Sorry this blog is about 8 hours past due on my every other day schedule!
What is "conflicted evidence?" How does this term relate to the Stacey Burns murder case?
Yesterday, I had the opportunity to chat with a prosecutor for the State of Arizona based in Phoenix, a city in which over two thousand people pass through the court system every day. He understands why the police investigators are so close-mouthed about the Stacey Burns murder. It is NEVER good to lose a case because it may mean that a guilty person walks free. Therefore, until prosecutors are thoroughly convinced that they have a strong case, they are wary of bringing a case to court. However, it does not have to be the (I don't like to use this phrase-too old and tired- the phrase, not me) slam-dunk case that the prosecution in New Hampshire is apparently searching for with the Stacey Burns case. Sometimes, it is worth the chance of a hung jury or a mistrial to try to nail a murderer. Conflicted evidence is likely at least one of the reasons that an arrest has not yet been made in the Stacey Burns case. What this means is that evidence which needs to point toward the alleged perpetrator instead points in a different direction, thereby diluting the "beyond a reasonable doubt" possibility, a situation a sharp defense lawyer could easily expose.
Of course, we don't know if the conflicting evidence is physical, i.e. missing a murder weapon or some other direct link to the crime or if it is a lab problem like unexplained DNA samples or finger prints, etc. What we do know is that there is a definite missing link in the case but what that is may never come to light unless the case is taken to the Grand Jury based on probable cause evidence and an arrest is made through that avenue. The question is whether or not it is worth the chance to make an arrest with only an eighty to eighty five percent chance of conviction rather than wait, perhaps a long time, until the prosecution has its (here's that phrase again!) slam-dunk case.
I'd love to hear some reaction to these blogs, either here or on Facebook as Duke Southard, Author or just plain Duke Southard.
Also, look for some changes in the section of Murder in a Small Town: The Tragic Death of Stacey Burns which has been published on my website. Those changes may not take effect until later today or tomorrow morning.
Duker
Sunday, August 5, 2012
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment