10
Mar
09

Insufficient Evidence

Those two words mean all the world to someone accused of a crime.

Insufficient Evidence.

The State has not got enough evidence to move forward with a case.  As a defendant, you have been given a reprieve.  In a typical case, that usually means the state knows it cannot prove one or more of the elements of its case.  The reasons are myriad for this happening, but he most usual reason is that a key witness either isn’t trustworthy enough to be relied upon or refuses to testify.

In cases where the primary (and sometimes only) evidence is the victim’s testimony, that victim’s testimony is the case.

Like in a violation of a protective order case and a rape case.  Say one like that involved Florida lineman Carl Johnson.  He got lucky.  His victim isn’t afraid of him anymore and doesn’t think he raped her.

Before you jump all over me for being judgmental and all, remember this: Carl Johnson was told to stay away from her and sat across the aisle from her, then followed her off the bus. At the best he basically thumbed his nose at the judge and the judicial system.  Hey, sitting across from her helped him.  She obviously felt like she was mistaken and decided to let bygones be bygones.

Insufficient evidence.  Someone who filed three rape complaints withdrew them.  He was ordered by the court to keep his distance, but he got on a bus with her (but according to his teammates, did nothing to scare her) anyway.  He sat down across from her after he’d been told to keep his distance.  Now she has decided not to press charges. The protective order stands until April 9th.

Insufficient evidence.

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A Georgia Dawg in the Mid-West alone with his thoughts.

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