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Judge Overturns Rape Conviction Because Jurors Found Alleged Confession Note in Pants~~UNREAL!!
Tampa Bay online ^ | Jun 29, 2005 | The Associated Press

Posted on 06/29/2005 12:39:43 PM PDT by Ernest_at_the_Beach

Jun 29, 2005

Judge Overturns Rape Conviction Because Jurors Found Alleged Confession Note in Pants

The Associated Press



ORANGEBURG, S.C. (AP) - A judge has thrown out a man's rape conviction because the jury that convicted him found something it wasn't supposed to see - a purported confession stuck in the pocket of a pair of pants being examined in the jury room.

One juror revealed the discovery after the March conviction of Stanley Bradley.

Since the document had not been entered into evidence during trial, its discovery during deliberations tainted the jury, Circuit Judge Diane Goodstein wrote in her June 22 ruling, defense attorney Martin Banks said Tuesday.

Banks had filed a motion for a new trial in April after learning of the jury's discovery.

"You can't send a guy to prison on a tainted jury's decision," Banks said.

Calhoun County prosecutor David Pascoe said he would not decide until speaking to the victim whether to appeal Goodstein's ruling or prepare for a new trial.

Bradley was sentenced to 25 years on each charge of first-degree criminal sexual conduct, first-degree burglary and kidnapping in the rape of a 72-year-old woman in February 2004. Police said Bradley broke into the woman's home and tried to suffocate her before the rape.

Investigators say a confession was taken after Bradley's arrest, but the original copy of the statement could not be found after the death of Calhoun County sheriff's Capt. Steve West in October 2004.

AP-ES-06-29-05 1317EDT

This story can be found at: http://ap.tbo.com/ap/breaking/MGBJRNZTJAE.html


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: South Carolina
KEYWORDS: judges; judicialactivist; justice
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1 posted on 06/29/2005 12:39:47 PM PDT by Ernest_at_the_Beach
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To: Ernest_at_the_Beach

Oh good, a rapist running free.


2 posted on 06/29/2005 12:41:44 PM PDT by AppyPappy
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To: Ernest_at_the_Beach

His own confession sets him free! Only in America!


3 posted on 06/29/2005 12:41:44 PM PDT by Knute (W- Still the President!)
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To: Ernest_at_the_Beach

His own confession sets him free! Only in America!


4 posted on 06/29/2005 12:42:14 PM PDT by Knute (W- Still the President!)
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To: Knute

What a country!


5 posted on 06/29/2005 12:43:19 PM PDT by My2Cents ("In times of universal deceit, telling the truth will be a revolutionary act." - George Orwell)
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To: Ernest_at_the_Beach
Since the document had not been entered into evidence during trial, its discovery during deliberations tainted the jury,

I sure hope they enter it into evidence for a second trial. I think if I were his lawyer, I'd get him to plea bargain.

6 posted on 06/29/2005 12:43:49 PM PDT by Paleo Conservative (Hey! Hey! Ho! Ho! Andrew Heyward's got to go!)
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To: Ernest_at_the_Beach

I'm curious if the confession will be entered into evidence in the new trial.


7 posted on 06/29/2005 12:43:52 PM PDT by FormerLib (Kosova: "land stolen from Serbs and given to terrorist killers in a futile attempt to appease them.")
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To: Ernest_at_the_Beach

Absurd! Maybe Circuit Judge Diane Goodstein ought to find herself in a dark alley with the rapist.


8 posted on 06/29/2005 12:44:20 PM PDT by SeaBiscuit (God Bless all who defend America and the rest can go to hell.)
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To: Knute

How do they know the jury was "tainted." Doesn't the rest of the evidence convict him. Retry the case.


9 posted on 06/29/2005 12:44:24 PM PDT by nikos1121
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To: Ernest_at_the_Beach
I actually agree with this decision IF the note influenced the jury. There has to be an opportunity for the defense to evaluate any evidence. What if he didn't write it? It wouldn't be unheard of for someone to plant incriminating evidence.

Damned If I Know

10 posted on 06/29/2005 12:44:46 PM PDT by sharktrager (My life is like a box of chocolates, but someone took all the good ones.)
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To: Ernest_at_the_Beach

"Circuit Judge Diane Goodstein"--clintoonian idiot?


11 posted on 06/29/2005 12:44:53 PM PDT by lilylangtree
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To: Ernest_at_the_Beach
It was the correct decision. The prosecution should have entered that note into evidence. They're the ones who screwed up, not the court. The jury rendered a verdict based on evidence the defense never had a chance to exclude in court. So the judge made the right call in setting aside the defendant's conviction.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
12 posted on 06/29/2005 12:45:12 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Ernest_at_the_Beach

I am so glad I am not a criminal defense lawyer who would have to try to make such an argument.


13 posted on 06/29/2005 12:45:12 PM PDT by Fierce Allegiance (Happy 12th birthday to my little Queen Nosilla!)
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To: Knute

Yep..and btw, the sky is falling. Genius.


14 posted on 06/29/2005 12:45:56 PM PDT by Windsong (FighterPilot)
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To: goldstategop

Technically correct, definitely wrong.


15 posted on 06/29/2005 12:46:10 PM PDT by Fierce Allegiance (Happy 12th birthday to my little Queen Nosilla!)
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To: Ernest_at_the_Beach

I'm curious what evidentiary value the pants were SUPPOSED to have.


16 posted on 06/29/2005 12:48:16 PM PDT by Dog Gone
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To: Ernest_at_the_Beach

This is inexcusably outrageous. On so many levels. Beginning with the police who obviously didn't search the guy's pant pockets.


17 posted on 06/29/2005 12:48:51 PM PDT by Peach
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To: Dog Gone

I've no idea, I just post this stuff.....LOL!


18 posted on 06/29/2005 12:49:50 PM PDT by Ernest_at_the_Beach (History is soon Forgotten,)
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To: AppyPappy

I don't believe he's free. He's in jail, pending re-trial, where he will certainly be convicted when the note is properly put into evidence.


19 posted on 06/29/2005 12:50:38 PM PDT by MeanWestTexan
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To: Ernest_at_the_Beach

As much as I hate to see this rapist go free, this is the right decision on the judge's part. That note could have been written by anyone and stuffed in the pants. There is no way to know if it was a real confession or not. I would not want to be on trial and have someone "find" a confession while in the jury room and hang me for it. This is no different than "finding" a bunch of ballots as happened in washington state.


20 posted on 06/29/2005 12:51:26 PM PDT by calex59
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