Prosecutors in the Casey Anthony Trial Caught Failing To Disclose Exculpatory Evidence to the Defense

Although Casey Anthony was acquitted of killing her daughter and could never be re-tried again in Florida (under the doctrine of double jeopardy) for charges in which she was acquitted of, it has now been revealed by one of the prosecutions witnesses that even if she had been convicted the conviction would have been overturned on appeal.

During the trial the prosecution proffered the expert testimony of their computer expert from the Orange County Sheriff’s Office, Sgt. Kevin Stenger, whom testified that Ms. Anthony’s computer searched for the word “chloroform”, 84 times, and that he determined this by using the forensic software called, “CacheBack.”

However, back in late June of 2011, the developer of the software John Bradley notified the prosecutors that their findings were wrong because of a flaw in his software which he later discovered and corrected.  Upon correction Mr. Bradley learned that the Anthony computer only searched for the word “chloroform” once.

Upon discovering the error, Mr. Bradley the developer of the software called “cacheback”, which is commonly used in law enforcement to discover computer search history, offered at his own expense to fly to Orlando and testify to his findings.  Mr. Bradley is the chief executive officer of Siquest a Canadian company which manufactures the software.

In violation of Brady v. Maryland, the prosecutors never disclosed Mr. Bradley’s findings to the defense, and it is without doubt that even if she was convicted with this type of blatant misconduct by the prosecution her conviction would have been overturned on appeal.

I wonder whether there was additional misconduct committed by the prosecution in this case, and I applaud the jury for doing the right thing in this case and following the law of reasonable doubt.   

It is yet too been seen if Sgt. Stenger and the prosecutors in the Casey Anthony will be investigated for their misconduct and unethical conduct.  Unfortunately, I suspect not.

By: Vincent J. Sanzone, Jr., Esq.

Dated: July 28, 2011

Law Office of Vincent J. Sanzone, Jr.

CriminalDefenseNJ.com

Elizabeth, New Jersey

(908) 354-7006

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Cross-Racial Identification, Conditional Discharge Bar to PTI, and Consent to Enter Apartment Does Not Mean Consent to Search

Defendant Discharged from the Municipal “Conditional Discharge Program” cannot Be Admitted into

Pretrial Intervention Program.

In State v. O’Brien the Appellate Division held that a defendant who was admitted and successfully discharged from the conditional discharge program pursuant to N.J.S.A. 2C:36A-1 cannot be admitted over the prosecutor’s objections to the Pretrial Intervention Program pursuant to Rule 3:28.

Defendant Entitled to Cross-Racial Identification

Jury Instructions where Identification is a

Critical Issue and No Independent Corroboration of

Victim’s Identification.

In State v. Walker the Appellate Division held that when identification is a critical issue in cross-racial identification, and there is no independent cooperation of the suspect’s identity, the Court must give the jury the cross-racial identification charge.

This case reaffirms the New Jersey Supreme Court’s seminal case, State v. Cromedy which held that eye-witnesses experience a “cross-racial impairment” when identifying members of another race, with “decreased accuracy in the recognition of other-race faces that is not within the observer’s conscious control.

Police Officers Who Gain Entry into an off-Campus College Apartment by Consent, Investigating a Noise

Complaint, do Not Have a Right to Prance Around

the Apartment looking for Contraband.

In State v. Kaltner, the Appellate Division held that warrantless searches of homes are presumptively unreasonable, and accordingly, held that ecstasy pills found in plain view of an off-campus college apartment at Monmouth University, must be suppressed.  In this case although the police officers had consent to enter the apartment, they did not have consent to search the apartment without a warrant.  This holding was based on the additional fact that there was no apparent emergency which permitted the officers to fan out into the various rooms once inside the apartment.  The community-caretaker exception was not applicable in this case and could not justify the search.

By: Vincent J. Sanzone, Jr., Esq.

Dated: July 28, 2011

Law Office of Vincent J. Sanzone, Jr.

CriminalDefenseNJ.com

Elizabeth, New Jersey

(908) 354-7006

NJ criminal attorneys, NJ criminal lawyers, NJ criminal defense lawyers, NJ criminal defense attorneys, Newark criminal lawyers, Elizabeth nj criminal attorneys, Elizabeth criminal defense lawyers.  Union county nj criminal lawyers.

No Reasonable Expectation of Privacy for Cell Phone Tower Locations on Cell Phone

The Appellate Division in State v. Earls came down with a decision which held that tracking a suspect’s general location using cell phone towers is not unconstitutional under the State or Federal constitutions, and that a judicial warrant is not necessary for that information to be disclosed to law enforcement by the cell phone carrier, without the suspects consent or knowledge.

The decision is not shocking and is in conformity with the general rule of law that a suspect does not have a reasonable expectation of privacy with anything that is open to public view.  Of course it is legal for a law enforcement officer to follow a suspect who is out in public without a warrant.  That same logical and legal reasoning holds that a someone who has in his possession a cell phone which is turned-on; can reasonably suspect that his location will be tracked through the satellite signals to and from the nearest cell phone tower nearest to his cell phone.

In one particular criminal case in Somerset County, I was able to obtain an acquittal and obtain a not guilty verdict on every count of the indictment when it was pointed out to the jury that law enforcement could have pinpointed the general location of the defendant, who was in Essex County and not in Somerset County at the time of the alleged crimes, but failed to do so.  With all advanced technology if used properly it can be a useful tool of both law enforcement and the defendant to help exonerate an innocent defendant.

Law Office of Vincent J. Sanzone, Jr.

CriminalDefenseNJ.com

Elizabeth, New Jersey

Dated: July 15, 2011

Cell Phone Tower Tracking in New Jersey, Legality of Cell Phone Tower Tracking of Suspect in New Jersey, Cell Phone Carrier Tracking of Suspects, Whether it is Legal to Cell Phone Tower Track of Cell Phones.

Prominent European international news wire service, AFP reporter Stephane Jourdain of Paris France interviews Attorney Vincent Sanzone on the Dominique Strauss-Kahn Case.

On July 5, 2011, the prominent international European news wire interviewed attorney Vincent Sanzone and his prediction that the sexual assault criminal charges against Dominique Strauss-Kahn will be dropped by the Manhattan District Attorney’s Office because the alleged victim has lost all credibility and the D.A. office will not risk losing another high profile case.

http://es-us.noticias.yahoo.com/cargos-eeuu-jefe-fmi-retirados-prensa-152913139.html

The Sanzone interview was also covered by the prominent European news papers, El Economista and Terra.

http://eleconomista.com.mx/internacional/2011/07/05/ven-fracaso-acusaciones-contra-strauss-kahn

http://www.terra.com.mx/articulo.aspx?articuloId=1151256

Law Office of Vincent J. Sanzone, Jr.

CriminalDefenseNJ.com

Elizabeth, New Jersey

New Jersey Criminal Trial Lawyer, NJ. Criminal Attorney, Union Count, Essex County, Bergen County, Hudson County, Middlesex County, Monmouth County, Somerset County, Ocean County criminal lawyer.