Submitted by Guest2020 on Tue, 01/01/2013 - 6:55pm.
The judge that overturned the case decided that the prosecution's main witness had been incompetent as a witness. This was without having met the man or had a proper evaluation of any kind. The other ruling in the appeal stated that the prosecution didn't turn over all evidence in discovery. The document he withheld contained notes he made as he interviewed the witness. The prosecutor is not required to turn over anything that contains his written notes in the case. The judge was completely out of line in his rulings. Not to mention, that it was a federal judge who had no jurisdiction to even hear a state case. They were let out on a technicality by someone who had no proper authority to hear the case. That does not in any way mean that they are innocent of the crimes.
The judge that overturned
The judge that overturned the case decided that the prosecution's main witness had been incompetent as a witness. This was without having met the man or had a proper evaluation of any kind. The other ruling in the appeal stated that the prosecution didn't turn over all evidence in discovery. The document he withheld contained notes he made as he interviewed the witness. The prosecutor is not required to turn over anything that contains his written notes in the case. The judge was completely out of line in his rulings. Not to mention, that it was a federal judge who had no jurisdiction to even hear a state case. They were let out on a technicality by someone who had no proper authority to hear the case. That does not in any way mean that they are innocent of the crimes.