Wednesday November 23, 2011: The Supreme Court(UK) backed judges in the High Court(Scotland)who had previously refused Mitchell the right to appeal again.
Maggie Scott QC said the Crown had relied on evidence of Mitchell’s comments and demeanor during the lawyer-less police interview, resulting in “a fundamental unfairness amounting to a denial of justice”.
Last year, the Supreme Court ruled that evidence taken from a police interview where a suspect was not first offered access to a solicitor was unreliable and could not be used in court.
However, in the instant ruling it respected the “finality” of the rejection of Mitchell’s appeal against conviction in May 2008 and did not believe there were any live matters that would lead the court to re-open his case.
At appeal in 2008, the justices criticized the “overbearing and hostile interrogation” by police of the teenager during the investigation in an attempt to gain a confession. However, the justices noted Mitchell had not been cowed nor submitted to the pressure.
The Supreme Court said that verdict marked the end of the case.
UPDATE:
The Scottish Criminal Review Commission rendered its uniquely absurd conclusion quite some time ago which left Luke Mitchell virtually without any further hope of release. However the commission has now ordered that murder victim Jodi Jones clothing be re-examined forensically since the scientific state of the art has changed in the interim and usable profiles might yet be obtained.
Four men were believed to have left their DNA on, in or inconveniently close to the corpse, but none of the four were ever arrested or considered suspects. One of the men when questioned, though not as a suspect, was provided by the police with a reason his dna might have been on the victim's tee shirt. The victim's sister later married one of the men whose dna was found at the crime scene.
A few days after the announcement of further dna testing, Corrine Mitchell's Caravan Park was fire bombed by "persons unknown".
Showing posts with label Scotland. Show all posts
Showing posts with label Scotland. Show all posts
Monday, December 29, 2014
Sunday, April 24, 2011
Luke Mitchell
Yeah folks, more bad news from the courts for Luke Mitchell. His appeal to have the Cadder decision regarding a suspects right to counsel during police questioning was denied.
You all remember Luke Mitchell don't you. Arrested for the murder of his 14 year old girlfriend despite his dna not being at the crime scene and there being no forensic evidence linking him to the scene at all. He was observed shortly after the murder sitting on a fence in a calm manner and bearing no scratches, blood or disarranged clothing.
Yet, three males whose DNA is either on, in or inconveniently close to the corpse were never arrested or even questioned as suspects despite their attempts to alter their appearance, the scratches they bore following the murder and the ever-changing stories they related.
Luke Mitchell was promptly booted out of school, termed a Satanist for some scribbling on his schoolbook that was a quotation from the best selling video game at the time, depicted as a devotee of the Black Dahlia murder despite the fact that he had never heard of it.
Life with minimum confinement of twenty years. And as they say in UK prisons, the guards are constantly seeing to it that he is "shaking it rough" which means doing what in the USA would be referred to as very hard time.
While the UK tabloids carry the usual mouthings about the over one hundred thousand pounds the appeals have cost there does not seem to be any comparison of that amount to a forensic tarp which might have covered the body on rainy night and thus preserved forensic evidence.
You all remember Luke Mitchell don't you. Arrested for the murder of his 14 year old girlfriend despite his dna not being at the crime scene and there being no forensic evidence linking him to the scene at all. He was observed shortly after the murder sitting on a fence in a calm manner and bearing no scratches, blood or disarranged clothing.
Yet, three males whose DNA is either on, in or inconveniently close to the corpse were never arrested or even questioned as suspects despite their attempts to alter their appearance, the scratches they bore following the murder and the ever-changing stories they related.
Luke Mitchell was promptly booted out of school, termed a Satanist for some scribbling on his schoolbook that was a quotation from the best selling video game at the time, depicted as a devotee of the Black Dahlia murder despite the fact that he had never heard of it.
Life with minimum confinement of twenty years. And as they say in UK prisons, the guards are constantly seeing to it that he is "shaking it rough" which means doing what in the USA would be referred to as very hard time.
