Can a person get convicted of 1st degree murder with out any evidence?

Asked almost 4 years ago - Chicago, IL

My husband was found guilty of 1st degree murder, the victims friend testified he never saw my husband a day in his life. Three crack heads testified a fixed story for in exchange of money as they stated in the court room, to identify my husband as a shooter.. The incident happened in 2003 in which he was 17 he was jailed in 2008 for this non-sense. The state have no evidence at all leading up to my husband.. He's awaiting sentencing December 7, 2010.

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Three crack heads can, if their story is believed, provide evidence sufficient to convict a person. While some evidence tended to exonerate other evidence tended to implicate. This is only based on what you posted.

    Use a lawyer to assist prior to sentencing.

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  2. Scott Andrew Wineberg

    Contributor Level 14

    Answered . It was not a situation in which your husband was convicted "without any evidence." As you say, your husband was implicated as the shooter by three witnesses. Regardless what you may feel about their character and by implication their credibility, whether or not to believe the testimony of those witnesses is up to the jury, or if this was a bench trial, the judge.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . It is up to a jury to decide what evidence to believe or not believe, and how much weight to give each bit of evidence. If the jury believed the evidence against your husband, then they could find him guilty of the offense. If the judge agrees with your version of the evidence, you might find that he gives your husband a lighter sentence than expected. Follow the advice of your husband's attorney and cooperate with him in any matter in an effort to help your husband.

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