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re: Melanie Curtin conviction over turned.

Posted on 10/5/23 at 7:12 pm to
Posted by TheSadvocate
North Shore
Member since Aug 2020
3873 posts
Posted on 10/5/23 at 7:12 pm to
quote:

Why didn’t her lawyers provide the evidence? Am I missing something?


The prosecution has control of the evidence. They apparently "forgot"'about some
Posted by LSUJML
Central
Member since May 2008
46975 posts
Posted on 10/5/23 at 7:35 pm to
quote:

They apparently "forgot"'about some


That’s kinda where I was going with my question
They are required to turn over what they have
I am guessing they can just “forget” & if they get caught the conviction is over turned & they start all over at tax payers expense without any sanctions?
Posted by dallastigers
Member since Dec 2003
5784 posts
Posted on 10/6/23 at 12:20 am to
quote:

The prosecution has control of the evidence. They apparently "forgot"'about some



New evidence found after trial that is relevant to victim saying she would never consent to being filmed having sex with multiple people (affidavit later found from prior divorce in Alabama admitting filming sex with other couples);

Video evidence of victim with Perkins the original judge didn’t allow based on shield law which was relevant as far as questioning victim not consenting to the sex acts with Perkins in video of crime which affects the aggravated part of the aggravated rape charge and relevant to the voyeurism charge & victim saying she would never consent to being film with 3rd person present (similar acts with Perkins including possibly acting like she was passed out with sheet over head & filmed and sex act with Perkins with another female present & also filmed) and should have been allowed; and

evidence the original judge allowed about defendant’s sexual past with Perkins and with an unknown male unrelated to criminal charges or defendant’s testimony that shouldn’t have been allowed.

The one pic that the prosecution didn’t share beforehand wasn’t exculpatory but about defendant’s sexual past with the 3rd party unrelated to case or any testimony by defendant. The judge shouldn’t have allowed it but did.

This post was edited on 10/6/23 at 12:24 am
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