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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 1682 Views
Yeah it's pretty damn disgusting and frustrating... ironclad - 22/09/2011 04:08:05 PM 980 Views
Well nossy - 22/09/2011 06:57:37 PM 1018 Views
And yet the Supreme Court didn't stop it. You're a lawyer right? Dark Knight - 22/09/2011 04:19:05 PM 1028 Views
Well, that right there was an ignorant thing to say. Dannymac - 22/09/2011 04:32:49 PM 1097 Views
But they get all the media attention Dark Knight - 22/09/2011 04:45:03 PM 987 Views
Er. Nate - 22/09/2011 05:09:44 PM 990 Views
What about the t-shirts? *NM* Dark Knight - 22/09/2011 05:47:49 PM 410 Views
Heh... you should perhaps Google 'The West Memphis 3' Jacob - 22/09/2011 05:29:06 PM 1101 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 836 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 431 Views
And this is a typically illogical argument. Cannoli - 22/09/2011 11:11:48 PM 1002 Views
You're kidding, right? Dannymac - 23/09/2011 02:55:44 PM 972 Views
Re: You're kidding, right? ßelals Girl - 23/09/2011 07:36:38 PM 992 Views
Juror bias. *NM* Ghavrel - 23/09/2011 08:35:10 PM 395 Views
the jury was majority black *NM* random thoughts - 23/09/2011 09:03:48 PM 409 Views
In this instance, yes. *NM* Ghavrel - 23/09/2011 09:30:10 PM 365 Views
Your evidence for that? *NM* ßelals Girl - 23/09/2011 11:33:58 PM 406 Views
Twenty-one years of life in the American South. Ghavrel - 24/09/2011 12:40:10 AM 927 Views
Of course I'm interested ßelals Girl - 24/09/2011 04:03:51 AM 866 Views
From me being too involved with the subject material. I apologize. Ghavrel - 24/09/2011 11:16:06 AM 841 Views
No worries ßelals Girl - 24/09/2011 07:10:40 PM 840 Views
While I largely agree with your argument, I agree more with Cannoli on the NAACP. Joel - 23/09/2011 07:46:06 PM 913 Views
Wow ßelals Girl - 23/09/2011 07:50:06 PM 814 Views
It happens. Joel - 25/09/2011 03:09:00 PM 863 Views
yes the "you born white what more do you want" argument *NM* random thoughts - 23/09/2011 09:03:04 PM 403 Views
From what I've read it is pretty disturbing snoopcester - 22/09/2011 04:27:44 PM 1036 Views
Huh. Nate - 22/09/2011 04:47:20 PM 1035 Views
That jumped out at me too. Sareitha Sedai - 22/09/2011 04:50:52 PM 962 Views
What really confuses me Dark Knight - 22/09/2011 04:58:32 PM 912 Views
That's a good question and I really wish it would be addressed. Sareitha Sedai - 22/09/2011 05:05:40 PM 1022 Views
Re: That's a good question and I really wish it would be addressed. Macharius - 22/09/2011 05:21:59 PM 1052 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 937 Views
Well... Jacob - 22/09/2011 05:18:54 PM 1058 Views
So if I understand you correctly... LadyLorraine - 22/09/2011 05:23:00 PM 1002 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 369 Views
almost random thoughts - 22/09/2011 08:25:06 PM 916 Views
Re: Well... Macharius - 22/09/2011 05:29:03 PM 978 Views
I know one reason is that MightyYT - 22/09/2011 08:27:41 PM 983 Views
it is only confusing because the evidence isn't really that shaky random thoughts - 22/09/2011 08:54:21 PM 987 Views
you are innocent until proven guilty random thoughts - 22/09/2011 05:34:57 PM 986 Views
You must change your perspective..... Jeordam - 22/09/2011 07:33:20 PM 958 Views
Well said *NM* Dark Knight - 22/09/2011 08:49:56 PM 440 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 985 Views
On its face, that is a good reason. Joel - 22/09/2011 10:07:44 PM 1031 Views
I completely support the Death Penalty without question..... trzaska2000 - 22/09/2011 08:27:54 PM 888 Views
Unreasonable doubt is impossible to eliminate. Joel - 22/09/2011 09:54:43 PM 974 Views
Doubt can be eliminated.....any question about Dalmer? trzaska2000 - 23/09/2011 01:00:52 PM 1039 Views
Maybe he was framed by an enemy, government conspiracy or aliens. Joel - 23/09/2011 01:54:21 PM 899 Views
Jigga what? *NM* trzaska2000 - 23/09/2011 03:36:07 PM 510 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 909 Views
Circumstantial evidence is not, I believe, a bar to conviction. Joel - 22/09/2011 09:43:56 PM 879 Views
Regarding the salvation thing, that is an argument FOR the death penalty, in my mind. Cannoli - 22/09/2011 11:37:16 PM 928 Views
That motive is seflish and thus fatal. Joel - 23/09/2011 01:17:00 AM 917 Views
Bullshit Cannoli - 25/09/2011 03:53:05 AM 1099 Views
Where do YOU get the idea that imperfect contrition is good enough? Joel - 25/09/2011 02:29:18 PM 1426 Views
Thank God you're not an evangelist. Dannymac - 23/09/2011 02:59:06 PM 921 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 905 Views
lol roman catholicism *NM* Ghavrel - 25/09/2011 04:39:55 AM 378 Views
Not just Roman Catholics, y'know, everyone who thinks God was not BSing about judgement. Joel - 25/09/2011 09:47:12 PM 955 Views
lol hellfire and brimstone *NM* Ghavrel - 26/09/2011 12:12:28 AM 371 Views
I suppose in a consequences free world everything is a source of amusement. Joel - 26/09/2011 12:33:14 AM 1118 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 1019 Views
. Two Wongs - 23/09/2011 08:21:38 AM 940 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 381 Views
Yes; it's the uncertainties that count. Either way. Two Wongs - 25/09/2011 04:15:48 AM 750 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 1077 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 975 Views
I kind of agree. Vivien - 24/09/2011 12:05:27 AM 1002 Views
Well, I wouldn't call eyewitness accounts circumstancial evidence. Vivien - 23/09/2011 11:45:48 PM 919 Views
Eyewitness testimony is incredibly unreliable. *NM* Ghavrel - 24/09/2011 12:39:51 AM 378 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 904 Views
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