Man's conviction of murder is reversed

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An Augusta man's murder conviction was reversed by the Georgia Supreme Court on Monday because the trial judge let the jury hear improper evidence.

Monday's decision was the second time Lorenzo Dexter Lindsey saw a murder conviction reversed.

This time the court found Mr. Lindsey's trial for the Aug. 11, 2002, fatal shooting of Marcus Taylor was so flawed that Mr. Lindsey deserves a new trial.

The state Supreme Court justices ruled unanimously that the trial judge erred when he allowed the prosecutor to bring out Mr. Lindsey's history of arrests for misdemeanor crimes.

There was plenty of evidence for the jury to have reached the guilty verdict, the court noted. But the introduction of Mr. Lindsey's extensive number of arrests unfairly tainted him in the jurors' minds.

Mr. Lindsey's trial attorney, Jack E. Boone Jr., objected to the information and requested a mistrial. Judge J. Carlisle Overstreet denied both motions.

The Supreme Court rejected one of Mr. Lindsey's claims about trial error.

The prosecution was right to introduce evidence about the slaying of an 83-year-old grandmother who was shot to death while sleeping in her bed July 11, 1997.

The prosecution contended Mr. Lindsey wanted Mr. Taylor killed because he testified against Mr. Lindsey for the drive-by shooting death of the grandmother, Rosa Lee Barnes.

Mr. Lindsey and two others were tried and convicted of murder for Ms. Barnes' death.

But Mr. Lindsey's conviction in that case was reversed in October 1999 because the judge allowed the jury to hear improper evidence.

Mr. Lindsey was acquitted in his March 2000 retrial.

Mr. Taylor was killed almost two years later. The 38-year-old man was gunned down in a convenience store parking lot in front of several witnesses.

District Attorney Danny Craig said he would retry Mr. Lindsey for Mr. Taylor's slaying.

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Reality
3
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Reality 09/25/07 - 02:43 am
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0
This piece of trash should

This piece of trash should already have been put out of his misery. Who ever screwed up these trials and let a known killer out of jail should be looking for a new job...How can telling the jury of past arrests have anything to do with guilt or innocence of the murder?

ONLY THE TRUTH
2
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ONLY THE TRUTH 09/25/07 - 02:48 am
0
0
Is there any remedial courses

Is there any remedial courses available for these inept judges???

patriciathomas
42
Points
patriciathomas 09/25/07 - 04:32 am
0
0
What a great system we have.

What a great system we have. The tax payer covers the cost of the trial, the prosecutor, and the defense lawyer ... and the appellate court plus necessary lawyers and the supreme court plus necessary lawyers. All over unnecessary evidence. TORT REFORM may be called for.... or we could just ignore the situation and let it continue as is.

bone
23
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bone 09/25/07 - 05:19 am
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i bet if the prosecution had

i bet if the prosecution had introduced information regarding mr. lindsey's stellar academic record, history of public service, and contributions to charitable organizations, there wouldn't have been any problem with jury tainting. i'm sure that his prior record had nothing to do with establishing a pattern of criminal behavior that led inexorably to his (alleged) violent act(s).

1957
0
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1957 09/25/07 - 06:06 am
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Beam me up Scottie, there

Beam me up Scottie, there really ain't no intelligent life here!

rdunaway
0
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rdunaway 09/25/07 - 06:25 am
0
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Here it is again-judges.I

Here it is again-judges.I know that they are human, but that"s their job to make sure the courtroom proceeding are done right and by the law.

blackjack30
1
Points
blackjack30 09/25/07 - 07:32 am
0
0
The ga supreme court is

The ga supreme court is stupid. Why overturn his conviction because of evidence of past misdemeanors being presented, when the supreme court acknowledges there was enough evidence to convict him anyway. That trash has wasted enough taxpayer dollars.

Edward B. Turner
69
Points
Edward B. Turner 09/25/07 - 07:33 am
0
0
Who judges the judges? Sad

Who judges the judges? Sad and pathetic...

jackfruitpaper833
41
Points
jackfruitpaper833 09/25/07 - 07:37 am
0
0
*backwards*

*backwards*

SFCnotretyet
3
Points
SFCnotretyet 09/25/07 - 07:40 am
0
0
I persons character should

I persons character should always be considered, in my opinion. It may be unfair, but it should be considered, and by no means should it negate the fact that the man is a murderer and they proved that!

"There was plenty of evidence for the jury to have reached the guilty verdict, the court noted. But the introduction of Mr. Lindsey's extensive number of arrests unfairly tainted him in the jurors' minds."

So he was guilty, but being set free because someone pointed out the fact that he is a criminal anyway?

legal_works
1
Points
legal_works 09/25/07 - 07:43 am
0
0
here we go again, taxpayer's

here we go again, taxpayer's money.....

patriciathomas
42
Points
patriciathomas 09/25/07 - 07:47 am
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jackfruitpatper833, "upwards"

jackfruitpatper833, "upwards"

bestprice
0
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bestprice 09/25/07 - 08:23 am
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honest what are you mad about

honest what are you mad about the overturn?if so then get over it cause my guy is coming home again soon!!!!!!!!!!!!!!!!!!so deal with it honest.

