schooling
I Have Opinions, Too
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From the point of view of the defense--if the standard investigative techniques led to the DNA match, there seems to be no avenue for getting that DNA thrown out. If the IGG led to the DNA match, they may think they can test the constitutionality of IGG or the methods for producing the match, and get it thrown out. So which came first is going to be very important to them.
So the match gets thrown out, then what?
Prosecutors would likely just march right back down to the courthouse and obtain a new BK sample with the evidence they have outside of IGG. And just like before, CODIS match, 5,000,000,000,000,000,000,000,000,000 to 1.
Unless we're imagining some sort of nuclear option scenario. Where we throw out all of the evidence and/or detective work...pretending none of it exists. Which kills all roads to BK and a CODIS match. Essentially making him immune from prosecution. Forever. Since the argument seems to be "you found BK unfairly using IGG...." I'm guessing any and all evidence used to 'show their work' in finding him is fruit from a poison tree?
Or maybe the judge thinks LE/Prosecutors acts are so egregious that they dismiss the case with prejudice? OK now I'm just being crazy. Two scenarios I could never ever imagine happening.
So maybe BK gets a successful appeal and new trial off of a 3rd scenerio. But then we are right back to prosecutors just obtaining a new sample with the evidence they have.
There's not a plausible scenario that benefits BK.
Ultimately, Prosecutors / LE pulling that DNA locally, first, was a checkmate move. The IGG stuff is a sideshow and largely inconsequential. If anyone disagrees just answer the question "Then what....?"
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