Posted on 03/10/2003 10:06:30 AM PST by MeekOneGOP
DNA can't be used in trial, judge says
03/10/2003
BEAUMONT, Texas - A judge has barred the use of DNA evidence against a capital murder defendant, citing extreme negligence by the prosecution in sharing the evidence with the defense.
Joe Edward LaRue, 39, faces the capital murder charge in connection with the Oct. 15, 1989, death of a co-worker. Donna Pentecost, 33, of Port Neches, was found dead in her yard. She had been sexually assaulted and her head crushed with a concrete block.
State District Judge Layne Walker initially planned to postpone the scheduled March 17 trial to give the defense ample time to prepare its case. He was also planning to dismiss the jury, which was selected last week after a three-week process.
When District Attorney Tom Maness objected to the delay Friday, Judge Walker said, "If that is your position, we will go forward with the trial on March 17, and I'm excluding all DNA evidence," the Beaumont Enterprise reported.
Judge Walker said the district attorney's office was "extremely negligent" in not turning over DNA evidence to defense attorney Doug Barlow before January, a year after the court ordered the prosecution to produce it.
Mr. Maness said he would appeal Judge Walker's ruling. Mr. Maness said Mr. Barlow did not set up a time and place to collect the evidence, as is customary in Jefferson County.
Prosecutors have said the DNA evidence is an important part of the case against Mr. LaRue. The original case against Mr. LaRue was dismissed in 1994 because prosecutors did not believe they could get a conviction based upon the evidence they had. Advances in DNA technology were credited in November 2001 with Mr. LaRue's re-indictment.
Any appeal of Judge Walker's decision must be made before the March 17 trial date.
http://www.southeasttexaslive.com/site/news.cfm?newsid=7305701&BRD=2287&PAG=461&dept_id=481650&rfi=6
Judge tosses out DNA evidence in murder case |
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BEAUMONT A state judge Friday threw out key evidence from a 13-year-old capital murder case, saying the prosecution did not turn over the evidence to the defense in a timely manner.
Scientific evidence, such as DNA test results, will be excluded from Joe Edward LaRues trial unless the state can get the evidence back in on appeal. LaRue, 39, formerly of Port Neches, faces the capital murder charge in connection with the death of his co-worker Donna Pentecost. The 33-year-old Port Neches woman was found dead in her yard Oct. 15, 1989. She had been sexually assaulted and her head crushed with a concrete block. Judge Layne Walker of the 252nd Criminal District Court initially decided to postpone the trial and give the defense ample time to prepare its case. He was also planning to dismiss the jury, which was selected earlier this week after a three-week process. However, when District Attorney Tom Maness objected to the delay, Judge Walker said, "If that is your position, we will go forward with the trial on March 17 and Im excluding all DNA evidence." Maness said he would appeal the ruling. Prosecutors were tight-lipped after the ruling, declining to answer questions from reporters. In past interviews, however, they said the DNA evidence was an important part of the case. In fact, advances in DNA technology were credited in November 2001 with LaRues re-indictment. The original case against LaRue was dismissed in 1994 because prosecutors did not believe they could get a conviction based on the evidence they had. Doug Barlow, defense lawyer for LaRue, said the state did not give him the evidence until this January, a year after the court ruling to hand over evidence. Maness, however, contended that Barlow did not set up a time and place to collect the evidence, as is customary in Jefferson County. Walker found that the District Attorneys Office was "extremely negligent" in waiting so long to turn over the evidence. The late action forced LaRue to decide between his Constitutional right to a speedy trial and his right to an adequate defense, Barlow said. The state must appeal Walkers decision by the scheduled trial date of March 17. Reach this reporter at: 833-3311 ext. 427 |
©The Beaumont Enterprise 2003 |
Maness, however, contended that Barlow did not set up a time and place to collect the evidence, as is customary in Jefferson County.It looks like the defense may be as negligent if this prosecutor is right. I agree that rules are rules, but when I read . . .
Donna Pentecost, 33, of Port Neches, was found dead in her yard. She had been sexually assaulted and her head crushed with a concrete block.. . . it seems like the animal/criminals are winning this one in the war against heinous crimes.
That doesn't excuse any bumbling/negligence by the prosecutor, if any, though . . .
See my #6 also, fyi.
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