When will we get to see both sides proof of evidence? I want to know what they defense has and what the state has.
So they will get new trials if the hearings go well? or will they be released?
I'm afraid that we won't see the evidence until after it's presented at the hearing. Since the hearing is before just a Judge and not a jury, I'm not even sure that it will be open to the public. I don't think that Judge Laser will allow cameras in the courtroom.
The way I understand it, three things can happen.
1. Judge Laser rules that there is not sufficient evidence for a new trial, and they remain in prison. Damien's appeals will go to the Federal level while Jessie and Jason continue appeals on the State level.
2. Judge Laser rules that a new trial is indicated. The original verdicts will be vacated and:
a) the State decides to retry in which case the guys remain incarcerated while a trial date is established, etc - back to square one with a trial, or:
b) the State decides not to retry in which case the guys will be released.
However, the last option is double-edged. First, the State can drop all charges. The guys are off the hook, so to speak. However, the problem with this option is that there will still be people that believe the guys to be guilty. It all depends on why the State says there will not be a new trial. They could say that too much time has passed and we don't think we can make a case (suspicion will still be rampant) or in light of the new evidence, we feel that the original verdicts were wrong, and we don't want to spend the taxpayers' money trying innocent men (a much better scenario).
Second, the State can leave the charges open, meaning that they want time to gather more evidence before proceeding to trial. I'm less clear here, but I
think the guys will be freed (since the original convictions will be vacated), but they will remain "persons of interest" unless (or until) someone else is convicted of the crime. This is the worst possible outcome IMO since it will leave the guys in limbo for, possibly, the rest of their lives. Please, any attorney here (or anyone with more legal knowledge than I have) correct this if I'm wrong.
I realize that, even if there is a trial and a not guilty verdict, some people will continue to suspect the guys. I guess that's life. Personally, I'd prefer a new trial and a not guilty verdict. However, I want the guys free; so, I'd settle for no trial. I just hope and pray that, if there's no trial, the State drops the charges.