Posted on 06/29/2005 12:39:43 PM PDT by Ernest_at_the_Beach
Jun 29, 2005
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
Oh good, a rapist running free.
His own confession sets him free! Only in America!
His own confession sets him free! Only in America!
What a country!
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.
I'm curious if the confession will be entered into evidence in the new trial.
Absurd! Maybe Circuit Judge Diane Goodstein ought to find herself in a dark alley with the rapist.
How do they know the jury was "tainted." Doesn't the rest of the evidence convict him. Retry the case.
"Circuit Judge Diane Goodstein"--clintoonian idiot?
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
I am so glad I am not a criminal defense lawyer who would have to try to make such an argument.
Yep..and btw, the sky is falling. Genius.
Technically correct, definitely wrong.
I'm curious what evidentiary value the pants were SUPPOSED to have.
This is inexcusably outrageous. On so many levels. Beginning with the police who obviously didn't search the guy's pant pockets.
I've no idea, I just post this stuff.....LOL!
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.
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.
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