Evidence

On Human Memory and Eyewitness Testimony

September 8, 2010 Evidence

Many years ago, as a student at the University of Freiburg in Germany, I went with an American friend to West Berlin to sightsee.  We went to a bar one night in which we were taken for some money by the bar’s establishment.  The two of us were so embarrassed by the whole thing (we [...]

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On Interrogation Techniques Used By Police

August 14, 2010 Evidence

The “good cop, bad cop” routine has made for some pretty funny moments in film.  Think of Steve Martin in The Pink Panther trying to play both roles himself.  Or, to use a more recent example, think of Will Ferrell playing the even worse cop on The Other Guys: “I thought you said “bad cop, [...]

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When The Complaining Witness Refuses To Testify In A Domestic Violence Case

August 11, 2010 Assault

A couple of weeks ago, I described a number of myths about the U.S. criminal justice system. One popular misconception I did not address was the question of who actually prosecutes a criminal case. You often hear people say that they don’t want to press charges. What they don’t understand is that, unlike in a [...]

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When Former Lover Becomes Accuser: Civil Protection Orders in D.C.

May 19, 2010 Evidence

Your client loves a woman.  They date for two months, then the woman breaks it off. Something about jealousy and possessiveness.  Something about drinking too much.  Your client is heartbroken. If your client is John Cusack in Say Anything, he stands outside her house with a boom box on his shoulder blasting out “In Your [...]

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Nightline Segment Tonight on Jeffrey MacDonald Case

May 14, 2010 Evidence

I understand from Kathryn MacDonald that ABC’s Nightline will air a segment this evening (11:30 pm EST) on the Jeffrey MacDonald case.

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4th Circuit Denies Motion to Dismiss in Jeffrey MacDonald Appeal

May 6, 2010 Evidence

The U.S. Court of Appeals for the Fourth Circuit today denied the government’s motion to dismiss the defendant’s appeal in the case of United States v. Jeffrey MacDonald. As I discussed in greater detail in an earlier post, MacDonald has always maintained that he was a victim, not the perpetrator, of the murders. MacDonald’s appeal [...]

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On Michael Malone and the Jeffrey MacDonald Case

May 2, 2010 Evidence

I have written a number of posts over the last couple of months about the Donald E. Gates case. As you will recall, Gates was convicted of a crime he did not commit and initially spent 16 years in jail in large part due to the false testimony of former FBI analyst Michael P. Malone.  [...]

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On Visiting the Supposed Crime Scene

April 23, 2010 Evidence

As a public defender, I tried to visit the crime scene as often as possible.  Although I was never able to actually break a case by doing this, that is, find that piece of evidence that would exonerate the client, the visits always provided important information. At the very least, you get a feel for [...]

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Michael P. Malone’s Other Victims

April 17, 2010 Evidence

I have written a number of entries over the last couple of months about the case of Donald E. Gates, a man who was imprisoned for 27 years for a crime the evidence now shows he did not commit.  Gates was convicted in large part on the basis of false testimony by FBI analyst Michael [...]

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A Proposal to Name D.C.’s New Crime Laboratory After Donald E. Gates

March 17, 2010 Evidence

I have been fretting about the Donald E. Gates case since I first learned about it last December.  Yesterday I got a call from Sam Harahan, another person who has obviously been thinking about it quite a bit and who came across my blog entries on the case.  Harahan helped found two organizations that focus [...]

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