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manufactured evidence=no murder weapon - remedy?

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kblow

Registered User
What is the name of your state? Washington

What remedy does a person convicted of murder have if it is discovered that the alleged "murder weapon" as it were, ends up actually being the product of evidence that was created or manufactured by the criminalist who found it?

Would proof of /or presenting this to a higher court, by way of something such as an Amicus brief via F.R.A.P. filed by the forensic scientist who discovered that the reports that were filed were false/the evidence was fraudulently created and actually there wasn't any such evidence at all, allow for immediate reversal of the verdict based upon said evidence?

I'm only asking for your opinion, and recognize that responses do not constitute legal advice. Thanks .

C'mon doesn't anyone want to touch this one? And don't forget to familiarize yourself with F.R.A.P. 29, I believe, before commenting. Thanks
 
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abezon

Senior Member
You'd file a petition for a new trial based on new evidence, namely that the State's expert fabricated evidence. You'll need pretty strong evidence of fabrication, and you'll have to show that you couldn't have discovered this evidence before trial through diligent preparation, and that this evidence was critical to your conviction. (If the jury had known of this, you wouldn't have been convicted.) You can also ask for a new trial in the interests of justice. If you qualify for free counsel, contact the Washington Appellate Project and see if they can help you.
 
T

Theodore Bundy

Guest
Was this a conviction based on evidence from Fred Zain?
 

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