June 7, 2011

What does 'beyond a reasonable doubt' mean?

How much proof is "proof beyond reasonable doubt"?

Wikipedia states, "Proof beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems (such as the United Kingdom and the United States). Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard ... to the extent that there could be no 'reasonable doubt' in the mind of a 'reasonable person' that the defendant is guilty."

Is there reasonable doubt about the conviction of Dennis Dechaine? Let me count the ways:

Dechaine requested and offered to pay for DNA testing before the trial, but the court refused to allow it on grounds it would have delayed the trial. Yet both blood typing and later DNA test results from tissue under the victim's thumbnail exclude Dechaine.

Time-of-death analysis by two nationally renowned forensic pathologists indicate that Dechaine was already under police control when the victim was killed.

Police investigators' trial testimony claiming Dechaine confessed is contradicted by their own notes.

Far more plausible alternative suspects were ignored by police investigators at the time of the crime, and the existence of information about same denied to the jury by the prosecution.

Six weeks following Dechaine's filing a motion for retrial, the state incinerated the rape kit and other biological evidence without notifying either the court or the defense.

Surrounding all this is the implacable campaign by the Attorney General's Office to thwart any attempt to resolve these doubts. Meanwhile, Dechaine languishes in prison, the victim's family is prevented from gaining real closure, and the public's confidence in its justice system keeps eroding.

All this would -- no doubt -- end with a retrial, if only citizens would insist upon it.

Bernie Huebner

Waterville

Were you interviewed for this story? If so, please fill out our accuracy form

Send Question/Comment to the Publisher




Further Discussion

Here at PressHerald.com we value our readers and are committed to growing our community by encouraging you to add to the discussion. To ensure conscientious dialogue we have implemented a strict no-bullying policy. To participate, you must follow our Terms of Use.

Questions about the article? Add them below and we’ll try to answer them or do a follow-up post as soon as we can. Technical problems? Email them to us with an exact description of the problem. Make sure to include:
  • Type of computer or mobile device your are using
  • Exact operating system and browser you are viewing the site on (TIP: You can easily determine your operating system here.)


Most...