Windermere Man Requests New Trial After Discovery of New Evidence


In January, a Windermere man was found guilty of capital sexual battery and other crimes against children. During the trial, the man denied the allegations and maintained his innocence while on the witness stand. His attorney argued that the state’s evidence was insufficient and that the victims’ testimony was not consistent.

The Windermere Police Department investigated the man back in 2009 when allegations of sex crimes were made against him, but the investigation was allegedly stalled by the then police chief, a friend of the accused. However, an inquiry by the Florida Department of Law Enforcement led to charges being filed against the man and resulted in the police chief losing his job and being arrested.

Recently, a set of diaries were discovered, which may include a diary written by one of the man’s alleged victims, who is now an adult. The diary, which includes letters to the defendant, could serve to discredit the victim’s testimony. The jury also heard testimony from another alleged victim during the trial. Since his conviction, the man has resided in Orange County Jail, and he is potentially facing a sentence of up to life in prison.

Because this new piece of evidence could help to overturn the Florida man’s conviction, it’s possible a new trial will be granted. Regardless of whether a person is innocent or guilty, he or she deserves representation to help protect their rights, especially if he or she faces allegations of sexual assault. A skilled criminal law attorney could help him or her build a strong defense and may be able to get charges reduced or even dismissed if the evidence is insufficient.

Source: Orlando Sentinel, “Convicted child rapist Bush wants new trial, cites victim’s childhood diaries,” Jeff Weiner, Feb. 25, 2013

 

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