Legal Question in Criminal Law in Illinois
Lost evidence during a murder trial
During a trial for murder, where there were no witnesses, and the only evidence available was the two vehicles involved does the state have an obligation to preserve the evidence. The state police were able to do their report, but when the case went to trial, the defendants expert reconstructionest was unable to view the vehicles.He was able to read the states report but found several discrepencys.
Asked on 8/21/05, 9:27 am
1 Answer from Attorneys
Zedrick Braden III
Ainsworth & Associates PC
Re: Lost evidence during a murder trial
Hello. The State cannot destroy or conceal evidence. To do so prejudices the defendant and
may be a basis for the defendant to appeal his
conviction, assuming he/she was convicted. I will
be happy to answer any additional questions that
you might have.
Answered on 8/21/05, 9:44 pm
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