Legal Question in Criminal Law in Texas

Death row inmate acquitted for lack of evidence

A person is tried and convicted of being responsible for the car bombing death of another person, put on death row, appeals the conviction and is then acquitted for lack of evidence.

Fifteen years later, a person who was a witness for the prosecution in this trial told an acquaintance he had withheld evidence that probably would have made an airtight case for the prosecution.

If the acquaintance came forward with this information, which could only be known by the person who withheld it, what would happen?

Could the case be re-opened even though there was an acquittal?

Could the witness be prosecuted or charged as an accessory?

Could the acquaintance be in trouble for not coming forward?

Could either party be tried on a wrongful death charge?


Asked on 8/16/00, 9:29 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Death row inmate acquitted for lack of evidence

Double jeopardy prohibits any further prosecution of the convict for this crime or any crimes based upon the same facts.

The witness who withheld evidence could be charged with perjury or with misprison of felony which is the failure to come forward to report a felonious crime to the authorities.

Wrongful death is a civil charge, and both could be sued in the civil justice system.

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Answered on 9/22/00, 8:47 am


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