Sunday, August 31, 2008

The Giles Case: Good for Mechele's Case

This is slightly old news, but I just found a good article that describes the situation, so I figured I'd post it now.

A few months ago, the Supreme Court overturned the murder conviction of Dwayne Giles, ruling that allowing statements from the deceased victim to be used against the accused violates the defendant's right to confront the accuser.

Basically, the Supreme Court is saying that a dead person can't "testify" because he or she cannot be cross-examined. Although the ramifications for this sort of ruling are being questioned for domestic abuse cases, it is great for those of us who believe Mechele should be freed. The ruling sets a precedent saying that evidence such as Leppink's letter to his parents should be inadmissible because he cannot be questioned about it.

If you'd like to read more about the Giles case, go here.

2 comments:

Red Dirt And Gin said...

YES! That is such a good thing to hear. I thought using that was completely unfair. Especially since it could be the product of a jealous mind. Someone who is depressed and wanting revenge. It's happened before and isn't at all implausible. Plus it always seemed very wrong to use something that cannot be spoken for. We don't know the circumstances in which he wrote that....and never will.

Rebecca said...

Wow, I've just watched...dateline I believe(or maybe 48 hours, either way not really important), and I have never been so shocked. Usually when hearing of these stories on programs such as Dateline and the like, I feel without a doubt that the person is guilty. After watching Mechele's story, this is the VERY FIRST TIME I have felt without a doubt that the accused was innocent.

In fact, nothing they used against her seemed appropriate evidence to accuse anyone. I'm so sick.
They know so very little, to judge her guilty of murder merely for being a stripper at one time. It seems to be the situation to me.

I was once like her. When I was 20 I danced and had many regulars too. These men are usually mentally unstable. They believe they are in love and that the girl feels the same way. I was raped by such a man.
Shortly after I met my husband, got out of the Business(like Mechele) and I live a normal life. I've never looked back on it and no one would ever believe I was ever a stripper. That doesn't define who I am as a person and it should not be used to convict a person of murder. I have a daughter too and I try to teach her to be a very kind person, kind to animals and people that others would treat as second class citizens.

I wish I could do something to help Mechele. Seeing as how I live here in Memphis, TN I doubt that I can. I would like to write a letter to someone it might make a difference to, if possible. I feel so badly for Mechele and her family. Mechele's husband seems very loving, like my own, I imagine he's going half crazy right now without her.