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To: Fresno DA
A lot of this case is going to come down to Reasonable Doubt that DW did it. Law requires that if there is "RD," Mr Westerfield cannot be convicted and must be acquitted.

Unless the prosecution can present VASTLY more incriminating info against DW than we have been told they have...and Unless the doubts arising inherently from the various stories of the VDs and the wide-open opportunities for anyone at all incl their other guests, to have committed whatever was committed...

AND UNLESS THE VERY SERIOUS REASONABLE DOUBT THAT THE CRIMES WITH WHICH DW IS CHARGED WERE EVEN COMMITTED AT ALL can be resolved, ...

Then this case is over before it begins, and ought to be dismissed.

Again I say, there is as far as any of us sharpies knows, far more than enough reasonable doubt that the crimes WERE EVEN COMMITTED AT ALL, to require the judge to simply dismiss the charges against some specific fall guy who has been picked up.

117 posted on 03/24/2002 9:02:09 AM PST by crystalk
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To: crystalk
AND UNLESS THE VERY SERIOUS REASONABLE DOUBT THAT THE CRIMES WITH WHICH DW IS CHARGED WERE EVEN COMMITTED AT ALL can be resolved, ...

Then this case is over before it begins, and ought to be dismissed.

Given the climate of hysteria in SD, this seems very unlikely. The only way DW would be released would be if the fingernails yielded someone else's DNA based on the 6 markers that are ususally done. (Remember in OJ, one of Marcia's arguments was that they didn't have enough blood to allow defense to do all of their OWN more detailed testing. Racial profiling aside, this was part of the doubt.) IMO, if it's not his it will be inconclusive. The six markers can and will be challenged. They will not trade David unless there is someone else.

After reading on a different forum, there are apparently more than a few parents in SD that think SDPD doesn't have the right guy and are worried that some one's still on the loose.

Now for the rumor mill. There seems to be people of the opinion that the reason SDPD zeroed so quickly is that there are some PD involved in CB's. Birds of a feather. No to the extent that it's a "conspiracy" it's more just ignoring stuff. Exculpatory 3rd party evidence.

119 posted on 03/24/2002 9:42:27 AM PST by Jaded
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