Edelman & Edelman, P.C.
212-235-1197
Over $300,000,000 Recovered For Our Clients

Former model's murder-for-hire conviction overturned

A former model who was convicted last year of trying to hire a hit man has been overturned. The woman was sentenced to seven years in prison for allegedly trying to have her husband's ex-wife murdered in what seems to have been a custody dispute. The hit man she tried to hire was actually an informant, and she paid him $175.

An appellate court in Ohio has just overturned her conviction because it was based on a flawed indictment. Under the law of that state, in order for someone to be properly charged with conspiracy to commit aggravated murder, the indictment has to include a specific, "overt act" taken as a step toward that murder. In her case, the prosecutors failed to include that element of the crime.

The appellate judge also suggested that the woman was the victim of ineffective counsel because he didn't notice the error. Since in any criminal case, prosecutors have to prove every element of the crime beyond a reasonable doubt, it should have been apparent from the beginning that one element was missing altogether.

Your constitutional rights are not a technicality

"She's not innocent. She's getting off on a technicality," said the intended victim of the alleged murder-for-hire plot.

It may be true that the former model is not innocent. She may have committed a crime -- even the crime she is accused of. We simply cannot know, because the jury was allowed to make an assumption about a fundamental part of the case.

A prosecutor's failure to follow the law when charging someone is not a mere technicality. It is a violation of the defendant's basic right to understand and confront the charges being brought against them. This is not as if someone forgot to check the right box or to use a comma correctly. This is due process of law, and it is what makes our system work.

After all, our justice system isn't supposed to be about getting a conviction in every case. It's supposed to be about getting a just result.

No Comments

Leave a comment
Comment Information

Call 212-235-1197 or contact us below to find out how we can help.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Schedule Your Free Consultation With A Lawyer

For construction accidents, personal injury and wrongful conviction claims, you will not find a more qualified legal team than Edelman & Edelman, P.C. We invite you to contact us to schedule a no-obligation initial consultation where you can learn more about how we can help you.

Please call 212-235-1197 or contact us via email to arrange an appointment.

Edelman & Edelman, P.C.
61 Broadway | Suite 2220 | New York, NY 10006

Phone: 212-235-1197 Fax: 212-943-0001