Can a Case Dismissed with Prejudice Be Used for a Murder Conviction

[acflores671]

I was recently acquitted for murder in June 2011. However, I had already served 12 years in prison for it. The prosecution used evidence from a case that was dismissed with prejudice to convict me of the murder in my first trial in which I was sentenced to 25 years. I wanted to ask if my civil rights was violated being the court allowed the prosecution to use evidence from a case that was dismissed with prejudice to convict me on a murder charge, which I service 12 years out of the 25 before I was able to get an aquittal. And do I have other rights that has been violated being that I was wrongfully imprisoned. I feel that my rights have been violated and I have pleaded my case to many local lawyers but no one wants to represent me. I feel that because Guam is a small U.S. Territory no lawyer would risk taking my case to court.

[jk]

Were you prosecuted in a Guam court or a US court? While Guam is a US territory, it does have its own laws which are not necessarily the same as US law.


and why didn't your lawyer argue the inadmissibility of the evidence 12 years ago?

Beyond that, evidence is evidence. Although the other case was dismissed, that does not mean evidence discovered during the investigation of that crime is not admissible in some other trial. It all depends on the totality of the situation as to whether the specific evidence you are referring to would be admissible or not.

[acflores671]

My situation was that I was taken to trial twice with the same circumstances that the prosecution division had stipulated to be dismissed with prejudice without any indication in its stipulation that they would still use the exact evidence for the greater accusations of two murders against me. Their stipulated order got finalized in January 2002 and I was convicted in the first trial in October 2006 and after serving twelve years in prison I was finally acquitted in June 2011. I feel that from the very beginning I brought a lot of issues that were questionable during my trials to the attention of my court-appointed attorneys and I would receive the same responses "don't worry about it; I'll take care of it." I strongly believe that my court-appointed attorneys did not represent me to the best of their abilities, which eventually led to my wrongful imprisonment for a crime I did not commit. I feel that since the beginning, I have been railroaded throughout this process and feel that many of my civil rights/liberties have been violated. I have been searching for representation in my area, I have corresponded with numerous attorneys and have met with several attorneys but after explaining my situation, I get a sense that no one wants to take my case or even look into it. I am hoping that there are still those who believe in the justice system, legal ethical behavior, upholding the law and standing up and defending people such as myself who put faith in the judicial system with the belief that I was afforded my rights, which would be protected and defended.

- - - Updated - - -

Is my case only limited to being filed with a Guam Court or could I seek legal counsel in the US and file my case in a higher US court instead of Guam? My search for local legal counsel continues to fail. I have contacted many lawyers from the local telephone directory and even sought assistance from the Guam Bar Association directory. I have corresponded with many lawyers, met with many lawyers but I am given the impression that no attorney is willing to risk taking my case, or how the old saying goes "get their hands dirty."

[Mr. Knowitall]

I was recently acquitted for murder in June 2011. However, I had already served 12 years in prison for it. The prosecution used evidence from a case that was dismissed with prejudice to convict me of the murder in my first trial in which I was sentenced to 25 years.

You didn't make yourself difficult to identify. In reviewing the decision of the Supreme Court of Guam, the first indictment against you was dismissed by stipulation of the parties in association with the prosecutor's wish to charge a more serious offense (first degree murder instead of attempted murder), while the second and third indictments against you were dismissed without prejudice. Even if the attempted murder indictment was dismissed with prejudice, nothing in such a dismissal would prevent the prosecution from using the evidence associated with that charge in your murder trial.

[jk]

I have corresponded with many lawyers, met with many lawyers but I am given the impression that no attorney is willing to risk taking my case, or how the old saying goes "get their hands dirty."

I think it's more "you can't ride a dead horse" but if you are willing to pay them handsomely, I suspect you will find somebody that is willing to accept your money and argue whatever you want to argue.

[tilliana]

If a case that includes 1st degree attempted murder, 2nd and 3rd degree aggravated assault and 2nd degree burglary is dismissed WITH prejudice, can the prosecution turn around and file for a greater charge of 2 count 1st degree murder and use evidence/facts from the above case that was dismissed WITH prejudice to convict someone for murder?