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To: cyncooper
If DW had something that matched the fibers....don't you think that the DA could have confirmed this thru his son who lived at the house 50% of the time OR....maybe the X-Girlfriend who lived in the house up until when???

I know why they can't confirm it....because they never saw anything matching those fibers!!!

Or maybe DW stopped at Walmart on the way home from dads and bought some cheap blankets because he knew he was going home and sneak across the street and into a house he had never been in before and find Daniell's room bring her outside back across the street kill her and he KNEW he would need something to wrap her in.....sarcasam/off

96 posted on 07/30/2002 8:29:40 PM PDT by is_is
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To: is_is
If DW had something that matched the fibers....don't you think that the DA could have confirmed this thru his son who lived at the house 50% of the time OR....maybe the X-Girlfriend who lived in the house up until when???

There is no way you can allow testimony based on speculation like that to establish the *source* for a fiber.

Even if the witness told the prosecution of such a blanket, defense would be able to suppress it from the jury because it would be pure speculation.

For your scenario the item would be alleged to have been in DW's house or possession at one point and now is no longer there. What kind of evidence is that? For all we know, they did tell police and/or prosecution of such item(s). No way would a judge allow them to testify to a jury about it, though.

102 posted on 07/30/2002 9:21:48 PM PDT by cyncooper
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To: is_is; Spunky
If DW had something that matched the fibers....

I've been thinking about my first reply which said "no way" could Dusek bring in this type of testimony. I'd like to modify that he maybe could, but I don't see how he could ever represent to a jury the missing item was for sure the source.

It's a good question, but clearly something left those fibers (both orange and blue) on and near Danielle, and in DW's environment.

112 posted on 07/30/2002 10:49:00 PM PDT by cyncooper
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