Question
The accused was arrested and charged with murder based upon the evidence provided by two reinterviewed witnesses. The case was already four years old when
The accused was arrested and charged with murder based upon the evidence provided by two reinterviewed witnesses. The case was already four years old when both witnesses were reinterviewed by police.Originally the case involved the accused attending a private birthday party in his honor.During the party a guest was shot and killed outside the hall where the party was being conducted.Originally, the two witnesses provided alibi statements for the accused.One told police that he was in the hall with the accused the whole evening and that the accused never left the hall during the shooting.The second witness testified to being outside during the shooting but did not see the accused ever leave the building or shoot the victim.During the first four years of the investigation, police focused their investigation on a possible gang connection to the victim and only used the accused as a witness.When the police reinterviewed the two witnesses, both changed their stories and implicated the accused in the killing.The first witness was held in an interview room in excess of 6 hours without being afforded her right to counselby the police.She was cautioned for obstructing or aiding the accused following the murder.The witness was reminded that if incarcerated that she could lose her children as she wouldn't be around to look after them.The second witness was held in an interview room for over 8 hours.He too was not afforded an opportunity to contact counsel.He was cautioned for obstructing a police investigation and lying to help the accused.At one point in the 8 hour interrogation, the witness was held in the interview room during while the police facility experienced an earth quake.Both witnesses changed their statements enough to show that the accused was now culpable for the murder of one of his birthday guests.The accused was subsequently arrested and served 3 years of pre-trial custody.He was later acquitted of the charges when the presiding judge instructed the jury to find the accused not guilty of the murder, and cited that the police used 'abusive', and 'threatening' tactics against the main witnesses and 'manufactured' evidence incriminating the accused.The tactics used to change the witness testimonies was later identified as the REID Technique by a local paper investigating the allegations. How do the issues identified impact the case? |
A. The statements are thrown out.
B. The accused was acquitted of murder.
C. Answers 3 and 4
D. There wasn't any impact to the case as the witness statements were not used, thus not affecting the case outcome.
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