Let's skip the underwear issue. I think even the SD LE's would have been hard pressed to have picked up Brenda's Undies and claimed they were Danielle's. I mean, there is a line some people are smart enough not to cross.
To me, if I was on the jury, I would be concentrating on the items of Evidence I mentioned, and saying to myself, "do these prove he kidnapped and killed her?"
You're right about the evidence we should be thinking about. My apologies for the whole underwear episode.