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    If Casey Anthony had been convicted of murder, it would have been overturned

    If Casey Anthony had been convicted of murder, it would have been overturned

    At least if this NY Times report that the prosecution failed to disclose that crucial computer evidence contradicted the prosecutors’ trial claims is true:

    The Orange County Sheriff’s Office had used the software to validate its finding that Ms. Anthony had searched for information about chloroform 84 times, a conclusion that Mr. Bradley says turned out to be wrong. Mr. Bradley said he immediately alerted a prosecutor, Linda Drane Burdick, and Sgt. Kevin Stenger of the Sheriff’s Office in late June through e-mail and by telephone to tell them of his new findings. Mr. Bradley said he conducted a second analysis after discovering discrepancies that were never brought to his attention by prosecutors or the police.

    Mr. Bradley’s findings were not presented to the jury and the record was never corrected, he said. Prosecutors are required to reveal all information that is exculpatory to the defense.

    None of this sheds light on whether Anthony killed her daughter, but if the prosecution in a death penalty case withheld exculpatory evidence and presented false evidence at the trial, then there will be more fallout from this case. 

    If and when the prosecution responds, I’ll link the response (if you see a response, help me out by posting it in the comments).


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    […] least our buddies at Legal Insurrection are waiting for the other side … well here it is. Share […]

    Here is the other side of the NY Times story from those that follow crime stories.

    As we all know there are always 2 if not 3 sides to every story. The defense was told of the descrepencies.

    After the results were mentioned in court on June 23rd, Mr. Bradley contacted the State the same day. He consulted as to a potential rebuttal to the defense regarding the error in his program and recommended using Net Analysis findings. All findings had previously been supplied to the defense in discovery.

    On June 27th the discrepancy was discussed with Mr. Baez and both he & the prosecution agreed to use the Net Analysis return of 1 site visit count as the most accurate information available at the time. If additional information became available, the State agreed to disclose. Mr. Baez brought the discrepancy forward in court testimony and again at closing with his court exhibit.

    obpopulus | July 20, 2011 at 12:59 pm

    Many issues with the prosecution of this case. Top among them is the fact that the prosecution never established a cause of death, an indispensable requirement for a homicide charge:

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