Legal Question in Criminal Law in Illinois

Lost evidence during a murder trial
During a trial for murder, where there were no witnesses, and the only evidence available was the two vehicles involved does the state have an obligation to preserve the evidence. The state police were able to do their report, but when the case went to trial, the defendants expert reconstructionest was unable to view the vehicles.He was able to read the states report but found several discrepencys.

Asked on 8/21/05, 9:27 am

Zedrick Braden III Ainsworth & Associates PC

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Re: Lost evidence during a murder trial

Hello. The State cannot destroy or conceal evidence. To do so prejudices the defendant and

may be a basis for the defendant to appeal his

conviction, assuming he/she was convicted. I will

be happy to answer any additional questions that

you might have.

Answered on 8/21/05, 9:44 pm

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