NCJ Number
146544
Journal
ABA Journal Volume: 79 Dated: (December 1993) Pages: 38-48
Date Published
1993
Length
11 pages
Annotation
In an abduction-murder case, investigators have produced enough evidence to cast doubt on the conviction and death sentencing of an accused man.
Abstract
The author raises the question of whether the jury would have found the defendant guilty beyond a reasonable doubt if it had known certain facts that were later introduced. These facts include the following: 1) Three witnesses claimed to have seen another suspect and a vehicle near the scene of the crime, and no one claimed to have seen the accused there; 2) Local police steered lawyers away from a prime suspect, erroneously saying that the suspect had been in jail at the time of the murder; 3) The only on-site forensic evidence at trial had been produced under makeshift conditions, and findings amended to conform to the prosecution's theory; 4) A crime-scene photograph showed a bullet hole larger than the .22 caliber slug taken from the victim¦s body; 5) Photographs and measurements suggested a mismatch between the accused's vehicle and the one at the scene; and 6) Location of an article of clothing worn by the victim suggested that at least two perpetrators may have been involved. The condemned man now awaits a new trial.