19 Jun Man convicted of murder may be able to submit new evidence

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Friday, June 19, 2015.

As many people in Maryland know, the investigative process can be a long and emotionally draining experience, regardless of whether or not you are innocent of the offense you have been accused of committing. The majority of your energy is likely to go into building your defense and attempting to ensure that your side of the story is heard and understood by the court.

You are considered innocent unless guilt can be proven beyond any reasonable doubt. In general, this means that if there is evidence that calls into question whether you committed the crime, you may be able to escape conviction. However, the process is rarely that straightforward and all too often people are convicted when there is still reason to believe that they may not have committed the crime.

Fortunately, it is often possible to appeal. This is exactly what a man convicted of killing his ex-girlfriend chose to do. His grounds for appeal included his lawyer’s failure to get in touch with a witness who may have provided him with an alibi. In 2003, his appeal was rejected and in 2014 his habeas petition was rejected by a trial judge.

However, a podcast investigating the background of his case garnered so much media attention that the judge has since been ordered by the Maryland Court of Special Appeals to consider permitting the accused man to submit more evidence. If this happens, the testimony of the witness could be included.

Criminal appeals are often complicated and it is important to weigh up each step carefully. An attorney may be able to advise you about how to proceed and assist you with identifying details that could help your case.

Source: Connecticut Law Tribune, “Dan Krisch: ‘Serial’ Shines Uncomfortably Bright Light on Justice System,” Daniel Krisch, June 11, 2015