July 2013

The Latest Ruling In the Massachusetts Crime Lab Scandal

Here is an update of the Massachusetts Crime Lab Scandal: • In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003. • Following an internal review, the Department of Public Health launched a formal investigation of the matter in December, 2011. The investigation concluded that “Dookhan failed to follow

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Zimmerman Verdict: A Behind The Scenes Fact

I have seen jury consultant Robert Hirschhorn lecture several times (and stolen lots of his material for my own cases.) When It was revealed he worked on the Zimmerman case, I immediately understood how the defense overcame the “knock knock” joke in opening statements. Here is an article from USA Today explaining some of the jury selection strategies Hirschhorn used. SANFORD, Fla. — One of the people instrumental in helping George Zimmerman’s defense team pick an all-female jury says that

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The Milke Case Moves Forward

Yesterday I included the Milke case as one of my favorite Brady decisions. For the non-lawyers, Brady refers to the U.S. Supreme Court case of Brady v. Maryland which held that when the government withholds exculpatory evidence it is a violation of due process “where the evidence is material either to guilt or to punishment.” Think of it this way, you are charged with a crime and there is evidence that you may actually be innocent. The police, or the

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Seven Brady Cases You Should Know

Here are my seven favorite Brady decisions: 1. BRADY V. MARYLAND, 373 U.S.83 (1963) Both Brady and his co-defendant were found guilty of first-degree murder and sentenced to death. After trial, the prosecutor disclosed to Brady that the co-defendant admitted to the homicide. The court held that the prosecutor’s suppression of the confession violated the Due Process Clause of the 14th Amendment. Accordingly, the prosecutor must disclose to the defendant all material evidence that is exculpatory. What is material? Anything

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