4 ms·

TV footage seems like a WAY better alibi than cell phone pings.

1659447091 2y ago
Not when it was taped an hour and 22 minutes before the murder > "The discovery seemed a home run for Juan, who by then had been in jail over a month. Still, the prosecutor argued that the footage was from 9:10 p.m. — and the murder had occurred at 10:32. Juan ostensibly could have left early, driven to the scene of the crime, and still had time to kill Puebla."
- whatshisface 2y ago
  Somebody needs to tell them that guilt is what has to be established beyond a reasonable doubt...
  - idle_zealot 2y ago
    Not true for jail; only probable cause or reasonable suspicion is required to lock someone up awaiting a court date. Which, of course, can easily ruin someone's life (missing work, deepening debts, the accusation itself can damage reputation). In this case the accused was awarded damages, but that's not usually how this plays out. It's a huge structural problem with our justice system that spits in the face of "innocent until proven guilty." Any attempt to change it though is met with backlash about not being sufficiently tough on crime, and letting dangerous criminals walking the streets, preventing our law enforcement from doijg their jobs, etc.
    - 1659447091 2y ago
      > In this case the accused was awarded damages, but that's not usually how this plays out. The false imprisonment & settlement had to do with the clerical error that had him report back to jail after being cleared of charges. (an ongoing problem in its own right) It is a completely separate issue from being locked up while charges were pending.
rgavuliak 2y ago
Why would you think that? Cell phone ping data is stored for a good amount of time and generated by a 3rd party that has no involvement in the case. Of course the phone can be given to someone else, but it has advantages over suspect generated data.
- kenjackson 2y ago
  The last issue you noted. There was a notorious Instagram page for criminals that noted this as one of the key things to do before committing crime — have an accomplice keep your phone.
  - sidewndr46 2y ago
    Not even that. You could just sit the phone under a park bench.

Not when it was taped an hour and 22 minutes before the murder > "The discovery seemed a home run for Juan, who by then had been in jail over a month. Still, the prosecutor argued that the footage was from 9:10 p.m. — and the murder had occurred at 10:32. Juan ostensibly could have left early, driven to the scene of the crime, and still had time to kill Puebla."

whatshisface 2y ago
Somebody needs to tell them that guilt is what has to be established beyond a reasonable doubt...
- idle_zealot 2y ago
  Not true for jail; only probable cause or reasonable suspicion is required to lock someone up awaiting a court date. Which, of course, can easily ruin someone's life (missing work, deepening debts, the accusation itself can damage reputation). In this case the accused was awarded damages, but that's not usually how this plays out. It's a huge structural problem with our justice system that spits in the face of "innocent until proven guilty." Any attempt to change it though is met with backlash about not being sufficiently tough on crime, and letting dangerous criminals walking the streets, preventing our law enforcement from doijg their jobs, etc.
  - 1659447091 2y ago
    > In this case the accused was awarded damages, but that's not usually how this plays out. The false imprisonment & settlement had to do with the clerical error that had him report back to jail after being cleared of charges. (an ongoing problem in its own right) It is a completely separate issue from being locked up while charges were pending.

rgavuliak 2y ago

Why would you think that? Cell phone ping data is stored for a good amount of time and generated by a 3rd party that has no involvement in the case. Of course the phone can be given to someone else, but it has advantages over suspect generated data.

kenjackson 2y ago
The last issue you noted. There was a notorious Instagram page for criminals that noted this as one of the key things to do before committing crime — have an accomplice keep your phone.
- sidewndr46 2y ago
  Not even that. You could just sit the phone under a park bench.