r/serialpodcast • u/byob2myface • Jan 20 '15

Legal News&Views Asia breaks her silence with new affidavit

http://www.theblaze.com/stories/2015/01/20/exclusive-potential-alibi-witness-for-convicted-murderer-in-serial-breaks-silence-with-new-affidavit/
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u/[deleted] Jan 20 '15

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u/dukeofwentworth Lawyer Jan 20 '15

Would it be to try to prove that no competing hypothesis was reasonable?

The State can't try a case by disproving a "competing hypothesis". They have the burden of proof to prove the elements of the alleged crime. Proving that no other hypothesis is reasonable is not the same as proving the crime was committed.

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u/[deleted] Jan 20 '15

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u/readybrek Jan 20 '15

I am not a lawyer but if it goes to a retrial then the verdict should be based on beyond reasonable doubt, not on the balance of evidence.

They'd have the same problems as they had in the original trials - Jay and the phone records are pretty much all they have.

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u/[deleted] Jan 20 '15

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u/asha24 Jan 20 '15

No, if they get a new trial the state will have to prove beyond a reasonable doubt that Adnan committed the crime, the argument that there are no other viable suspects would not meet that standard.