Legal Question in Criminal Law in New Hampshire

lack of evidence

a man attacked and tried to rape my daughter he was arrested tried and found guilty he appealed. By the TIME OF THE second trial the evidence was destroyed consequently he was found not guilty. is there any recourse that can be taken?also is anything being done to keep victims from being treated like they are on trial?


Asked on 9/15/98, 10:16 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: lack of evidence

While I'm licensed in Tennessee and not New Hampshire, and you need to consult a local attorney to make sure, I would suspect that your state follows the practice allowed in most states -- allowing the injured party to also file a civil lawsuit for damages in addition to the criminal case, and without regard to the outcome... the O.J. Simpson case is the best known example of this.

There's not much you can do to undo the lost evidence. Mistakes do happen. I know that is little consolation, but it is reality.

Regarding the treatment of the victim... imagine for a moment YOU are on trial in a crimanl case and you are falsely accused. It happens far more often than you think. Wouldn't you want your attorney able to attack the prosecuting witness?

While I understand the particular sensitivities of your case, and the difficulty of watching your daughter being cross-examined, but I can't imagine you sincerely believe the defense should not be allowed to aggressively cross examine witnesses, even to accuse them of lying or being the true guilty party.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 12/30/98, 12:55 pm


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