Study Says Texas NOT #1 in Death Penalties

I am always amazed these cases slip through the first time. There are so many of these it's ridiculous.


http://www.cnn.com/2004/LAW/02/18/death.row.acquittal.ap/index.html

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But prosecutors in Gell's original trial withheld from defense lawyers a secretly taped phone call in which Morris, who was then 15 years old, did not answer when her boyfriend asked her twice whether Gell killed Jenkins. She also told her boyfriend she had to "make up a story" about Jenkins' death.

Also withheld by prosecutors were statements from more than a dozen witnesses who said they saw Jenkins alive after April 3. Gell was either out of state or in jail on a car-theft charge from April 4 until after Jenkins' body was found April 14.

During the retrial, three scientific experts testified that Jenkins' body and the scene of his killing were not consistent with the prosecution's argument that he was killed 11 days prior.

Defense lawyer Joseph Cheshire V said the case shows why defense lawyers need open access to prosecution files and investigations of withheld evidence.
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