Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Perdogg; Locomotive Breath
The order to test all of the members of lax team will get any DNA results thrown out.

The other thing about the DNA results is that even if the prosecution did NOT itself introduce the report into evidence, the defense likely would. The results are clearly strong evidence in favor of the defendants Seligmann and Finnerty. And I think, on balance, the DNA results also are favorable to Evans - on the one hand, the inconclusive DNA link to the fingernail in the trash can is not more probative of her version than it is of it getting on there from a q-tip, a tissue, or if he was the one who put the nails in the trash or handed them to the police -- and on the other hand, the fact that the woman claimed she was beaten, strangled, clawing at, raped and sodomized for a 30 minute period and then, within 3 hours, without having showered or changed clothes or been outside of the observation of the other dancer or police, to have absolutely NO DNA from the three defendants of any kind, be it semen, saliva, sweat, hair, skin cells, etc and no substances indicative of condom use on or in her body is, to my mind, devastating to the prosecution case.

Also, the evidence of male DNA by her boyfriend found in the AV is going to be important evidence on the part of the defense to show that the sexual activity with the boyfriend could explain any genital injuries (especially if these are just "swelling" and "pain").

So, without knowing exactly what is in the full DNA report, it probably on balance helps the defense and they will not seek to have the results thrown out.

294 posted on 05/15/2006 10:56:41 AM PDT by SirJohnBarleycorn
[ Post Reply | Private Reply | To 81 | View Replies ]


To: Peach

Thanks for the ping!


298 posted on 05/15/2006 10:57:12 AM PDT by Txsleuth
[ Post Reply | Private Reply | To 294 | View Replies ]

To: SirJohnBarleycorn
So, without knowing exactly what is in the full DNA report, it probably on balance helps the defense and they will not seek to have the results thrown out.

Evans could ask to separate the case from the other two and ask to have the DNA thrown out.

308 posted on 05/15/2006 11:01:41 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
[ Post Reply | Private Reply | To 294 | View Replies ]

To: SirJohnBarleycorn
According to KG of "The Lineup", a second fingernail with DNA was also found linking a player who was NOT identified as a perp.
425 posted on 05/15/2006 11:39:43 AM PDT by Perdogg (Durham - The San Francisco of North Carolina)
[ Post Reply | Private Reply | To 294 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson