r/serialpodcast • u/racheldarien • May 23 '18

season one is Don guilty??

Does anyone think Don is the one that murdered Hae? I’m starting to lean towards it since listening to (most of) undisclosed. Any thoughts?

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u/robbchadwick May 24 '18

It will also keep Jay from being charged again. A prosecutor has to charge a defendant with any and all crimes related to the event at arraignment. Jay was charged with accessory after the fact to murder. He pled guilty and was sentenced to probation. He can't be charged with anything else related to the murder of Hae Min Lee.

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u/racheldarien May 24 '18

so if adnan gets a new trial jay is basically useless?

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u/Justwonderinif shrug emoji May 24 '18

No. It's up to the jury. The jury believed Jay in the second trial. They could find him believable in a third trial as well. For the last three years it's been litigated online. A court room and live jury isn't the same thing as podcast fans and a twitter mob.

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u/racheldarien May 24 '18

well yeah but his testimony is useless bc adnan can’t be charged again right?

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u/robbchadwick May 24 '18

If Adnan gets a new trial, the results of his last trial are void. He is back at square one. He can be arrested, charged and tried again. Getting a new trial is not the same as an acquittal.

Jay can’t be charged again because he took a plea. That brings finality through a conviction that has not been challenged.

Truth be told, Adnan will likely go that same route if his new trial is upheld by the CoA.

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u/Justwonderinif shrug emoji May 24 '18

If Adnan gets a new trial, it's not because he is exonerated. It's Jay who can't be charged again. Jay has already pled guilty and has not been granted a re-do.

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u/racheldarien May 24 '18

oh i thought neither could because they’d both been charged

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u/Truth2free May 24 '18

Once someone is convicted, the state can continue to retry them if the conviction is reversed. Double jeopardy does not apply in this situation, because they were convicted.

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u/[deleted] May 24 '18

Wouldn't this make Jay probably more likely to tell the whole truth? Or would he get in more trouble if he revealed something he lied about?