By: Dennis Turner. Posted: Jul 11, 2019.
WACO,TX — In a courthouse shocker, a Texas appeals court overturns the sexual assault conviction of former Baylor Athlete Sam Ukwuachu. It is the same conviction another appeals court reinstated about a year ago, after an original appeal’s court ordered a new trial.
At issue in this ruling is cell phone tracking data, and how and whether prosecutors can use it, something that affects all of us.
“It’s interesting how quickly they keep track of all the things we’re doing now,” said Andrei Perdon, a concerned citizen. “But like I said, it’s a necessary evil,” said Perdon.
His phone company tracks his every move to make sure he gets data and calls.
So it’s no wonder prosecutors love to get warrants for cell phone data that tracks defendants and even witnesses.
McLennan County prosecutors used that very data to convict Baylor Football Player Sam Ukwuachu in a 2015 rape trial.
Now, the 10th Texas Court of Appeals has called out prosecutors for referring to cell tower location information, during trial, without actually entering the paperwork into evidence…. all to suggest a witness lied about where he was the night of the crime.
Legal scholars call that troubling.
“Think about it from the jury’s perspective. If you’re sitting there listening to the prosecutors,and the they’re referring to these call logs, and they’re making it seem like these call logs are very important…but you can’t actually see those call logs… It’s natural that might influence your thinking and you might come to the wrong conclusion,” explained Joshua Weaver, an associate with the Williams & Brown law firm.
Continue reading at kxxv.com HERE.
