Will new forensics evidence get Julie Amero a new trial?

["Richard M. Smith" <rms () computerbytesman com>]

http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20070606/NEWS01/70
6060338/1002
 
Amero's lawyer asks for new trial
By GREG SMITH 
Norwich Bulletin 




NORWICH -- The defense team for former substitute teacher Julie Amero wants
another chance in the courtroom to prove she was a victim of pornographic
pop-up Internet advertisements. 


After months of wrangling with state prosecutors and on the eve of Amero's
sentencing, defense attorney William Dow III filed a motion Tuesday asking
for a new trial. 


Dow claims forensic evidence gathered after Amero's conviction in January
casts serious doubt on the state's evidence that resulted in a guilty
verdict. 

Jan. 5, Amero, 40, of Windham was convicted by a jury in Norwich on four
counts of risk of injury to a minor, or impairing the morals of a child. 


Judge Hillary Strackbein is expected to rule on the motion today, before
Amero's sentencing in New London Superior Court. 


"Evidence heard by the jury and the state's theory of liability are
materially inconsistent with evidence discovered after the verdicts and now
in the possession of the state and the defense," Dow said in the motion. 


Prosecutors said while teaching Oct. 19, 2004, at Kelly Middle School, Amero
accessed pornographic Web sites, exposing her seventh-grade students to
inappropriate images. Six students testified at trial to glimpsing the
images on the classroom computer screen with Amero at the computer. 


The conviction led to a firestorm of criticism, fueled by what many claimed
was a lack of forensic evidence proving Amero intentionally surfed the
sites. 


"The state and the defense now possess additional forensic evidence
concerning the history of the computer's use both before and after the
alleged incident," Dow wrote in his motion. "Had that information been
available to the state at the time of the trial, the state ... would not
have urged the jury to reach certain inaccurate conclusions regarding ...
the alleged purposeful access to offensive Web sites. In the interests of
justice, the jury's verdict must be set aside."

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