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

Tampa Bay online ^ | Jun 29, 2005 | The Associated Press

[AppyPappy]

Oh good, a rapist running free.

[Knute]

His own confession sets him free! Only in America!

[Knute]

His own confession sets him free! Only in America!

[My2Cents]

What a country!

[Paleo Conservative]

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.

[FormerLib]

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

[SeaBiscuit]

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

[nikos1121]

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

[sharktrager]

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

[lilylangtree]

"Circuit Judge Diane Goodstein"--clintoonian idiot?

[goldstategop]

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".)

[Fierce Allegiance]

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

[Windsong]

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

[Fierce Allegiance]

Technically correct, definitely wrong.

[Dog Gone]

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

[Peach]

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

[Ernest_at_the_Beach]

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

[MeanWestTexan]

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.

[calex59]

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.