What do you mean the evidence stated in the AW has not been tested? The ME stated he was prepared to say the injuries to JD were non-survivable without medical intervention. I have not heard that JD received treatment anywhere. What is the reasonable doubt? Is it that JD could still be alive? There are a variety of factors that come into play here.Thanks for your reply! What I was trying to get across was that whilst the MEs opinion is an expert one, it is still an opinion and the 'evidence' has not been tested.
Lets take it a step further and play 'what if''.
What if, at trial/discovery, it is revealed that LE sought opinions from three experts and two of them disageed with the opinion of the third?
What if, at trial/discovery, it is revealed that the expert opinion prefaced some of his findings with other factors that needed to be present to support those findings?
What if, at trial/discovery, the prosecution decide not to present this 'evidence' for one reason or another?
The point I am trying to get across is, the evidence stated in the arrest warrants has not been tested and therefore, IMO, raises reasonable doubt.
In the UK, arrest warrants, search warrants etc are not released, in fact nothing is released document wise at all. All information is part of trial and the jury makes its decision on the facts presented to them. I must admit, I do find the US system troubling (in the release of information prior to trial), how can this not prejudice a Defendant?
I am not sure why the prosecution would not present these facts. That wouldn't make sense. There would be no case. There will be much more detail given at trial. Given the facts already known, what would possibly lead to the conclusion that that JD is alive? Nothing.
I'm sorry you find the US system troubling. It's not perfect but it's still pretty good. I'm glad documents are released before trial. More open government never hurt anybody. Defendants get fair trials every day. Even those whose cases have been highly publicized. Many high profile suspects get acquitted even. There will be many potential jurors out there who don't know nearly as much as the people here on WS.