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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 1577 Views
Yeah it's pretty damn disgusting and frustrating... ironclad - 22/09/2011 04:08:05 PM 872 Views
Well nossy - 22/09/2011 06:57:37 PM 913 Views
And yet the Supreme Court didn't stop it. You're a lawyer right? Dark Knight - 22/09/2011 04:19:05 PM 928 Views
Well, that right there was an ignorant thing to say. Dannymac - 22/09/2011 04:32:49 PM 994 Views
But they get all the media attention Dark Knight - 22/09/2011 04:45:03 PM 874 Views
Er. Nate - 22/09/2011 05:09:44 PM 887 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 957 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 740 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 884 Views
Re: You're kidding, right? ßelals Girl - 23/09/2011 07:36:38 PM 891 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 830 Views
Of course I'm interested ßelals Girl - 24/09/2011 04:03:51 AM 771 Views
From me being too involved with the subject material. I apologize. Ghavrel - 24/09/2011 11:16:06 AM 742 Views
No worries ßelals Girl - 24/09/2011 07:10:40 PM 744 Views
While I largely agree with your argument, I agree more with Cannoli on the NAACP. Joel - 23/09/2011 07:46:06 PM 816 Views
Wow ßelals Girl - 23/09/2011 07:50:06 PM 716 Views
It happens. Joel - 25/09/2011 03:09:00 PM 769 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 938 Views
Huh. Nate - 22/09/2011 04:47:20 PM 938 Views
That jumped out at me too. Sareitha Sedai - 22/09/2011 04:50:52 PM 870 Views
What really confuses me Dark Knight - 22/09/2011 04:58:32 PM 810 Views
That's a good question and I really wish it would be addressed. Sareitha Sedai - 22/09/2011 05:05:40 PM 918 Views
Re: That's a good question and I really wish it would be addressed. Macharius - 22/09/2011 05:21:59 PM 952 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 974 Views
So if I understand you correctly... LadyLorraine - 22/09/2011 05:23:00 PM 910 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 812 Views
Re: Well... Macharius - 22/09/2011 05:29:03 PM 881 Views
I know one reason is that MightyYT - 22/09/2011 08:27:41 PM 868 Views
it is only confusing because the evidence isn't really that shaky random thoughts - 22/09/2011 08:54:21 PM 867 Views
you are innocent until proven guilty random thoughts - 22/09/2011 05:34:57 PM 895 Views
You must change your perspective..... Jeordam - 22/09/2011 07:33:20 PM 866 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 892 Views
On its face, that is a good reason. Joel - 22/09/2011 10:07:44 PM 913 Views
I completely support the Death Penalty without question..... trzaska2000 - 22/09/2011 08:27:54 PM 791 Views
Unreasonable doubt is impossible to eliminate. Joel - 22/09/2011 09:54:43 PM 876 Views
Doubt can be eliminated.....any question about Dalmer? trzaska2000 - 23/09/2011 01:00:52 PM 927 Views
Maybe he was framed by an enemy, government conspiracy or aliens. Joel - 23/09/2011 01:54:21 PM 811 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 794 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 836 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 1008 Views
Where do YOU get the idea that imperfect contrition is good enough? Joel - 25/09/2011 02:29:18 PM 1304 Views
Thank God you're not an evangelist. Dannymac - 23/09/2011 02:59:06 PM 802 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 801 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 861 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 997 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 917 Views
. Two Wongs - 23/09/2011 08:21:38 AM 838 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 660 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 991 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 892 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 816 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 805 Views
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