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re: Melanie Curtin conviction over turned.

Posted on 10/5/23 at 9:07 pm to
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
64208 posts
Posted on 10/5/23 at 9:07 pm to
quote:

It's the rules. Can't withold evidence that could prove innocence.

Assuming that prosecution had the evidence and didn't share it.


It's called exculpatory evidence and if proven that it was withheld, not only should she get a new trial but the prosecutors from the first trial should have their own trial, and at the very least be disbarred.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27163 posts
Posted on 10/5/23 at 9:12 pm to
quote:

It's called exculpatory evidence and if proven that it was withheld, not only should she get a new trial but the prosecutors from the first trial should have their own trial, and at the very least be disbarred.


At least from this opinion, no indication that it was withheld by the prosecution. Perkins' attorney had it in a box of documents provided by the family. Unless that document was provided to the State, and there's no indication that it was, it's not really anyone's fault. And considering Perkins plead after this trial, I don't think it's reasonable to expect his attorney to have given it to anyone while Perkins' case was still pending.
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