It’s not over until the fat lady sings and it wasn’t over. An appeal against the verdict was filed but was never considered by the court so Risoldi died still innocent.. That’s why she wasn’t in jail. Was she really innocent meaning did she really cheat the insurance company? Here’s a fact. The insurance company did not try to get their money back. Why not? If they didn’t want their money back how come she was in court? Was it because the system itself is crooked? In her case not one local District Attorney would accuse her. Also in her case not one local judge would try her… Here’s a fact. The Sixth Amendment required the government to provide her with a local trial but the government broke that promise twice in her case. First she was not charged by a local District Attorney.. Fact number two: She was not tried by a judge “of the state and district where the crime was committed”. It’s like being charged with a crime by China and being judged by a judge from Japan. Local trial; local jury; foreign district attorney and foreign judge…
See the problem? Actually four problems. One: No local prosecutor… Two: No local judge: Three: Foreign prosecutor… Four: Foreign judge… It only takes three strikes to be out in baseball. It only takes one unconstitutional fact for a trial to be unconstitutional. In this case there were four unconstiutional facts. No local prosecutor; no local judge; foreign prosecutor; foreign judge. So the only conclusion is not guilty.. In our system innocent until proven guilty and that means a trial and hearing of all the appeals to the verdict.
Unfortuantely, Rislodi passed away before the first appeal was hear so the trial wasn’t quite finished. The appeal might have been successful and a second trial might have been granted because of all the problems with the first trial. Even if the first appeal wasn’t successful, a second appeal might have been. Even if the second appeal failed there were other legal avenues available such as a “Motion to Dismiss” which would have disabled the guilty verdict which would have meant Risoldi’s innocence remained as a matter fact and law. There are lots of problems with the justice system. In millions of cases it works just fine. In other cases, innocent people have undergone wrongful punishment because the system failed. In the case of Claire Risoldi we will never know the truth because the system hadn’t finished dealing with the facts. That’s unfortunate but life has loads of misfortune along with all of it’s perfections. If you need some evidence of wrongful system behavior consider the crucifixion.
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