State Supreme Court Rules On Alleged Evidence Withholding
By DAVE COLLINS
HARTFORD, Conn. (AP) – Labor and human rights lawyers say a new Connecticut Supreme Court decision makes it harder for people to get new trials when they discover that key evidence was withheld from them.
The high court ruled 5-2 Wednesday that people seeking new trials must prove that evidence withheld by the opposing side would have changed the trial’s outcome.
Two justices who dissented said it’s unfair to place the burden of proof on victims of evidence disclosure misconduct.
The ruling came in the case of a lesbian state prison guard who lost a discrimination lawsuit against the Department of Correction and tried to get a new trial on allegations the agency withheld documents from her.
(Copyright 2012 by The Associated Press. All Rights Reserved.)