While the UK tabloids carry the usual mouthings about the over one hundred thousand pounds the appeals have cost there does not seem to be any comparison of that amount to a forensic tarp which might have covered the body on rainy night and thus preserved forensic evidence.
Friday, September 3, 2010
Luke Mitchell case to be reviewed by SCCRC.
The Scottish Criminal Convictions Review Commission has notified Luke Mitchell, now a prisoner serving a Life Sentence for the murder of 14 year old Jodi Jones that his case will be reviewed. The communication from the SCCRC did not indicate any dates but this usually takes at least six months and in a case that has achieved such notoriety it is likely to take longer.
For those unfamiliar with this case:
Jodi Jones put up a great struggle yet her boyfriend, Luke Mitchell, had no scratches and was shown to be calm and normal when interacting with his friends about twenty minutes after the alleged time of the murder. Three men whose dna was found on, in or near the corpse were never arrested or considered suspects; Luke Mitchell whose dna was not found at the scene was convicted of murder. Two of the three men concealed themselves and altered their appearance soon after the murder. The sister of the deceased victim later married the man whose semen was on Jodi's shirt and bra. A third man stated that he had deposited his semen in a condom found near the corpse while he was alone in the woods with no one nearby. He stated that he did not see the naked corpse at his feet and he claimed that this event took place at a time when local reports indicate it was raining heavily. Despite his semen being found near the corpse of a 14 year old girl, he was not arrested or charged with her murder as the Lothian and Borders Constabulary apparently believed his statement about his using a condom despite there being no one else present at the time.
For those unfamiliar with this case:
Jodi Jones put up a great struggle yet her boyfriend, Luke Mitchell, had no scratches and was shown to be calm and normal when interacting with his friends about twenty minutes after the alleged time of the murder. Three men whose dna was found on, in or near the corpse were never arrested or considered suspects; Luke Mitchell whose dna was not found at the scene was convicted of murder. Two of the three men concealed themselves and altered their appearance soon after the murder. The sister of the deceased victim later married the man whose semen was on Jodi's shirt and bra. A third man stated that he had deposited his semen in a condom found near the corpse while he was alone in the woods with no one nearby. He stated that he did not see the naked corpse at his feet and he claimed that this event took place at a time when local reports indicate it was raining heavily. Despite his semen being found near the corpse of a 14 year old girl, he was not arrested or charged with her murder as the Lothian and Borders Constabulary apparently believed his statement about his using a condom despite there being no one else present at the time.
Saturday, April 24, 2010
Luke Mitchell hearing
April 28, 2010 at 10:30am in High Court in Edinburgh.
The motion relates to a removal of the twenty year minimum prison term of his life sentence based upon the Tender Years doctrine. Even if the court does remove the mandatory twenty years confinement provision of his life sentence it is unlikely the parole board would release him even at that 20 year mark.
Formal decision expected within three months.
NOTE: At an earlier proceeding Luke Mitchell was unrepresented by counsel and therefore the court did not formally dismiss his Nobile Officium petition but indicated they would allow him time to seek representation but that if any counsel were obtained counsel should be informed that the petition would be held to be legally insufficient and without merit. At this proceeding, Luke Mitchell was represented by counsel and so the petition was formally dismissed and the question of the 20 year minimum confinement was taken under submission.
The motion relates to a removal of the twenty year minimum prison term of his life sentence based upon the Tender Years doctrine. Even if the court does remove the mandatory twenty years confinement provision of his life sentence it is unlikely the parole board would release him even at that 20 year mark.
Formal decision expected within three months.
NOTE: At an earlier proceeding Luke Mitchell was unrepresented by counsel and therefore the court did not formally dismiss his Nobile Officium petition but indicated they would allow him time to seek representation but that if any counsel were obtained counsel should be informed that the petition would be held to be legally insufficient and without merit. At this proceeding, Luke Mitchell was represented by counsel and so the petition was formally dismissed and the question of the 20 year minimum confinement was taken under submission.
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