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The prosecution's theory was that, in a five-to ten-minute absence from the camp fire, Lindy returned to her tent, did whatever was necessary to stop her young son Aidan from following her, changed into track suit pants, took Azaria to her car, obtained and used scissors to cut Azaria's throat, waited for Azaria to die ( options were carotid arteries or jugular – all experts said there was an absence of evidence of arterial bleeding on the jump suit blood stains and it would take up to 20 minutes if the death was from cutting the jugular ), hid the body in a camera case in the car, cleaned up blood on everything including the outside of the camera case, removed the tracksuit pants, obtained baked beans for her son from the car, returned to the tent, did something to leave blood splashes there and brought her son Aidan back to the campfire without ever attracting the attention of other campers except for camper Greg Lowe who gave evidence that he observed her to go to the tent with Azaria and Aidan and then walk to the car with her left arm around Aidan and her right arm unimpeded.
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prosecution's and theory
The prosecution's " grooming " theory held that Jackson used alcohol to lower Gavin's inhibitions in order to molest him, and the accuser testified that the first time he was molested, he and Jackson had just come " back from drinking in the arcade.
Judge Fletcher wrote, " Deputies misrepresented his recollections and gradually shaped his testimony so that it was consistent with the prosecution's theory that there was only one killer.
prosecution's and was
The court denied the prosecution's request, and ruled that the term was appropriately " descriptive.
Although the remarks were stricken from the record, they still discredited the prosecution's case and Smith was acquitted.
The prosecution's witnesses testified that Tom McLaury was unarmed, that Billy Clanton had his hands in the air, and that neither of the McLaurys were troublemakers.
It was the military prosecution's contention that Calley, in defiance of the rules of engagement, ordered his men to deliberately murder unarmed Vietnamese civilians despite the fact that his men were not under enemy fire at all.
The issue of the insanity defense was more thoroughly explored in the novel, and a key scene in which Biegler destroys the credibility and professionalism of the prosecution's psychiatric expert for proffering an opinion without examining the subject is watered down in the film almost to insignificance.
Since he was a witness, not a defendant, the questioning was not intended to prove Rundstedt's guilt: it was designed to bolster the prosecution's case that the high command had functioned as an organisation and that it was collectively responsible for the German invasions of various countries between 1939 and 1941 and also for the war crimes committed during those invasions.
A notable contemporary example of this tactic was the claim by the defense in the Roger Clemens perjury trial to have the charges against Clemens dismissed due to " prosecutorial misconduct ", i. e. that the prosecution intentionally introduced video evidence which Judge Reggie Walton had ruled inadmissible, for the purposes of getting, in the words of the defense, " a second bite at the apple ", due to the prosecution's alleged poor performance.
Kantor was discharged at the end of the prosecution's case.
Two appeals were unsuccessful, but after discredited forensics evidence was excluded from the prosecution's case, George's third appeal succeeded in November 2007.
It was the prosecution's position that Keating was liable as a matter of strict liability.
Although Fenning was executed, Hone's 240 page book on the subject, The Important Results of an Elaborate Investigation into the Mysterious Case of Eliza Fenning — a landmark in investigative journalism – demolished the prosecution's case.
The jury in 2006 completely disagreed with the prosecution's assertions and her earlier conviction from 2002 was overturned.
This evidence had been known to the prosecution's pathologist, Alan Williams, since February 1998, but was not shared with other medical witnesses, police or lawyers.
The lawyer uses the time to manipulate those financially interested in the trial to have their private detective recant his testimony, which was the final remaining weapon in the prosecution's arsenal.
The prosecution's closing argument was shorter and less " barbed " than it had been in the Patterson case.
The district attorney asked that bail be set at $ 5, 000, but the judge released both men on $ 1, 500 bond, indicating he thought the prosecution's case was weak.
The prosecution's case was further undermined after it had spent a great deal of effort to link the 13 wounds which Professor Sikorsky had discovered on a part of the murdered boy's body with the importance of the number thirteen in " Jewish ritual ," only to have it revealed later that there were actually 14 wounds on that part of the body.
This document – the prosecution's most valuable document – was in the hands of the defence, a situation that led the Home Secretary, Gwilym Lloyd-George, to reprimand Manningham-Buller, stating that such documents should not even be shown to " Parliament or to individual Members ".
The New York Journal American carried the banner front-page headline that she was " astounded " by the guilty verdict due to what she argued were manifest shortcomings in the prosecution's case.
