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Breaking: Amero gets new trial

by: drowsy

Wed Jun 06, 2007 at 08:21:11 AM EDT

(Woot! - promoted by mattw)

Scarce updates us: the motion for a retrial was granted. His AP grab is under the fold. Here's a note from The Day that tell us the _state_ conducted more forensics that were withheld from the jury. I thought that the defense was the team that had done more, and the state had seen it but fought it.

http://www.theday.co...

A New London Superior court judge this morning overturned the conviction of Julie Amero, who was found guilty of exposing Norwich schoolchildren to pornography on a computer, and has granted Amero a new trial.
Judge Hillary Strackbein said the state had conducted further forensic information that the jury had not heard at the trial.

drowsy :: Breaking: Amero gets new trial

1) Sentencing day is supposed to be today
2) Her lawyer is filing a motion for retrial, to be heard before sentencing.

http://www.norwichbu...

Amero’s attorney, William Dow III, based today’s motion for a new trial on “evidence discovered after the verdicts and now in possession of the state and the defense.” In light of the new evidence, Dow said the jury reached inaccurate conclusions about Amero’s alleged Web surfing.
Judge Hillary Strackbein is expected to rule on the motion prior to sentencing.

Apparently, this is a tricksy move, that one could chalk up to having William Dow III on the case.

http://www.norwichbu...

"If the court agrees to grant it, the sentencing becomes moot," Newson said. "It's not the most common motion, but it's also not unheard of."
...
In his motion for a retrial, Dow cites the case of Ricky Hammond, who was convicted in 1990 in a rape and kidnapping case, despite DNA evidence proving his innocence. He later was retried.

Best summation by Horner, the guy who dug deeply into the forensics:

"Isn't that the just thing to do?" Horner said. "It would give a much more honorable and clean face to the whole thing."

h/t boingboing

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Breaking: Amero gets new trial | 5 comments

New Trial (4.00 / 3)

(New London-AP) _ A judge has granted a new trial for former Norwich substitute teacher Julie Amero, who was convicted of allowing students to view pornography on a classroom computer.
The Windham woman was convicted of exposing students to pornography on a computer at a Norwich middle school.
Amero has adamantly denied clicking on pornographic Web sites that appeared on her classroom's computer screen in October of 2004 while she was teaching seventh-graders at Kelly Middle School in Norwich.
Amero's lawyers yesterday filed a motion seeking a new trial, and the judge today granted it. The motion claimed that evidence gathered after Amero's conviction casts serious doubt on the evidence that led to the guilty verdict.
Her case prompted national debate over unseen spyware and adware programs, which some technology experts believe might have generated the pop-up ads for pornographic Web sites.

by: Scarce @ Wed Jun 06, 2007 at 09:34:22 AM CDT

Thanks (0.00 / 0)

Thanks for the update. I'm not in the local area and I might have missed this.

by: AThomas @ Wed Jun 06, 2007 at 10:14:16 AM CDT

Timeline getting clearer... (4.00 / 2)

OK, my guess is...

0) Horner digs in, tries to present forensics
1) Prosecution puts up road blocks, court refuses new evidence
2) Jury, with the expert's testimony uncontested, convicts
3) State lab does it's thing, verifies Horner's claims
4) Dow brings a rarely-used precedent to move for a new trial
5) Judge agrees

So this appears to be a victory for the public and the rule of law combined. The outcry over the trial may have served as the impetus for the state to cover Horner's claims. As to law, it is very good to know that there is a recourse for persons who discover evidence after conviction.

I am no lawyer, but it looks as though part of the solution was that Dow found a way to present a motion for retrial as opposed to mistrial. The judge can stand by both rulings in the spirit of justice, without going down the road of questioning competence in the subject matter. The precedent of the DNA evidence is a good one for the complexities of computer forensics.

http://www.wnbc.com/...

Prosecutors did not oppose that motion Wednesday, saying they sent the computer to a state laboratory after the trial and learned of information that may contradict evidence presented by their computer expert.
"Certainly findings found by the state lab may contradict evidence presented by the state expert," said Judge Hillary B. Strackbein, who granted Amero's request for a new trial. "The jury may have relied, at least in part, on that faulty information."
Dow commended prosecutors, saying they acted responsibly.

by: drowsy @ Wed Jun 06, 2007 at 10:17:02 AM CDT

This is al about saving face now (4.00 / 1)

Obviously there was Prosecutorial misconduct here and Incompetence by the Judge.

When this is over this woman will be free because of a free press and BLOGGERS taking up her cause.She was totally sandbagged by our "system of justice".

by: ctkeith @ Wed Jun 06, 2007 at 10:24:04 AM CDT

Prosecutorial misconduct? (4.00 / 1)

Sure looks like it to me, but the larger question that remains to be answered is anybody going to be held accountable for this? Smith and Strackbein don't look too good here and I am sure Julie Amero isn't just going to fade away so it'll be business as usual again.

by: snorwich @ Wed Jun 06, 2007 at 20:10:36 PM CDT