Regional Murder Mysteries

[GUT]

G'day Stan

I wonder if he'd be willing to take a polygraph now that he's in the clear.

I know I wouldn't, either way.

[sdreid]

I wonder if he'd be willing to take a polygraph now that he's in the clear.

[Ginger]

In the US, the jury cannot make up things like that, and can only consider evidence that is introduced, not that the members infer.

I've been on a jury, and in our case at least, we ended up acquitting the fellow largely based on the experiences of myself and another member in having ridden in the back of a Chevy cargo van with a bare steel floor, and knowing in consequence that there was no way the defendant could possibly have overheard the discussion that the driver and passenger were having unless they were shouting.

The judge did tell us that we weren't go to look at the scene of the crime (he let us go home overnight), and that we had to rely upon the evidence presented, but it seemed very much common sense to all of us to make use of all available knowledge, and not treat it as an exercise in scoring a debate.

The prosecutor had proved that the defendant was in the van when a crime was being planned, but by no means had proved (or even tried to) that the defendant could overhear. The defense didn't say a word about that either. I'm guessing that neither one had ever ridden around in the back of one of those.

Unless the jury were explicitly told that those marks were there when the Dowaliby family moved in, then I think they made a reasonable assumption in treating them as evidence, since they were part of the photograph.

From a layman's point of view, it often appears that trials are more of a game than an attempt to discover the truth.

[sdreid]

I see that David Dowaliby's conviction was reversed outright and the Illinois Supreme Court refused to review that finding so he can not be retried.

[sdreid]

Since the conviction was overturned rather than reversed, I assume he could still be tried again although that is unlikely without some new evidence.

[RivkahChaya]

http://unsolvedmysteries.wikia.com/wiki/Jaclyn_Dowaliby[/url]

The Jaclyn Dowaliby case is very interesting in that the police consider it closed, because her father was brought to trial, convicted, and his conviction overturned. He is sometimes referred to as her stepfather, because he is her mother's second husband, but he adopted her. He was convicted because the jury saw what looked like impact marks from a fist on a door in a photo of one of the bedrooms from the house, and inferred that the father was violent.

The marks were not introduced as evidence, though, and were not made by the father, and in fact, were present already when the family bought the house. The photos were used just to show the layout of the house. The defense attorney learned this post-conviction, and used it to to get the verdict overturned. In the US, the jury cannot make up things like that, and can only consider evidence that is introduced, not that the members infer.

[sdreid]

Or wait and not see, whichever the case.

[sdreid]

Anyway, we will have to wait and see.

[sdreid]

That's certainly a part of it.

[GUT]

G'Day Stan

They won't have studio heads forcing them to falsify a solution because they think that's what the audience wants.

But they do want to sell tickets so may falsify a suspect because it's what they think the audience wants.

[sdreid]

They won't have studio heads forcing them to falsify a solution because they think that's what the audience wants.

[sdreid]

It looks like it might be an independent movie now which could possibly be better.

[sdreid]

According to the Torso Wiki article, the Torso movie is supposed to be back on the burner after being shelved - we'll see.

[sdreid]

I see where James Badal has a new book out entitled Hell's Wasteland which covers the Pennsylvania Torso Murders.

I assume he includes the 1940 McKees Rocks, PA victims although there's virtual certainty that they were killed in Youngstown, OH.

[Cogidubnus]

Hello Penhalion

Not sure I can contibute meaningfully to this particular thread, but I can and do say "welcome to the boards" - hope you get as much enjoyment out of Casebook as I do

All the best

Dave