The show's almost exclusive focus was on the criminal trial of the accused, showing both the prosecution's and defense's preparation for trial, as well as the trial itself.
Two were acquitted on the direction of the judge after he ruled that the prosecution's key witness, a 14-year-old girl, was unreliable ; the jury found the other two not guilty.
prosecution's and absence
Most liberal democracies expect professionalism from law enforcement personnel, so any physical violence towards a subject during interrogation in the absence of bona fide physical provocation could compromise the prosecution's case or lead to civil or criminal legal consequences for the interrogators.
prosecution's and from
In response to this decision, Darrow made a sarcastic comment to Judge Raulston ( as he often did throughout the trial ) on how he had been agreeable only on the prosecution's suggestions, for which he apologized the next day, keeping himself from being found in contempt of court.
The standard that must be met by the prosecution's evidence in a criminal prosecution is that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.
After the defense had established doubts about the prosecution's case, Judge Spicer released Holliday and Wyatt from jail to rejoin their families in time for Thanksgiving.
This result flowed from Orchard's having turned state's evidence and having become the prosecution's star witness against Big Bill Haywood and two other leaders of the Western Federation of Miners whom the prosecution alleged had masterminded Steunenberg's assassination.
For instance, like Bugliosi, he insists that relevant case law demanded that Ito foreclose the defense from asking him about racial slurs because of the possibility of prejudice to the prosecution's case.
In his book The Scientific Investigation of Crime, the prosecution's ballistics expert Lewis Nickolls stated that he recovered four bullets from the roof, two of. 45, one of. 41 and one of. 32 calibre.
During Beausoleil's trial for the murder of Hinman, the defense, in order to discredit the prosecution's case, argued that the crimes were copycat murders made to misdirect police suspicion away from Beausoleil.
The defence then introduced medical evidence claiming that she had been suffering from a partial complex seizure ( an unusual form of epilepsy ) at the time of the killings, while the prosecution's medical evidence maintained that she was suffering from only mild migraine on that day.
The prosecution's evidence was based primarily on affidavits collected before the trial from the defendants and from witnesses.
Since Judge Dupree refused both the defense and prosecution requests for any psychiatric evaluation to be done for MacDonald, he also refused the prosecution's request to allow into evidence any part of the Article 32 transcripts from MacDonald's 1970 U. S. Army hearing.
The expert concluded from the photographs there was " no appreciable weight loss ," countering the prosecution's view that McPherson lost 20 to 40 pounds while in Scientology's care.
Instinctively, Vance not only disarmed her, but reacted so precisely that he contained the actual smoke from the gun, driving home the prosecution's case ; Vance was acquitted of murder, but was convicted of negligent homicide.
This was a crucial piece of the prosecution's case and Sandy persuades Judge Larren Lyttle ( Winfield ) to keep this from the jury.
The Demon trial ended with a guilty verdict, the prosecution's argument to the jury being based on the claim that " comics are for children " and that the item was therefore designed to appeal to children, and the fact that the store was across the street from an elementary school.
prosecution's and fire
The prosecution's scenario would have required Holliday to fire with his pistol first, switch to the shotgun to shoot Tom McLaury, then switch back again to his pistol to continue firing.
prosecution's and her
Calling the prosecution's case " fiction ", Sonenberg suggested that Levy had been murdered elsewhere, with her dead body being dumped in the park.
His defence had looked strong as eye witnesses refused to testify due to fear of reprisals, when Alison retracted her testimony and became the prosecution's main witness ; this not only removed Bronson's alibi but also gave the prosecution all the evidence needed to win the case.
Nichols's wife Marife testified as a defense witness, but her story may have helped the prosecution's case.
He spoke with witnesses whose testimony implied that Squires and her family could not have abducted Canning, and he interviewed several of the prosecution's witnesses, some of whom recanted their earlier testimony.
Bembenek filed three unsuccessful appeals of her conviction, citing police errors in handling of key evidence and the fact that one of the prosecution's witnesses, Judy Zess, had recanted her testimony, stating it was made under duress.
Furthermore, Shore, the prosecution's star witness, wore a tiny miniskirt to court and laughed during her testimony, undermining her credibility in the eyes of the jury.
In " Betrayal ," Olivet feels compelled to contradict the prosecution's expert witness, Dr. Lydia Stronach, who had done studies that were officially censured as dangerous and damaging by the authoratitive body in her field.
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