Welcome back one and all. In this installment of In Summation – The Final Word, Paul breaks down one of the elements of the 6th Amendment confrontation clause. Generally speaking, a criminal defendant has the right to confront an accuser, or someone producing evidence or testimony against them. This is the basis for the rule against using hearsay at trials.
In our case today, Mark Jensen was accused of murdering his wife, Julie. Julie had become increasingly suspicious of Mark in the time period leading up to her death and had given her neighbors a letter, which she instructed them to give to the police if anything happened to her. When she was found dead, the neighbors gave the police the letter which strongly indicated that law enforcement should investigate Mark should anything happen to her.
Listen to the breakdown of how these issues played out, as several Supreme Court decisions altered the legal landscape while this case was pending.
Additionally, Paul goes into the logistical issues for a prosecutor who has to retry a case 15 years after the initial trial.