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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 12:56 PM
Original message
Rape Conviction Overturned Due To Note
Rape Conviction Overturned Due To Note

ORANGEBURG, S.C. -- A judge has thrown out a man's rape conviction because the jury that convicted him found something it wasn't supposed to see -- a purported confession stuck in the pocket of a pair of pants being examined in the jury room.

One juror revealed the discovery after the March conviction of Stanley Bradley.

Since the document had not been entered into evidence during trial, its discovery during deliberations tainted the jury, Circuit Judge Diane Goodstein wrote in her June 22 ruling, defense attorney Martin Banks said Tuesday.

Banks had filed a motion for a new trial in April after learning of the jury's discovery.

"You can't send a guy to prison on a tainted jury's decision," Banks said.

http://www.local6.com/news/4666159/detail.html
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 12:57 PM
Response to Original message
1. The judge did the right thing
under the rules of evidence, the jury was tainted and the conviction had to be overturned. The judge had no choiuce in the matter. The decision was clear. New trial.
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 12:58 PM
Response to Original message
2. Are you insinuating that a DA in SoCal screwed up?
I'm shocked, shocked!
:sarcasm:
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China_cat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:19 PM
Response to Reply #2
14. Uh, that SC is South Carolina
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RPM Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 12:58 PM
Response to Original message
3. just put him in a bar with victims family - someone will torch him.
Vigilantism is OK, right? Specially when it's firing a person with gasoline in a crowded bar, right?

:eyes:
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rinsd Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:05 PM
Response to Reply #3
7. Or you can just avoid dragging arguments from thread to thread.
:eyes:
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RPM Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:07 PM
Response to Reply #7
8. bwahahahahahahahaha
hahahahahahahahahahahahahah
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Kraklen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 12:59 PM
Response to Original message
4. Sounds like a good ruling.
Is that a mistrial? Or can he not be tried again?
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AllegroRondo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:04 PM
Response to Reply #4
6. Yes, they can re-try him.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:01 PM
Response to Original message
5. I'd like to know who put the confession in the pants (the pants being
evidence and all things contained in the pants SHOULD have been removed and labeled)

I'd really like to know who did that..also, the jury should have reported it upon "discovering" it.

my intense curiosity aside....the judge made the correct call.

what some people call technicalities, I call rights.




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Kraklen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:10 PM
Response to Reply #5
10. That is a serious question.
How can he get a fair trial if there's somebody working for the prosecution planting evidence.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:13 PM
Response to Reply #10
11. How do you know the defense didn't plant it to get the conviction
overturned?...or to even cause a mistrial (had the jury been honest enough to let someone know they found the letter when they first discovered it)

However it got there....it is a question I'd like to know the answer to
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Kraklen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:16 PM
Response to Reply #11
12. That's a possibility to I suppose.
But then again, how's a man supposed to get a fair trial if his defense is ridiculously incompetent? I sure hope it's fully investigated.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:18 PM
Response to Reply #12
13. I hope it's fully investigated as well
Edited on Wed Jun-29-05 01:18 PM by Solly Mack
When due process is not given the highest respect, we ALL suffer....
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lapfog_1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-29-05 01:53 PM
Response to Reply #5
15. Maybe he retained THIS guy as his lawyer...




(Can't leave anything to chance, ya know)
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GeekMonkey Donating Member (418 posts) Send PM | Profile | Ignore Wed Jun-29-05 01:08 PM
Response to Original message
9. right decision, new trial, if he's guilty once........
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