The State’s expert could not opine that Fuller was the person in the Masa surveillance video wearing dark clothes and a hat that appeared similar to the Keg cap at the crime scene. The State found none of Fuller’s DNA on Ahmed’s body and the evidence showed that none of Ahmed’s DNA was on Fuller’s boots or clothes. And the State could not show that Ahmed was robbed. The State’s circumstantial evidence was strong but the State’s evidence was not so overwhelming that any rational trier of fact would necessarily have found Fuller guilty. Accordingly, we are compelled to reverse Fuller’s conviction and remand for a new trial based on the State’s use of Fuller’s post arrest partial silence during his custodial interrogation when Fuller did not testify and his statements showed no knowledge of the crime or circumstances of Ahmed’s murder.
Posted on: Tue, 20 Aug 2013 18:23:54 +0000
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