How is justice served if a suspect arrested before there is solid evidence to convict them at trial?
Important to remember that both the US Constitution and California Code of Criminal Procedure provides for only a set amount of time between the defendant's arraignment and their trial to begin.
It's equally important to remember that while circumstantial evidence may satisfy
probable cause required for an arrest warrant, it does not necessarily satisfy evidentiary
proof beyond a reasonable doubt that's required to prosecute a case (i.e, a much higher standard than called for at a preliminary hearing, which is just a strong suspicion of guilt).
Earlier in the case thread, somebody referenced the similarities between MM and the 2017 case of 38-year-old Maria Elena Guzman-Cordova of Vista, CA. She too was reported missing after failing to return from a walk, following an argument with her husband.
Maria's husband, arrested on suspicion of her murder, also reported that his wife took no personal items with her. According to investigators, she too was getting ready to leave her husband.
More than a year after reported missing, Maria's body was located near Palomar Mountain. Given the dated decomposition of her body, the Medical Examiner was unable to determine Maria's cause of death.
After Maria's husband was arrested, Judge Simmons explained his reasoning for denying bail:
“She informed others that she wanted to leave the relationship and made those thoughts clear to others, and the people (prosecutors) believe that may have been a motive in for this incident.”
At the husband's trial, the prosecution presented all its circumstantial evidence (very similar to alleged evidence found in MM's case) and rested its case. At this time, the Judge dismissed the case against the husband because the prosecution failed to provide evidence that was proof beyond a reasonable doubt.
Prosecutors constantly remind us that they only get one bite at the apple, and this should serve as a reminder for this case too.
To Maria's family, dismissing the circumstantial case means Maria and her family will never ever see justice for her murder. Her husband cannot be retried for murder in the death of Maria, who was his wife of 20 years and mother of their three daughters.
Double jeopardy prevents prosecutors from again charging him with the same crime, even if the husband confesses or new evidence later surfaces.
Please, no rotten apples for Maya or her family.
MOO
Found Deceased - CA - Maria Guzman-Cordova, 38, San Diego, 13 Oct 2017 *Arrest*