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| Without body, 'you need strong circumstantial evidence' - |
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gwen
 Posted:
Sat Dec 01, 2007 10:41 am |
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Without body, 'you need strong circumstantial evidence'
CONVICTION IN 2005 CASE | Prosecutor says motive is important
November 30, 2007
BY KARA SPAK Staff Reporter/kspak@suntimes.com
A corpse is usually a pretty good piece of evidence at a murder trial, but it's not the only evidence.
So in the rare instances when prosecutors try murder cases without a body, they head to court with mountains of other information in hopes of a conviction.
"You're starting 20 yards back without a body," said Kevin Byrne, a Cook County assistant state's attorney who unsuccessfully prosecuted a bodiless murder case in 2005. "You need strong circumstantial evidence."
On Wednesday, the Sun-Times reported that a source close to the investigation into the disappearance of Bolingbrook mom Stacy Peterson said "all we need now is the body." But if prosecutors could prove that Stacy Peterson is dead and died at another's hands, they might not even need that.
In 1977, Stephanie Lyng, a loving mother and daughter of former Sun-Times columnist Dorsey Connors, vanished. Seventeen years later, a Cook County jury convicted Stephanie Lyng's husband, Edward Lyng, of murdering her.
The key to breaking the case was testimony from Lyng's ex-girlfriend who described conversations he had with her detailing how he killed his wife and moved her body at least twice.
"Of course it's a challenge," said James McKay, a Cook County prosecutor who worked on the Lyng case. "But the burden of proof is the same."
While you don't need a motive to prove a murder, McKay said it's particularly helpful when there isn't a body.
"In this case, clearly there was motive evidence," McKay said. "Mrs. Lyng was going to divorce her husband, and he didn't want any part of it because he was fooling around."
Cook County prosecutors weren't as successful in prosecuting Robert Dianovsky in 2005 for the murder of his wife, Peggy. Peggy Dianovsky disappeared from her Schaumburg home in 1982 during a contentious divorce, leaving behind three young sons. Her family claimed she would never have walked out on her family.
Cook County Judge Dennis Porter acquitted Robert Dianovsky of murder charges, saying he believed that Peggy Dianovsky was killed, but didn't feel there was enough evidence that her husband killed her.
http://www.suntimes.com/news/metro/674468,CST-NWS-legal30.article
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AKA Gagal_05
Joined: 24 Feb 2007
Posts: 14467
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| Obscuregawdess
Posted:
Mon Jan 07, 2008 11:27 pm |
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I do not believe the circumstantial evidence in the Scott Peterson case was really strong enough to convict him, even though it had me convinced... and I feel he is guilty of killing Lacy. As far as the evidence, it looked fishy from the view of Scott as the aggressor or someone else trying to frame him after seeing the media wanting him to be the "villain". My point is, even if the circumstantial evidence isn't amazing, there is still a good chance. With cases this publicized, it's next to impossible to find anyone who has not formed an opinion or watched coverage. I never though Scott should get the death penalty, since the evidence wasn't that solid. Do I believe he deserves it? Well, yes... No one should ever kill their child and get away with it. I believe he will get a new trial. However, California and Illinois are a little different as far as attitude on stories such as this... from my experiences, in general. My opinion is, if they can get a PRETTY strong circumstantial case, they could get a conviction that would not be appealed. My other opinion is, he should be tried with Kathleen (sp?) first, should they formally decide she was murdered. A history of domestic abuse is evidence, even though he was never charged. There are many, many, many witnesses that will testify against him! Oh well... I just hope they will be fair but stern.
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"Bratty Mama Leci"
Joined: 02 Aug 2006
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Location: Kentucky
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