Richard Allen has asked, once again, to have his charges dismissed.  This time, his legal team is says that evidence was destroyed.      So, what would lead to a dismissal? 

A case against a defendant can be dismissed due to missing evidence for several reasons, all of which revolve around the concept of ensuring a fair trial and upholding the principles of justice. Here are the detailed reasons why this might happen:

1. Insufficient Evidence to Support ChargesFor a case to proceed to trial, the prosecution must present sufficient evidence to establish a prima facie case, meaning there must be enough evidence for a reasonable jury to potentially find the defendant guilty beyond a reasonable doubt. If key pieces of evidence are missing, the prosecution may be unable to meet this burden. Without sufficient evidence, the judge may dismiss the case because there is not enough to justify continuing the prosecution.

2. Violation of Due ProcessThe Fifth and Fourteenth Amendments to the U.S. Constitution guarantee due process rights, which include the right to a fair trial. If evidence that is crucial to the defense is lost, destroyed, or otherwise unavailable, this can constitute a violation of due process. The defense must be given a fair opportunity to challenge the prosecution’s case, and missing evidence can impede this right, leading to dismissal.

3. Brady ViolationA Brady violation occurs when the prosecution fails to disclose exculpatory evidence to the defense. Exculpatory evidence is any information that might be favorable to the defendant, either by casting doubt on the defendant’s guilt or by mitigating the defendant's culpability. If evidence goes missing and it’s shown that the prosecution did not disclose it, and this evidence could have affected the outcome of the trial, the case may be dismissed.

4. Chain of Custody IssuesThe chain of custody refers to the documentation and proper handling of evidence from the time it is collected until it is presented in court. If evidence is lost or mishandled, the integrity of the evidence can be called into question. This might lead to the evidence being deemed inadmissible. Without critical pieces of evidence, the prosecution’s case might be too weak to proceed, leading to dismissal.

5. Destruction of Evidence (Spoliation)If evidence is destroyed either intentionally or negligently, it can compromise the defendant’s ability to receive a fair trial. Spoliation of evidence refers to the destruction or alteration of evidence that is pertinent to the case. Courts take a very dim view of spoliation, and if it occurs, the judge may dismiss the case as a remedy, particularly if the missing evidence is central to the defendant’s defense.

6. Lack of CorroborationCertain types of evidence require corroboration to be admissible in court. For instance, some jurisdictions require corroborating evidence to support the testimony of accomplices or victims in specific crimes. If the corroborative evidence is missing, the primary evidence may not be sufficient on its own, leading to dismissal.

7. Pretrial Motions by DefenseDefense attorneys can file pretrial motions to dismiss based on missing evidence. They might argue that the missing evidence is so critical that its absence prevents the defendant from receiving a fair trial. Judges will evaluate such motions carefully and may grant dismissal if they agree that the missing evidence is essential to the case.

The dismissal of a case due to missing evidence reflects the judicial system’s commitment to fairness and the protection of constitutional rights. The legal system requires that evidence be handled with integrity, disclosed properly, and preserved accurately to ensure both the prosecution and defense can present their cases fully and fairly. When evidence goes missing, it undermines these principles, often necessitating the dismissal of the case to uphold justice.

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bobbycapucci@protonmail.com


source:

Delphi murder suspect Richard Allen seeks to dismiss case again (jconline.com)