question for Lawrat or anyone of criminal knowledge

[clayspretty]

My friend was charged w/ especially aggravated burglary. In this case it was the alleged victims word against my friends word. my friend had 1 witness who did not see the whole thing. and the alleged victim had no witnesses other than what the police investigated after the fact.
the victim which we will call(John), testified that the defendant who well will call (Bob) entered his home without invitation, came in through a window of his home and broke his arm with a baseball bat. the 2 police officers testified. 1 said the window was wide open with a footprint by the window and there was no blood outside the house. the other officer testified the wide was only opened about 3" but looked like it had slid down. ??? and he say blood on the back porch. It was made clear in court that the officers investigated the scene at night and it had been raining therefore theywould not be able to see blood on the grass outside, where the defendant testified it had happened. The witness for the defendant testified he saw John in the yard with a wooden object in his hand. (The officers DID NOT take any foot prints, fingerprint, photos, etc....)
During jury selection Bob thought he recognized one of the possible juorors, a person that he had been in jail with that didn't like him. he asked his attorney and he was told it was not possible.
this person was on the jury and Bob received almost the max. sentence. we are now seeking a re-trial.
Johns arm healed without surgery or even a cast! Is this serious bodily injury?
Do you think he deserves a re-trial due to the juror?
What can he do if the attorney lies about Bob asking about the juror?

PLease tell me anything you may know that could help him. This happened in a small town in Tenn. where they make up the rules as they go along.
Thanks for anything and everything

 

[lawrat]

very confusing story.


sounds like your friend needs a new attorney to hopefully see if he can appeal for a new trial/dimissal based on aggrious reversable error.

www.attorneypages.com

1) lack of proper investigation by police
2) improper chain of custody of evidence?

3) juror bias?

4) possible perjury?

 

[clayspretty]

LAWRAT

Lawrat thanks for your reply. I want to ask you something else, please. We hired another attorney and was trying to fired the old one. The new lawyer is not wanting the old one fired instead he is using him to do his research and questioning of jurors'.
We resently went for a re-trial hearing. The juror did not make good for himself. it was obvious he was lieing about knowing my friend. He stated that yes he did know him but didn't realize he was the same person until after the verdict. he was asked if he would have changed his verdict had he remembered and he said, "well yes I guess I would have."
The victim in the case only had a broken arm. ( no cast, no surgery and did not even go back to the doctor for a check up on it) can they say this is serious bodily injury? can they deny a new trial when a juror admitts his decision may have been different had he remembered the defendant?
We have been infomed that another juror memeber told the other jurors' that they had to give my friend the maximum charge on this because of something that happened 7 years prior.
The new attorney doesn't think this is going to be worth going through and says we should just got on to appeals court.
Should I insist that we go for another re-trial about the jurors'?
sorry this is so long, thanks for all you knowledge and opinions!