The Tallahassee O Opinion:
We Think Elijah James is Probably Guilty In The Murder Of His Girlfriend Of Daniele Brown. (For Beyond A Reasonable Doubt — That’s A Tough Call To Make For Not Being In The Jury Room)
The problem is that No Body of Danielle Brown has even been found since her disappearance! This is the first case in Leon County that is prosecuting a case without a body even found. The case does lack much evidence meaning that the prosecution could possibly screw this case completely up with the lack of evidence also lacking the body not being found. This means that Elijah James could get off Scott-free like O.J. Simpson and Casey Anthony because of gross negligence and incompetence of the prosecution like in this case.
Considering that Elijah Brown was arrested in this case and taken to trial lacking the evidence and a body, you would think someone in Leon County would have been taken to trial by now for the disappearance of Ali Gilmore during the last several years. Hopefully, someone will be brought to justice for closure to the Brown family but the prosecution could have really screwed up on this case because it’s not as clear and prosecutable as that of a Gary Hilton.
There is such thing as “Double Jeopardy” meaning that Elijah James can’t be prosecuted for the same crime again under the 5th Amendment after a trial.
The Fifth Amendment to the United States Constitution provides:
- [N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . .”
The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in the same indictment. Jeopardy “attaches” when the jury is empanelled, the first witness is sworn, or a plea is accepted.
When more evidence and a body comes available, it won’t matter with negligent and incompetent prosecution if the jury already found the defendant not guilty in a trial.