Legal Question in Criminal Law in California

My husband was convicted of murder and is serving 30-life. Recently, the occupant of the home where the murder took place came forward stating she would like to "clear her conscience" as she is facing imminent death by cancer and stated she witnessed who actualIy shot and killed the victim. We would like to find out the best way to secure the evidence so that it will hold up in court and the DA or attorney general can't argue against it, as she may pass any day now.

*I don't know if this is relevant but my husband has exhausted all of his appeals up though the US Supreme Court.


Asked on 1/11/10, 12:51 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You should discuss this with the lawyer who represented your husband at trial. Bear in mind that statements like this aren't necessarily true, even when the source is dying. And there may have been plenty of other evidence against your husband. This woman's statement is not a get-out-of-jail-free card, but it's definitely worth pursuing.

Good luck.

Read more
Answered on 1/16/10, 2:52 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Did this witness testify at your husband's trial? If so and she lied, she could be facing perjury charges. Discuss this with your husband's lawyer and get a videotaped deposition of the witness. Make sure the witness has a lawyer and that you video tape it as well as have a court reporter record it. You may want to invite the district attorney to the deposition. Good luck.

Read more
Answered on 1/18/10, 9:03 am


Related Questions & Answers

More Criminal Law questions and answers in California