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Undisclosed

State v. Rocky Myers – Episode 1 – Residual Doubt

Undisclosed

mital

True Crime, News, Society & Culture

4.2 β€’ 10.3K Ratings

πŸ—“οΈ 17 June 2019

⏱️ 37 minutes

🧾️ Download transcript

Summary

June 17, 2019 / The Undisclosed team explores the case of a man on death row in Alabama despite strong evidence pointing in the direction of an alternate suspect.
Episode scoring music by Animal Weapon, Blue Dot Sessions and Spencer Burdette.
This episode was sponsored by Pretty Litter, SimpliSafe, and FabFitFun.
www.PrettyLitter.com promo code UNDISCLOSED
www.FabFitFun.com promo code UNDISCLOSED
#undisclosed #freerockymyers

Transcript

Click on a timestamp to play from that location

0:00.0

S.O. wants to help you use your car a little less by hoping on your bike a little more,

0:04.5

especially for those shorter trips, like the popping out for a pint of milk trip,

0:09.8

or the off-to-pick up the kids' trip, or even the Friday night Chippy trip.

0:16.0

And to make the swap easier, every day S.O. is giving away an e-bike and 10,000

0:20.5

nectar points that you could spend on cycling gear. Could you do a journey differently?

0:24.9

Search S.O. thoughtful driving to find out more. See terms and conditions at sso.co.uk.

0:41.5

You're probably familiar with the concept of guilt beyond a reasonable doubt.

0:45.1

It's the burden-approved the prosecution must satisfy to secure a conviction of a criminal

0:49.3

defendant. But the odds are you're unfamiliar with the idea of residual doubt.

0:54.2

Here's Patrick Mulvaney, the managing attorney for capital litigation at the Southern Center for

0:58.4

Human Rights. What we see is that there's a difference between a jury making a decision beyond

1:07.7

a reasonable doubt and a jury disposing of all doubt. And if that gap in between all doubt and

1:15.4

reasonable doubt that we come up with the concept of residual doubt where a jury can reach a guilty

1:21.5

verdict at the guilt phase but still have some doubt as to the defendant's guilt when it reaches

1:29.1

the penalty phase. Because of that doubt, that doubt becomes a powerful factor that weighs

1:34.9

in favor of life at the penalty phase. In particular, research shows there's good reason for such

1:40.9

residual doubt. In Florida, there have been 29 death row exoneration. Robert Dunham and his

1:46.7

team at the death penalty information center dug into those numbers. In Florida, we were able to

1:53.2

identify the jury votes in 22 of the cases in which there were exoneration. And in 20 of those 22,

2:02.4

there were non-unanimous jury votes for death. Either judicial override or a majority but not

2:10.9

unanimous jury recommending the death penalty. And looking back on it, that makes sense because one of

2:18.3

the most powerful mitigating circumstances in capital cases is residual doubt.

...

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