ShaniS
0
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ShaniS 09/25/07 - 08:32 am
0
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Yes, bestprice. That's

Yes, bestprice. That's righttttttttt, they better get over it, cause he will be home soon. Fa Sho

patriciathomas
42
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patriciathomas 09/25/07 - 08:40 am
0
0
ShaniS and bestprice, you two

ShaniS and bestprice, you two don't seem to understand. The murderer wasn't found innocent, his conviction was overturned on a technicality and he'll have to be tried again. He'll not be released. sorry to pop your bubble. you seem to have strange tastes in men. Each to their own, I guess. I hope you can enjoy your man through bars.

Doe
0
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Doe 09/25/07 - 08:48 am
0
0
Apparently, our government's

Apparently, our government's only concern and solution to wasted tax dollars is talked about in this article....
"City leaders discuss putting smokers out"
I really need this explained to me with some intelligence why a 5% increase in insurance is more than our government can pay for it's smoking employees. Yet, we can pay the Surpreme Court to sit and decide whether or not a "useless human being," who killed a 83 year old woman while she slept, got a fair trial. And then we have our Surpreme Court, overturn a trial judge's dicision, which will only cause another costly trial.

So, it's OK for our tax dollars to pay for a trial, appeal, new trail and then this "useless human being's" stay in prison....but our tax dollars are being WASTED having to pay an additional 5% increase for insurance that productive employees, who smoke are costing.

Rose
17
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Rose 09/25/07 - 09:03 am
0
0
He needs Judge Brown at the

He needs Judge Brown at the next Trial.

Reality
3
Points
Reality 09/25/07 - 09:04 am
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If you are happy this piece

If you are happy this piece of crap is getting out of jail, you are a bigger loser than he is...Hopefully, if he does get out, he will take on someone that can and will defend them self with deadly force....

Rose
17
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Rose 09/25/07 - 09:04 am
0
0
Judge Brown is the judge who

Judge Brown is the judge who gave the Lucey Laney football player life in prison for all those robberies.

intheknow
16
Points
intheknow 09/25/07 - 09:12 am
0
0
BESTPRICE and SHANIS, I would

BESTPRICE and SHANIS, I would not hold my breath for this piece of , lets say human waste. The only true justice for this piece of sh--, I mean human waste, is for someone to put a " CAP ", I tried to use a term you two idiots would understand, in his azz.

justus4
101
Points
justus4 09/25/07 - 09:39 am
0
0
Judges, what a joke! Brown's
Unpublished

Judges, what a joke! Brown's life sentence for the young man from Laney will be overturned, because of the extreme nature of the ruling. These judges gotta be brought down a peg or two. They can not let personal hatred for citizens affect their decision making.

Reality
3
Points
Reality 09/25/07 - 09:42 am
0
0
Personal hatred for citizens,

Personal hatred for citizens, that is a new one on me....

t of i
25
Points
t of i 09/25/07 - 09:50 am
0
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Why would Judge Brown hate

Why would Judge Brown hate Overstreet, justus4?

intheknow
16
Points
intheknow 09/25/07 - 10:01 am
0
0
How is a life sentence for

How is a life sentence for over 30 felonies unfair? This person offered a plea bargin, before and during his trial. If he was too STUPID to agree, then IMO he deserves a life time in prison.

MyOpinion1
3
Points
MyOpinion1 09/25/07 - 11:08 am
0
0
What a shame. A known

What a shame. A known murderer, conviction overturned. That tells me that our justice system is totally screwed up. Two people lost their lives because of this man and now they think he deserves a new trial. That doesn't make any since to me. He got off for killing Mrs. Barnes, a defenseless old lady sleeping in her own bed, in her own house. The family of this woman deserves some justice. Mr. Taylor deserves some justice. This is a very sad situation. In the end this man will pay for his crime. He is going to have to deal with GOD.

Like it or not
0
Points
Like it or not 09/25/07 - 11:55 am
0
0
thats okay he'll get out and

thats okay he'll get out and continue to waste our air. he needs to be put out of our misery.

mrsware
3
Points
mrsware 09/25/07 - 12:09 pm
0
0
This piece of crap deseves

This piece of crap deseves the chair..He almost took the life of me and my 3 kids in one of his senseless drivebys. About 2 weeks later he did the same to mrs barnes house and that poor lady is dead..Now if the cops would have did their job when he shot my house. mrs barnes life would have been spared because I gave a damn good description of him.. thats not the only thing this guy has been involved in. In 1997 he was a menece what are they gonna do let him go so that he can kill again This fool deserves DEATH

TrulyBlessed
0
Points
TrulyBlessed 09/25/07 - 12:37 pm
0
0
Patricia Thomas - sometimes

Patricia Thomas - sometimes you are amazingly ignorant. This has nothing to do with "tort" reform. A tort is a civil claim for injury made by one private citizen against another - it has absolutely nothing to do with the criminal justice system. Also, "tort reform" has already been passed in Georgia. Certainly, in this case the judge is responsible for allowing the evidence in, but the DA is also responsible for presenting evidence which was clearly outside what is permitted by the law - especially when there was plenty of admissible, relevant evidence to convict this guy. If our judges and prosecutors would forsake their "get a conviction at any cost" mentality and play by the rules, then we could avoid the expense of another trial.

Band_AId
0
Points
Band_AId 09/25/07 - 12:55 pm
0
0
That is a bunch of BS. Since

That is a bunch of BS. Since when do they not look at your prior history. Prior history follows you forever. They will try to find any loop hole and use it now days.

jaschild
5
Points
jaschild 09/25/07 - 01:56 pm
0
0
justus4 - personal hatred??

justus4 - personal hatred?? you know the judge intimately?

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