One of the kids’ parents know some dark shit on that DA and used it against them. This is a conspiracy theory of mine that has no merit or evidence, but it’s the only way to make it make sense that they wouldn’t even put out a warrant for phone data.
I have found that police and prosecutors can be very lazy.
Back in my hometown, they kept an innocent woman jailed for over a year on murder charges while she and her lawyer begged them to look at the location data for her phone. When they finally got around to it, it was enough to prove to them that she was innocent (her husband framed her for the murder).
Why would phone location be enough to prove anything. Anyone with half a brain cell would know to leave the phone somewhere else because they spy on you constantly.
She talked on it for one so there were calls, and she was out and about but never anywhere near the crime scene. While the husband's cellphone had pinged near the crime scene at the time of the crime. I don't think the husband had a working brain cell. I think he was kind of lucky (at least for a little while).
While I might suspect that a phone that was just "at home" the whole time in question could be someone having left it behind before doing their criming. When they have phone calls that the other person backs up and the phone is traveling around but nowhere near the crime scene, it's a bit more compelling.
I dunno, it seems circumstantial. Conspiracy happens. Someone could just agree they talked and the phone has no further information other than a call was made.
What was the evidence that led to her being in jail for a year?
The call being made, which shows who they talked to, and for how long, and where, does actually establish quite a bit of information. Keep in mind you actually have to prove a conspiracy and not just assume one exists and work backwards.
Oh, the accused woman's young son also had a device that was pinging off cell towers, and the locations matched to where the woman's cellphone was pinging.
The victim was the husband's ex-wife who had had arguments and some minor physical fights with the accused and the gun used was matched to one that the accused woman owned (though kept in the house that she shared with her husband). There was talk that the accused suspected the husband of having an ongoing affair with the ex-wife. And there were some text messages between the accused and the husband that were construed as threatening.
There was no DNA or fingerprint evidence. The husband's car was also caught on a bank surveillance camera near the scene of the crime. Really all the police had was the gun being hers, previous acrimony, and some vague but threatening text messages to her husband from the night of the murder and thereabouts (he had initially claimed he hadn't left his house that evening).
It would, to me, be a weird way to do a conspiracy. Use your own gun (to the point of smashing part of it against the victim's truck in order to leave some of the pink plastic parts behind as evidence) and send vaguely threatening texts to your husband but set it up so someone else drives around with your phone and your son's tablet making phone calls to people who would agree to cover for you. And get your husband to lie about where he was while also taking his cellphone to the murder scene.
Not sure that just not bothering to get evidence is a clearly established violation of her constitutional rights to the point that she would overcome qualified immunity in a lawsuit.
There is also a requirement for being tried in a timely manner etc. etc. Qualified Immunity is when an individual is targeted for litigation. Suing the department I *believe* is not included in QI. Suing the city and police department isn't the same. But might vary from state to state.
I couldn’t find anything about a lawsuit. It’s been a decade now, so there may have been a settlement. After she was released from jail, the wrongfully accused said she was going to become a lawyer, though she didn’t yet have a bachelors degree when she was released. So I don’t know if she followed through with that or how far along she is. Not easy to find info beyond when she released and when she testified against her ex-husband.
The bill of rights protects from imprisonment without due process. Basic evidence and hearings are part of that—imprisoning her was a categorical violation of the fifth and sixth amendments.
Cops in general. I found out that someone in my circle brought illegal drugs into the state. I notified the police. HUNT or whatever it's called. Cop asked me for proof so I got the key to the guys camper van, went in, snapped some pictures, and still wasn't enough. Gave them the address, the name, every possible scrap of information. Even how long the guy was going to be here. NOT ONE COP CAME OUT until like 3 months after the guy went back to new york.
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u/renlydidnothingwrong 14d ago
DA refused to bring charges due to lack of evidence despite there being a group chat where the perpetrators plan, discuss, and joke about the crime.