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  1. #1
    Join Date
    Aug 2011
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    1

    Default Can You Get a New Trial if the Investigating Officer is Convicted for Misconduct

    My question involves criminal law for the state of: IL

    In 2008 an investigation was lead by a FBI agent against my husband. My husband was arrested after a raid of his home was conducted and a supposed $43,000 was confiscated from the basement. My husband DIDN"T plead guilty, spent a year and a half in the county jail fighting his case, took his case to trial and was sentenced to life in prison with no possibility of parole on conspiracy charges. Since then my husband was sent to Pollock, LA to a federal prison. The only piece of evidence shown in his original trial was a photograph of the "money". Yesterday the FBI agent who headed his case was convicted of never logging the supposed "money" into evidence and he plead guilty to "misplacing the money. The money never made it to the FBI vault. This same agent lied during my husbands trial stating two other agents witnessed him logging it into evidence, this to was admitted during the agent's conviction to be a lie. Is this, or could this be enough grounds to turn my husbands case or at least give him grounds to request a new trial?? He was sentenced to life in prison with no parole based off of evidence that doesn't exist and that the head FBI agent in his case admitted to not logging into the FBI vault..... any suggestions or help would be greatly appreciated

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get a New Trial if the Investigating Officer is Convicted for Misconduct

    If there was no dispute in the trial that the money existed, the the fact that the officer has been convicted of 'losing' it is irrelevant. It would appear that these issues were addressed in the original criminal trial, as the money was not available for the trial - just the photo.

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