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Another verdict possibility? “Not proven”

June 30, 2019 By admin 4 Comments

I just received this email, presumably from a resident of Scotland, who had just read Reasonable Doubt:

I have just finished this book tonight. You probably know that in Scots Law we have a third verdict of Not Proven. It is delivered by a jury when they assess that the prosecution have failed to prove guilt based on the evidence presented and counts as a Not Guilty verdict.  You might like to read more about this verdict as there are frequent attempts to have it removed.

As a lay person I feel it has led to fewer miscarriages of justice than in other countries.

I thought on reading this case that a Scots jury would have brought in a Not Proven verdict at the original trial, probably directed so by the judge.

I was fascinated to learn this, to find it’s been part of Scottish law for centuries, that Scotland was allowed to keep its own system of laws when it joined with England in 1707 to form the United Kingdom.

A “not proven” verdict means acquittal, but it also suggests the jury is not convinced that the defendant is innocent–just that he wasn’t proved guilty beyond a reasonable doubt.

Filed Under: Reasonable Doubt, Steve Vogel's Clippings

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Comments

  1. Wanda C Greene says

    August 2, 2019 at 3:43 pm

    I was a member, in a different city, of the same Plymouth Brethern in the book. I knew everyone in the Palmer and Hendricks family. I always firmly believed in Hendricks’ innocence. But after reading the testimony in this book- how can ANYONE believe in his innocence? ! I realize I didn’t really know him. He was very quiet. All of his siblings were not. Always in-front and look-at-me bossy. Suzie and her family were all very nice and fun to be with, very engaging and humble. I think that the ONLY reason for David Hendricks freedom is this staunch, stubborn support of his innocence by his family and his “church”. They talked of “restoration” after being “set aside” but it’s not true in most cases. David Hendricks’ father was rich and thereby had power that he like to wield. The wealthy families were the ones who owned and ran “church” people’s minds. David Hendricks knew all this and used it to cover himself. Stop saying this “he’s the wrong man”. Suzie and her kids don’t deserve that.
    What Hendricks did with models has in others been tried and convicted as sexual assault! Those girls don’t deserve the “he’s the wrong man” crap either. If he would admit to the police and court that he did that (to the models) and also tell the police the “that doesn’t bother me” speil to say his own neck – (though true)–
    DON’T- don’t defend this criminally insane “man”! The court and Judge Baner betrayed us with their “retrial” suppressing compelling evidence. They have betrayed justice, the police work, the money spent! Come to your senses and stop doubting the truth of the evidence!
    It is a horrible thing and happens often, tragically, that innocent people have been convicted. Just another one of David Hendricks’ covers! And there really is no reason to believe in his innocence except the “supporters” “he didn’t do it” line.

    Reply
    • admin says

      August 2, 2019 at 4:14 pm

      Thank you, Wanda, for your comment. I concede that most important to me among the various reasons I tend to believe Hendricks is innocent is the fact that all of his closest relatives–his parents and siblings and Susan’s parents and siblings (both large families)–stood behind him. To you, that is “the ONLY reason” Hendricks is a free man today. The practical reason he’s free today, of course, is that a jury of his peers found him not guilty in a second trial. In my personal view, I also consider the fact there was no physical evidence against him, my personal interactions with him, that I see no reason he would kill his family, and the fact that he has exhibited no violent or psychotic tendencies (certainly not while he was in prison) nor, so far as we know, before or after he was incarcerated.

      Reply
  2. Wanda C Greene says

    August 5, 2019 at 10:49 pm

    I do not believe there would ever have been another jury if not for his family. If your whole plan depends on “exhibiting no violence” how hard is that to play? Hendricks and his “chorus” have influenced your thinking as well. Ignore that and there is nothing else in this world to recommend his innocence.
    Also, in a comment of yours elsewhere, someone asks about his family and if they still believe in him. You say both his parents and Susie’s parents are alive. But a simple google search reveals that all four of them are dead. And, Investigation Discovery’s documentary is nowhere to be found on the world wide web. I’m sure he had it pulled- for obvious reasons!

    Reply
  3. admin says

    August 30, 2019 at 12:57 am

    Sorry, Wanda, I can’t find any reference on this website to Hendricks’ parents being alive. I know they are not. His dead wife’s parents are still with us, living in a Central Illinois retirement community.

    Reply

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Steve Vogel is an award-winning print and broadcast journalist, columnist, and talk show host who covered every minute of the original murder trial described in the New York Times best-seller Reasonable Doubt.

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