Boating Accident/Death off Diamond Island

Mr. V · 03-14-2010, 02:20 PM

My point: nobody is innocent, but not all are guilty.

It's a matter of semantics.

As for the floating beer cans not being conclusive proof: they don't have to be.

She can be convicted on nothing but circumstantial evidence: it happens all the time.

A jury out here just sentenced a guy to death based solely on circumstantial evidence: no DNA, no hair and fiber, no witnesses, no murder weapon: no direct evidence whatsoever.

Doesn't matter: not needed: he had a strong motive (jealousy and revenge) and his cell phone records placed him near the murder scene at the time: that is circumstantial evidence, and it convicted him.

So yeah, the floating beer cans are admissible as circumstantial evidence; it is up to the jury to determine what weight to give them.

FWIW, I think the testimony of the doctor who arrived immediately at the scene and found her slumped over the wheel (coupled to the facts that it is her boat, and her friend claims she wasn't too drunk to operate it) shows she was the driver, beyond a reasonable doubt.

Unless the jury goes OJ, I foresee the gray bar hotel in her immediate future.

03-14-2010, 02:20 PM	#11
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,477 Thanks: 68 Thanked 265 Times in 182 Posts	My point: nobody is innocent, but not all are guilty. It's a matter of semantics. As for the floating beer cans not being conclusive proof: they don't have to be. She can be convicted on nothing but circumstantial evidence: it happens all the time. A jury out here just sentenced a guy to death based solely on circumstantial evidence: no DNA, no hair and fiber, no witnesses, no murder weapon: no direct evidence whatsoever. Doesn't matter: not needed: he had a strong motive (jealousy and revenge) and his cell phone records placed him near the murder scene at the time: that is circumstantial evidence, and it convicted him. So yeah, the floating beer cans are admissible as circumstantial evidence; it is up to the jury to determine what weight to give them. FWIW, I think the testimony of the doctor who arrived immediately at the scene and found her slumped over the wheel (coupled to the facts that it is her boat, and her friend claims she wasn't too drunk to operate it) shows she was the driver, beyond a reasonable doubt. Unless the jury goes OJ, I foresee the gray bar hotel in her immediate future.