The answer is likely no, according to legal experts PEOPLE spoke to about the sudden turn of events.
The decision to overturn the conviction “has nothing to do with guilt or innocence,” says Northeastern University Professor of Law and Criminal Justice Daniel Medwed.
Andrea Constand.
PEOPLE asked the experts if Constand’s criminal case is closed forever.
“Yes,” says Medwed. “This case is over. He can’t be tried again for this crime in a Montgomery County State Court because that’s the double jeopardy clause. So this criminal case is over in the Constand case.”
“No,” says DerOhannesian. “This is the end of the road under the Pennsylvania state system. That’s why this was such a dramatic decision because it is so final.”
Could this decision be appealed to the U.S. Supreme Court?
“In theory, the prosecutors could seek what’s called a Writ of Certiorari from the U.S. Supreme Court,” says Medwed. “But I think it’s very unlikely that they would do that, or that the Supreme Court would be interested in the case because it’s only binding in Pennsylvania. I think it’s important to recognize that it’s a relatively narrow decision as a legal principle. In terms of the ripple effect on other cases that occurred in other jurisdictions with other survivors, this case has no impact on them.”
Says Medwed, “With other potential victims, it depends on the jurisdiction and what the statute of limitations happens to be in those jurisdictions.”
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“I’m not shocked,” says DerOhannesian. “As someone who’s in the field, we accept the fact that there are many levels of review of criminal cases. And that’s our system, it’s designed to offer a certain amount of protection. We want to have a system that has layers of review to help protect people’s rights. And certainly the idea that a prosecutor makes a promise to someone to not prosecute them, that that should be enforced.”
“There would have to be a victim who would come forward,” says Medwed. “Or a victim who’s already come forward, but the statute of limitations hasn’t passed. And a prosecutor who feels as though he or she has enough evidence to take it to trial.”
Medwed adds, “I think the chances are remote that he’ll face another criminal trial, frankly.”
Constandsaid in a statement Wednesdaythat the court’s decision is “not only disappointing but of concern in that it may discourage those who seek justice for sexual assault in the criminal justice system from reporting or participating in the prosecution of the assailant or may force a victim to choose between filing either a criminal or civil action.”
Model and television personalityJanice Dickinson, who testified at Constand’s trial and alleged that he had drugged and raped her in his hotel room in 1982, said she “felt like I was kicked in the stomach.”
If you or someone you know has been a victim of sexual abuse, text “STRENGTH” to the Crisis Text Line at 741-741 to be connected to a certified crisis counselor.
source: people.com
