The Long Island Serial Killer: Rex Heuermann And The Possible Defense Strategy (6/17/24)
17/06/2024
0:00
19:21
Defending a client in a murder case where the evidence, including DNA, overwhelmingly points to their guilt is highly challenging. However, a skilled lawyer might employ several strategies to provide the best possible defense. So, what sort of strategy might be used by Rex Heuermann and his team at trial?
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source:
Defending the Devil: Serial Killer Lawyers Speak Out on Gilgo Beach Murders - Newsweek
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- Challenging the Evidence:
- Chain of Custody: The lawyer might question whether the evidence was properly handled from the crime scene to the courtroom, suggesting possible contamination or tampering.
- Forensic Procedures: They could scrutinize the methods used to collect and analyze the DNA evidence, aiming to find procedural errors that could undermine the reliability of the results.
- Alternative Theories:
- Third-Party Culpability: The defense might suggest that someone else had access to the crime scene and could have left the DNA, presenting alternative suspects.
- Consent or Innocent Transfer: If applicable, the lawyer might argue that the client's DNA was present due to consensual contact or innocent transfer, rather than through criminal activity.
- Questioning Witness Credibility:
- Inconsistencies: The lawyer could highlight inconsistencies in witness testimonies or point out any reasons witnesses might have to lie or misremember events.
- Bias and Motive: They might argue that witnesses are biased or have motives to falsely implicate the defendant.
- Psychological Defense:
- Mental Health: The lawyer could argue that the client was suffering from a mental disorder at the time of the crime, which impaired their ability to understand their actions or differentiate between right and wrong.
- Diminished Capacity: They might claim that the client’s mental state, though not exonerating them completely, should mitigate their culpability.
- Procedural Defenses:
- Violation of Rights: The defense could argue that the client's constitutional rights were violated during the investigation, such as through unlawful search and seizure, leading to the suppression of critical evidence.
- Coerced Confession: If there is a confession, the lawyer might contend it was obtained through coercion, making it inadmissible.
- Plea Bargaining:
- Reduced Charges: If the evidence is overwhelmingly against the client, the lawyer might negotiate a plea deal for lesser charges or a reduced sentence, arguing for mitigating factors like the client’s lack of prior criminal history or remorse.
- Humanizing the Client:
- Character Witnesses: The defense might bring in witnesses to attest to the client's good character, arguing that the crime is out of character and presenting them in a sympathetic light.
- Background and Circumstances: They could present evidence about the client’s background, upbringing, and circumstances that might have led to their involvement in the crime, seeking to evoke empathy from the jury.
(commercial at 12:04)
to contact me:
[email protected]
source:
Defending the Devil: Serial Killer Lawyers Speak Out on Gilgo Beach Murders - Newsweek
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
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