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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 1463 Views
Yeah it's pretty damn disgusting and frustrating... ironclad - 22/09/2011 04:08:05 PM 773 Views
Well nossy - 22/09/2011 06:57:37 PM 810 Views
And yet the Supreme Court didn't stop it. You're a lawyer right? Dark Knight - 22/09/2011 04:19:05 PM 833 Views
Well, that right there was an ignorant thing to say. Dannymac - 22/09/2011 04:32:49 PM 895 Views
But they get all the media attention Dark Knight - 22/09/2011 04:45:03 PM 775 Views
Er. Nate - 22/09/2011 05:09:44 PM 786 Views
What about the t-shirts? *NM* Dark Knight - 22/09/2011 05:47:49 PM 322 Views
Heh... you should perhaps Google 'The West Memphis 3' Jacob - 22/09/2011 05:29:06 PM 858 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 643 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 334 Views
And this is a typically illogical argument. Cannoli - 22/09/2011 11:11:48 PM 812 Views
You're kidding, right? Dannymac - 23/09/2011 02:55:44 PM 761 Views
Re: You're kidding, right? ßelals Girl - 23/09/2011 07:36:38 PM 780 Views
Juror bias. *NM* Ghavrel - 23/09/2011 08:35:10 PM 305 Views
the jury was majority black *NM* random thoughts - 23/09/2011 09:03:48 PM 314 Views
In this instance, yes. *NM* Ghavrel - 23/09/2011 09:30:10 PM 274 Views
Your evidence for that? *NM* ßelals Girl - 23/09/2011 11:33:58 PM 312 Views
Twenty-one years of life in the American South. Ghavrel - 24/09/2011 12:40:10 AM 734 Views
Of course I'm interested ßelals Girl - 24/09/2011 04:03:51 AM 674 Views
From me being too involved with the subject material. I apologize. Ghavrel - 24/09/2011 11:16:06 AM 653 Views
No worries ßelals Girl - 24/09/2011 07:10:40 PM 640 Views
While I largely agree with your argument, I agree more with Cannoli on the NAACP. Joel - 23/09/2011 07:46:06 PM 712 Views
Wow ßelals Girl - 23/09/2011 07:50:06 PM 619 Views
It happens. Joel - 25/09/2011 03:09:00 PM 671 Views
yes the "you born white what more do you want" argument *NM* random thoughts - 23/09/2011 09:03:04 PM 305 Views
From what I've read it is pretty disturbing snoopcester - 22/09/2011 04:27:44 PM 844 Views
Huh. Nate - 22/09/2011 04:47:20 PM 842 Views
That jumped out at me too. Sareitha Sedai - 22/09/2011 04:50:52 PM 764 Views
What really confuses me Dark Knight - 22/09/2011 04:58:32 PM 718 Views
That's a good question and I really wish it would be addressed. Sareitha Sedai - 22/09/2011 05:05:40 PM 798 Views
Re: That's a good question and I really wish it would be addressed. Macharius - 22/09/2011 05:21:59 PM 858 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 695 Views
Well... Jacob - 22/09/2011 05:18:54 PM 874 Views
So if I understand you correctly... LadyLorraine - 22/09/2011 05:23:00 PM 812 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 281 Views
almost random thoughts - 22/09/2011 08:25:06 PM 713 Views
Re: Well... Macharius - 22/09/2011 05:29:03 PM 769 Views
I know one reason is that MightyYT - 22/09/2011 08:27:41 PM 771 Views
it is only confusing because the evidence isn't really that shaky random thoughts - 22/09/2011 08:54:21 PM 754 Views
you are innocent until proven guilty random thoughts - 22/09/2011 05:34:57 PM 791 Views
You must change your perspective..... Jeordam - 22/09/2011 07:33:20 PM 766 Views
Well said *NM* Dark Knight - 22/09/2011 08:49:56 PM 337 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 792 Views
On its face, that is a good reason. Joel - 22/09/2011 10:07:44 PM 813 Views
I completely support the Death Penalty without question..... trzaska2000 - 22/09/2011 08:27:54 PM 695 Views
Unreasonable doubt is impossible to eliminate. Joel - 22/09/2011 09:54:43 PM 777 Views
Doubt can be eliminated.....any question about Dalmer? trzaska2000 - 23/09/2011 01:00:52 PM 756 Views
Maybe he was framed by an enemy, government conspiracy or aliens. Joel - 23/09/2011 01:54:21 PM 715 Views
Jigga what? *NM* trzaska2000 - 23/09/2011 03:36:07 PM 341 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 695 Views
Circumstantial evidence is not, I believe, a bar to conviction. Joel - 22/09/2011 09:43:56 PM 668 Views
Regarding the salvation thing, that is an argument FOR the death penalty, in my mind. Cannoli - 22/09/2011 11:37:16 PM 744 Views
That motive is seflish and thus fatal. Joel - 23/09/2011 01:17:00 AM 675 Views
Bullshit Cannoli - 25/09/2011 03:53:05 AM 906 Views
Where do YOU get the idea that imperfect contrition is good enough? Joel - 25/09/2011 02:29:18 PM 1183 Views
Thank God you're not an evangelist. Dannymac - 23/09/2011 02:59:06 PM 709 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 697 Views
lol roman catholicism *NM* Ghavrel - 25/09/2011 04:39:55 AM 285 Views
Not just Roman Catholics, y'know, everyone who thinks God was not BSing about judgement. Joel - 25/09/2011 09:47:12 PM 758 Views
lol hellfire and brimstone *NM* Ghavrel - 26/09/2011 12:12:28 AM 279 Views
I suppose in a consequences free world everything is a source of amusement. Joel - 26/09/2011 12:33:14 AM 899 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 792 Views
. Two Wongs - 23/09/2011 08:21:38 AM 735 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 285 Views
Yes; it's the uncertainties that count. Either way. Two Wongs - 25/09/2011 04:15:48 AM 559 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 856 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 782 Views
I kind of agree. Vivien - 24/09/2011 12:05:27 AM 743 Views
Well, I wouldn't call eyewitness accounts circumstancial evidence. Vivien - 23/09/2011 11:45:48 PM 718 Views
Eyewitness testimony is incredibly unreliable. *NM* Ghavrel - 24/09/2011 12:39:51 AM 283 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 716 Views
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