Posted on 02/06/2005 7:25:22 AM PST by NativeTexun
A Davenport man serving life in prison for his part in a grisly murder will soon be a free man again.
The Iowa Supreme Court is throwing out the conviction of Darryl McCoy.
McCoy confessed to police his role in the 2002 murder of Jonathon Johnson. He has been in prison now for three years. McCoys's confession was videotaped, but the Supreme Court says that tape should not have used as evidence.
Scott County Attorney Bill Davis says without the confession he does not have enough evidence to try 39 year-old McCoy again. Davis says he'll dismiss the case soon and McCoy will be free.
Any idea WHY the tape was disallowed?? This is extremely wierd.
When I saw this yesterday it made me sick. The guy was told by Police that if he didn't pull the trigger he wouldn't be in trouble. SO WHAT? Criminals are dumb. They fall for ploys like this. Why should our police not be able to say things like that? There's another reason the confession was thrown out, but I cannot remember right now. How sad and shocking.
How hopeless the victim's relative must feel!
I agree, but no information was given regarding your question. If I find more, I will post it.
Denny Crane: "There are two places to find the truth. First God and then Fox News."
Denny Crane: "There are two places to find the truth. First God and then Fox News."
A Davenport man found Johnson’s body wrapped in a bloodstained blanket in the back seat of a car in an apartment parking lot. A black garbage bag was around his head.
Detectives immediately focused on McCoy’s younger brother, Lawrence McCoy, after finding blood prints in the apartment he shared with Johnson’s sister.
Police pulled over a car they thought Lawrence McCoy was driving and pulled their guns, but it was Darryl McCoy who was driving the car.
He was put in the back of a patrol car and taken to the police station for questioning. It was during that videotaped interview that he admitted he was present during the slaying and helped clean up the apartment and dispose of Johnson’s body.
The Iowa Supreme Court ruled that Darryl McCoy was illegally detained because the police had no probable cause to suspect him in the slaying. Therefore, his incriminating statements should be thrown out, the court ruled.
Any idea WHY the tape was disallowed?? This is extremely wierd.
Hm. Per your link, they were looking for his brother because blood was found in his apartment. They picked up this guy, who confessed to have helped cut up and dispose of the body. It's not like he's some random stranger picked up for driving a similar car.
It's beginning to appear that CCW laws will grow in popularity to overcome the influence of judicial activism. While he may not have "pulled the trigger" or actually murdered the victim, he is what used to be called an accessory to the murder and he aided and abetted the murderers who did kill the victim.
Don't worry, this idiot loser will be back in jail for another felony sometime in the future. The quesation is, can the future victim's family sue the judges on the ISC for releasing McCoy on such phoney grounds??
Well, I haven't read the opinion, but there's your problem right there! The Fourth Amendment requires probable cause--the police just can't go around detaining people willy-nilly.
The police take him into the station, that's a seizure, and you need probable cause for that.
On such phoney grounds? Are you kidding? Just grabbing someone off the street and then dragging them into the police station without ANY cause whatsoever is phoney grounds?
Like it or not, we do have a constitution and the police are obligated the follow the rules when conducting investigations. This is stupid police work. Stupid, stupid, stupid, stupid. Stupid. Stupid!
I've begun to read the opinion, and this is a slam dunk. Iowa police, do your job right next time and we won't have these problems.
Shouldn't there be a law similar to Megan's Law that allows the public to know a murderer is in their community? I know where the child molesters and rapists are in my town, but what good does that do me if a killer lives next door?
They're supposed to cover their ears and go ... LA-LA-LA-LA, I didn't hear you - then drive him home.
/IDIOT JUDGES & criminal rights BS sarcasm - derision: OFF
Leave it to the Davenport Police to mess up this one. I am not sure that they can do anything right. I lived there for 3 years had my car broken into 3 times, house broken into and robbed, and my wife had her purse snatched in front of out house during lunch. We never got more than a "well that happens a lot here" from the police.
What are the main factors for crime in Davenport. Gangs, drugs - ??????
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