Sonya610
Former Member
- Joined
- Jan 4, 2011
- Messages
- 7,174
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- 49
Something that troubles me is, in that case, the post might have been presented to the grand jury. I would think that would be a very serious matter -- as it should be -- if it is proven not authentic.
I previously thought it wasn't likely that the post was read to the grand jury because then the defense and McDaniel would have already known about it, whereas it appears they were surprised by it at the hearing.
Did a little research...
No judge, defendant or criminal defense attorney is present in state grand jury hearings. http://www.lawinfo.com/fuseaction/client.lawarea/categoryid/143
If that is the case then maybe YES they could have used it at the grand jury hearing and the defense was never aware of it.
I do honestly believe that Winters thought the post was real (yes it is unimagineably stupid, but the other explanations seem even more far fetched). If he knew it was fake and presented it anyway that falls under "prosecutorial misconduct" and he could get in big trouble for that; for some odd reason judges don't like to be lied to by prosecutors.
As far as the consequences, from what I have read the prosecutors can get in big trouble (can but almost never do, prosecutors have lied and sent people to death row and gotten away with it many times over without even a slap on the wrist) BUT if the OTHER evidence in the case is rock solid, and the fake evidence would not have changed the jury's decision then the convictions can stand. Course in that case it wasn't discovered until AFTER the conviction, might have been interesting if it had all come out during the trial.
The big question I have is can the defense find a way to bring this up at trial? If they can find a way to bring it up it could be devastating for the prosecution's case.