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December 30, 2007
12 Mildly Perceptive Men
Gib rounds up a couple of cases of juries finding evidence that prosecutors and defense attorneys missed. And it doesn't seem to be goofball evidence, either; in one case, a robbery case, juries inspected a jacket belonging to the defendant and found a rolled up wad of cash and a rubber glove -- which had been entirely missed by lawyers for both the state and defendant.
Jurors said they hadn't based their verdict on the discovery (to be honest, it's not smoking-gun proof anyhow, just baffling that it could have been missed) but the judge ordered a new trial anyway, which was probably the right call, given the fact that the sixth amendment guarantees the right to have one's case prosecuted and defended by people who aren't drooling imbeciles.