09/2011 04:27:44 PM 940 Views
Huh. Nate - 22/09/2011 04:47:20 PM 940 Views
That jumped out at me too. Sareitha Sedai - 22/09/2011 04:50:52 PM 872 Views
What really confuses me Dark Knight - 22/09/2011 04:58:32 PM 813 Views
That's a good question and I really wish it would be addressed. Sareitha Sedai - 22/09/2011 05:05:40 PM 920 Views
Re: That's a good question and I really wish it would be addressed. Macharius - 22/09/2011 05:21:59 PM 955 Views
If the original trial is shown to be flawed that's supposed to require a new trial. Joel - 22/09/2011 08:25:51 PM 824 Views
Well... Jacob - 22/09/2011 05:18:54 PM 975 Views
So if I understand you correctly... LadyLorraine - 22/09/2011 05:23:00 PM 914 Views
Yes, that is correct. And proving witness coercion is likely to be difficult if not impossible. *NM* Macharius - 22/09/2011 05:30:37 PM 324 Views
almost random thoughts - 22/09/2011 08:25:06 PM 814 Views
Re: Well... Macharius - 22/09/2011 05:29:03 PM 883 Views
I know one reason is that MightyYT - 22/09/2011 08:27:41 PM 870 Views
it is only confusing because the evidence isn't really that shaky random thoughts - 22/09/2011 08:54:21 PM 869 Views
you are innocent until proven guilty random thoughts - 22/09/2011 05:34:57 PM 897 Views
You must change your perspective..... Jeordam - 22/09/2011 07:33:20 PM 870 Views
Well said *NM* Dark Knight - 22/09/2011 08:49:56 PM 383 Views
If I understand the Supreme Court correctly, the reason they denied the stay of execution was MightyYT - 22/09/2011 08:25:14 PM 893 Views
On its face, that is a good reason. Joel - 22/09/2011 10:07:44 PM 916 Views
I completely support the Death Penalty without question..... trzaska2000 - 22/09/2011 08:27:54 PM 794 Views
Unreasonable doubt is impossible to eliminate. Joel - 22/09/2011 09:54:43 PM 877 Views
Doubt can be eliminated.....any question about Dalmer? trzaska2000 - 23/09/2011 01:00:52 PM 929 Views
Maybe he was framed by an enemy, government conspiracy or aliens. Joel - 23/09/2011 01:54:21 PM 813 Views
Jigga what? *NM* trzaska2000 - 23/09/2011 03:36:07 PM 458 Views
"I do not know if I was then a man dreaming I was a butterfly or am now a butterfly..." Joel - 23/09/2011 06:50:34 PM 797 Views
Circumstantial evidence is not, I believe, a bar to conviction. Joel - 22/09/2011 09:43:56 PM 778 Views
Regarding the salvation thing, that is an argument FOR the death penalty, in my mind. Cannoli - 22/09/2011 11:37:16 PM 837 Views
That motive is seflish and thus fatal. Joel - 23/09/2011 01:17:00 AM 787 Views
Bullshit Cannoli - 25/09/2011 03:53:05 AM 1009 Views
Where do YOU get the idea that imperfect contrition is good enough? Joel - 25/09/2011 02:29:18 PM 1306 Views
Thank God you're not an evangelist. Dannymac - 23/09/2011 02:59:06 PM 804 Views
And I pity the souls you have ministered to. They're in for a rude shock at their judgement Cannoli - 25/09/2011 04:01:05 AM 804 Views
lol roman catholicism *NM* Ghavrel - 25/09/2011 04:39:55 AM 329 Views
Not just Roman Catholics, y'know, everyone who thinks God was not BSing about judgement. Joel - 25/09/2011 09:47:12 PM 863 Views
lol hellfire and brimstone *NM* Ghavrel - 26/09/2011 12:12:28 AM 328 Views
I suppose in a consequences free world everything is a source of amusement. Joel - 26/09/2011 12:33:14 AM 999 Views
You really don't understand irony, do you? Particularly as it applies to your post about this case. Cannoli - 22/09/2011 11:26:49 PM 921 Views
. Two Wongs - 23/09/2011 08:21:38 AM 841 Views
A list of anecdotal wrongs does not prove anything. If convictions can be wrong, so can exonerations *NM* Cannoli - 25/09/2011 04:03:26 AM 330 Views
Yes; it's the uncertainties that count. Either way. Two Wongs - 25/09/2011 04:15:48 AM 662 Views
sorry if i don't have time to link to every thing i've read on the subject moondog - 23/09/2011 02:54:50 PM 993 Views
Well I would think you would have picked an article that offers some iota of proof of his innocence. Cannoli - 25/09/2011 04:14:45 AM 894 Views
I kind of agree. Vivien - 24/09/2011 12:05:27 AM 891 Views
Well, I wouldn't call eyewitness accounts circumstancial evidence. Vivien - 23/09/2011 11:45:48 PM 818 Views
Eyewitness testimony is incredibly unreliable. *NM* Ghavrel - 24/09/2011 12:39:51 AM 330 Views
Nor would I, but I've heard that lawyers say, "an eye witness is the worst witness you can have." Joel - 25/09/2011 03:23:53 PM 807 Views
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