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  1. #1
    Join Date
    Nov 2013
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    2

    Default Burglary Charge Based on DNA Evidence, Co-Defendant's Statement

    My question involves criminal law for the state of: Georgia

    I have a friend who was recently picked up due to his public intoxication and giving false information to an officer, he also had a warrant out for burglary. The case is from 2008, and the statue of limitations doesn't apply because there was blood DNA at the scene of the crime. He was put into the state's DNA system last year for going to prison for a violation of probation (original charge was theft by shoplifting) and the match came up. He was later re-swabbed for DNA and questioned by a detective when he was consecutively transferred to another county's facility for the same charges (vop/shoplifting). The only information we have to go off of, is his jaded memory of the night he was intoxicated (by alcohol and possibly illegal drugs) and the police statement. His blood was also found outside of the building, there is no evidence he was inside the building, nor was anything stolen. There is a witness, his codefendant who claims my friend was with him during the crime. The problem is this: the police statement says there were two males (one white and one black) and the black male fled the scene. The black male is supposed to be my friend, who is not even a little tan. The white male is the codefendant, who, according to the police statement, was claiming he was Jesus, son of God. He had to of been pretty high on drugs. Nothing was stolen. This is all regarding a commercial burglary at an apartment complex leasing office in the middle of the night. Personally I believe that my friend was around people he didn't know well (it may have been drug related, but that doesn't sound too good in court). He has a history of drinking and drugs and has a mouth on him, so I don't doubt someone pistol whipped him, leaving his blood there on the ground. My friend also has a long list of priors, with theft by shoplifting being his most severe conviction.

    There are a lot of factors going against him, but in your professional opinion, is there sufficient evidence to prove beyond a reasonable doubt that he committed this crime? I don't think there is, but the county he's dealing with is known for being harsh with convictions, not to mention it's Georgia.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Chances of Conviction with Such a Weak Case

    The only "professional" opinion that counts is his lawyer's opinion.

    Does he have one.

    If yes, he needs to talk to him and not spread his story all over the internet where the prosecutor's can find it and use it against him.

    If he doesn't have a lawyer, he should get one now.

    My layman's opinion: People have been sent to prison with less evidence.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Chances of Conviction with Such a Weak Case

    He has a history of drinking and drugs and has a mouth on him, so I don't doubt someone pistol whipped him, leaving his blood there on the ground.
    so how did he run away?


    and the statute of limitations doesn't apply if he was charged already. Given there was a warrant, that would mean charges were already filed ergo; no SOL so he is sol on that point.


    So, with this:

    The only information we have to go off of, is his jaded memory of the night he was intoxicated (by alcohol and possibly illegal drugs) and the police statement.
    how can he even begin to argue in contrast of what the other suspect claims?

    There is a witness, his codefendant who claims my friend was with him during the crime.
    that and the blood is pretty damning

    The problem is this: the police statement says there were two males (one white and one black) and the black male fled the scene. The black male is supposed to be my friend, who is not even a little tan
    where did they get the description of 1 m/black and 1 m/cauc? Apparently there is a witness other than the co-defendant.

    Your friend needs the best lawyer he can afford.

  4. #4
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Chances of Conviction with Such a Weak Case

    I am simply assuming he was intoxicated that night (he never said he was, but he had a history of partying back then, which is why it's understandable to me that his blood was found there... that and he also gets a mouth on him when he drinks), he was never physically caught at the scene. Somehow the police were called that night (I assume by an alarm going off) and the police officer is the one who stated there were two males. The officer is directly implying that my white friend is the black male he described that night. At some point I suppose my friend ran off. He hasn't divulged explicit information to me, so he's not beginning to argue anything. I'm only stating what may have happened {regarding intoxication or being hit (though I guess that's implied by the blood)}. The only concrete evidence there is, is his blood at the scene, so I'd understand criminal trespass, but burglary?! I do know that the DNA is bad news, that's why I'm here gathering others' opinions because I can see it going either way.

    Also, the first news he ever received about this case was when the detective came to reswab him for a DNA match. He had never been charged with anything, until there was a warrant put out for his arrest in March of this year. He doesn't even know his codefendant.

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