We’ve often talked about the interplay between technology and our courts, as well as our constitutional rights. But a new case involving a Maryland criminal conviction is a sobering reminder that although technology can sometimes exonerate accused defendants, it’s not always completely reliable in the eyes of a jury.
Man Convicted Despite GPS Evidence
In 2009, a Maryland girl was shot and paralyzed. Convicted of the crime was a man named Lamont Davis. What makes the case extraordinary is that Davis had a GPS tracking device on him at the time as a requirement of a prior condition of probation, and that GPS device didn’t show him at the scene of the crime when it happened. It showed him as being at home.
So how was he convicted? According to the article in the Trentonian, his attorneys admitted to making missteps. One of those mistakes was agreeing that the GPS had inaccurately showed Davis’ location over 100 times in the past, possibly leading to doubt in the jurors minds as to the accuracy of what the GPS said on the date of the murder.
Police said the GPS taped on a 2-hour delay, meaning he could have been at the scene of the crime when it happened.
But Davis now has some powerful allies, arguing his conviction should be overturned. GPS experts as well as the head of Juvenile Services, the agency that issued and monitored the tracking device, say that the device was accurate, and that Davis couldn’t have been at the shooting.
Even an expert reviewing surveillance footage has said Davis is innocent, demonstrating that the shooter in the grainy video was not wearing an ankle tracking device, as Davis would have been at the time. An agent from Juvenile Justice says that the ankle tracking device would have been impossible for Davis to just slip off.
The prosecutors’ office has said it’s now reviewing the case. But most agree that Davis’ conviction was a miscarriage of justice.
Lessons From the Case
It’s possible that the emotion of the crime, which involved a five year old and had media publicity, fueled the desire to just convict, and Davis was a convenient target. Davis’ girlfriend was involved in the altercation that lead to the shooting, again making Davis an easy target.
We tend to think of technology as infallible. DNA evidence, video cameras, and GPS tracking would seem to distinctly tell a jury who committed what crime and when. But this case illustrates that evidence at trial is about more than technology. It’s about lawyering, and trying to control or interpret what a jury sees and understands. It’s also about the emotion a jury often feels.
Technology can be a powerful tool in helping to acquit an accused defendant. But only in the hands of the right lawyer.
Make sure your attorneys understand technology and how to use evidence to give you the best defense possible. The criminal defense attorneys of Brassel Alexander, LLC have extensive experience protecting the rights of criminal defendants. If you or someone you know was charged with a crime in Maryland, contact the attorneys of Brassel Alexander, LLC today.