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JUSTICE1st
Joined: 13 Dec 2007
Posts: 715
Location: USA
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 Posted: Tue Apr 08, 2008 5:20 pm Post subject: CS's Evidentiary Hearing-Wasn't it April 7? |
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It just hit me that CS's evidentiary hearing was yesterday, at least I believe it was. Pia, do you know how it went? Was the hearing held, and what were the results? If it wasn't held yesterday, was it rescheduled?
I'm hoping to hear some good news on this, like all the charges were finally DROPPED, but I'll wait to hear what actually happened.
J 
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"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954 |
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Pia
Joined: 12 Dec 2007
Posts: 208
Location: www.freecynthia.com
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| Posted: Wed Apr 09, 2008 8:12 am Post subject: |
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Sorry Justice....The hearing was rescheduled for May 14. The same day the trial was supposed to have started. Now it will be the hearing then if the judge denies the motions, the trial will begin afterwards. I am not sure how many days the hearing will last. It depends on the witnesses from both sides. At this point, I can only guess who they will be...and I would probably be wrong...LOL
That is all I know so far. I want to go out for the trial but I haven't made any reservations yet.
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Justice is conscience, not a personal conscience but the conscience of the whole of humanity. Those who clearly recognize the voice of their own conscience usually recognize also the voice of justice.
Alexander Solzhenitsyn |
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JUSTICE1st
Joined: 13 Dec 2007
Posts: 715
Location: USA
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| Posted: Wed Apr 09, 2008 12:51 pm Post subject: |
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| Pia wrote: | Sorry Justice....The hearing was rescheduled for May 14. The same day the trial was supposed to have started. Now it will be the hearing then if the judge denies the motions, the trial will begin afterwards. I am not sure how many days the hearing will last. It depends on the witnesses from both sides. At this point, I can only guess who they will be...and I would probably be wrong...LOL
That is all I know so far. I want to go out for the trial but I haven't made any reservations yet. |
I'm sorry to hear that, I was really hoping to hear that the state would be dropping all charges against Cynthia, since they had nothing to begin with. I should have known better. Seems to me that LG is a very sore loser, but that's just my personal observation.
I hope Cynthia is doing okay; it's probably very hard for her not to be able to see her kids after all this time. But May 14 is just a little over a month away, so I'll hope for good news then.
J
_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954 |
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SaberGal
Joined: 12 Dec 2007
Posts: 349
Location: Oregon
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| Posted: Wed Apr 09, 2008 5:57 pm Post subject: |
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| JUSTICE1st wrote: | | Pia wrote: | Sorry Justice....The hearing was rescheduled for May 14. The same day the trial was supposed to have started. Now it will be the hearing then if the judge denies the motions, the trial will begin afterwards. I am not sure how many days the hearing will last. It depends on the witnesses from both sides. At this point, I can only guess who they will be...and I would probably be wrong...LOL
That is all I know so far. I want to go out for the trial but I haven't made any reservations yet. |
I'm sorry to hear that, I was really hoping to hear that the state would be dropping all charges against Cynthia, since they had nothing to begin with. I should have known better. Seems to me that LG is a very sore loser, but that's just my personal observation.
I hope Cynthia is doing okay; it's probably very hard for her not to be able to see her kids after all this time. But May 14 is just a little over a month away, so I'll hope for good news then.
J |
I think your observations about LG are "spot on!" I too am hoping that the May 14th hearing will bring Cynthia some long overdue justice and good news.
_________________
"Evil triumphs when good men do nothing."
- E. Burke
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That's OK. I wasn't using my civil liberties anyway. (Insert rolly eye emoticon here) |
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Pia
Joined: 12 Dec 2007
Posts: 208
Location: www.freecynthia.com
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| Posted: Sat Apr 12, 2008 7:20 pm Post subject: |
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Depending on what the experts have to say, there may not be a trial. That is what we are hoping for anyway.
Many of us who listened to Judge Deddeh when he granted the new trial think that if they had asked for an evidentiary hearing before the first trial, it would have never happened. Honestly, I don't see how it could have. If Poklis, Labay and Bakowska had said the things they testified to after Centeno testified to his original thoughts of contamination, along with the 16 breaks in the chain of custody, how could any judge let this proceed? That was the thing though...none of that was brought up before the trial started.
Add to the fact that the “arsenic” was the only evidence that they had of a murder, if it showed this much unreliability, how could a judge let it go on?
_________________
Justice is conscience, not a personal conscience but the conscience of the whole of humanity. Those who clearly recognize the voice of their own conscience usually recognize also the voice of justice.
Alexander Solzhenitsyn |
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JUSTICE1st
Joined: 13 Dec 2007
Posts: 715
Location: USA
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| Posted: Sat Apr 12, 2008 8:45 pm Post subject: |
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| Pia wrote: | Depending on what the experts have to say, there may not be a trial. That is what we are hoping for anyway.
Many of us who listened to Judge Deddeh when he granted the new trial think that if they had asked for an evidentiary hearing before the first trial, it would have never happened. Honestly, I don't see how it could have. If Poklis, Labay and Bakowska had said the things they testified to after Centeno testified to his original thoughts of contamination, along with the 16 breaks in the chain of custody, how could any judge let this proceed? That was the thing though...none of that was brought up before the trial started.
Add to the fact that the “arsenic” was the only evidence that they had of a murder, if it showed this much unreliability, how could a judge let it go on? |
I agree, there seem to be too many problems with the "scientific evidence" in the prosecution's case, which is why I believe LG went off on a wild fishing expedition with the so-called "behavior evidence." Well, she may have caught her "fish" (the conviction), but then she had to let it go because the "bait" (behavior evidence) was bad from the start. 
When I was reading the book UNTIL PROVEN INNOCENT, I saw a reference to what is called a "probable cause hearing," which I think can be done in NC, but most prosecutors don't like those. Certainly Mike Nifong didn't, and we all know why by now. He went with the grand jury indictments because they are least favorable to defendants.
It's only my feeling, of course, but I think the interests of justice would be better served, for BOTH sides, if such probable cause hearings were part of criminal procedure in all states, if they aren't already. If the prosecution knows they have a case where they can PROVE a defendant's guilt beyond a reasonable doubt, let them present what they've got. If the defense knows the prosecution has NO case with solid evidence to back up the charges, they should be able to poke huge holes in it, and save the state the cost of a trial. Now, if I'm wrong about the purpose of a probable cause hearing, I hope someone will correct me, but that was my impression when I read it. I can't remember what page it was on in the book either. 
J
_________________
"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954 |
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