My uncle was murdered in a small town. The police department ruined the investigation.?
The police did not secure the the scene of the murder. Also the chain of custody was not documented on the weapon. Although it is positive that the gun used was the murder weapon we could not prove it really was the weapon that was sent bad for ballistic testing. When this all went to trial it made the defenses crust. They claimed self defense and won. The defense attorney was really good compared to the prosecuter. The prosecuter seemed as if he have never argued a case in his life... I don't even know how this guy made it through ruling school. My question is.... What can we do? The prosecuter was representing the state and not our relations. Also the man does not have any money... so it would be pointless to file a civil suit against him. I just want to know if we own any rights.
Go in appeal to subsequent appellant court. Engage a competent Lawyer. It is worth trying.
Remember, the courts go by evidence only on record. Try to explain the gap effectively to the satisfaction of the appellant court.
Indirect way could be to highlight surrounded by the media repeatedly to attract public attention enabling the police to look into the investigation and record more closely on pulic demand/suo-motu interference by High Court/Govt.
He can not be tried again for the crime because it would be double jeopardy.
If you don't want to sue him for wrongful extermination, you really don't have any options. Sorry.
Maybe you can contact the Congressmen or Governor of the state you live in to help you.. That's why we elect them so they can back us in situations like this..
Good luck.. Well, since the Constitution provides for double jeopardy, the Defendant cannot be tried again by the State.
The "killer" might have insurance. Since he succeeded within his claim of self defense, you may be able to make out a negligence claim (you don't recite the facts, so it is complex to tell). If it occurred on the "killer's" property, then his homeowner's insurance, if any, might cover some of it.
I am a little surprised to hear roughly the prosecutor...normally it is just the opposite. Even newbie prosecutors tend to be at home within the courtroom, and try so many cases in the space of a week, they are trial experts. It is the defense attorneys that tend to be the newbies.
The fact that the defense atty. is so obedient leads me to believe the "killer" has money. Good defense attys. are very expensive and emergency their fees up front.
Can't do anything about the police mistakes. That seems to be a fatal irregularity in the case. They just requirement training.
** Note: This is a general discussion of the subject matter of your question and not trial advice. Local laws or your particular situation may revise the general rules. For a specific answer to your question you should consult legal counsel beside whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
I devise that the US have DOUBLE JEOPARDY laws
(sorry I am in the UK)
we hold just removed ours so you can be tried twice for the same offense in dependable circumstances (new evidence)
I would certainly try to get publicity about the issue, asking what can be done when the whole investigation is ruined from the outset.
Can't appeal a not guilty finding. Can complain to the State Atty general; and otherwise, go after him in civil court purely to get justice and a guilty verdict.
You hold your rights, but this case is now closed. BTW how do you know for SURE that he/she murdered your uncle. Were you there? Only the administration can pursue criminal prosecution. If the government loses, whether by incompetence or otherwise, there's really nothing you can do. Criminal actions are brought for the benefit of "the ancestors," not the victim or the victim's next-of-kin. Sorry.
But, you can still bring a civil suit for wrongful death, or whatever it's call in your jurisdiction. Even if the defendant has no money now, any judgement will closing almost indefinitely. So, if you win a civil case and obtain a judgement, you can potentially collect anytime in the adjectives, if and when the defendant has or receives money. The Goldman family, to this morning, is obtaining little pieces of OJ's assets, even though the civil trial was 10+ years ago.



