Desilu said:
There is a really great thread here about the fiber evidence on the knife, I remember reading when I was browsing thru the forum.
Post #132 by Dani. And bravo Dani, I learned a lot from this one.
http://websleuths.com/forums/showthread.php?p=670385#post670385
Because I wish to respond to some things said by Dani I have copied this post below.
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The jury never heard from forensic experts Terry Laber and Barton Epstein, who were retained by Petitioners appointed counsel both of whom were identified by name in the States closing arguments as witnesses the defense never called to rebut Linch and Bevels testimony.
The investigators Laber and Epstein were relieved of their duties or fired if you will by Mulder.
That's interesting because I just did a word search on the closing arguments for the State using 'Laber' and 'Epstein' and there was nothing found. furthermore I don't see how Laber and Epstein could have been called to rebut Linch and Bevel since if you actually read all of Labers affidavit everything he says is pretty much brought up at trial anyway (eg. the wine glass shards, the whole saga of the vaccum cleaner, how the boys blood got on her shirt etc). There is nothing whatsoever earth-shattering in his affidavit (except perhaps everything he has managed to achieve by the age of 21... looks like he is a pretty smart cookie that one!)
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The jury never learned that before Linch tested Knife Number 4, the kitchen knives recovered from 5801 Eagle Drive already had been dusted for fingerprints using a fiberglass brush composed of the same material as the fiber removed from that knife.
Strike #89382492384732 for the Darlie Routier appeals team. I gotta tell you I really am getting sick of the misinformation they have published in their writs etc.
2 Q. Let me ask you about one other source
3 of fiberglass. Fingerprint brushes, are they also made
4 of fiberglass?
5 A. Yes, they are. Some of the most
6 common fingerprint brushes used by the police are made of
7 fiberglass.
8 Q. Okay. Over this past weekend, did you
9 meet with Officer Charles Hamilton of the Rowlett Police
10 Department?
11 A. No, sir.
12 Q. Okay. Did you obtain a fingerprint
13 brush from Rowlett?
14 A. Officer Hamilton left his fingerprint
15 brush at my laboratory over Saturday.
16 Q. All right. Did you compare the
17 fiberglass that made up his fingerprint brush with
18 fiberglass that you found on the knife blade and the
19 screen also?
20 A. Yes, I did.
21 Q. All right. What were your findings
22 when you looked at his fingerprint brush and fiberglass
23 that made it up?
24 A. The fiberglass rods that make up these
25 fingerprint brushes are almost twice as thick as the
Sandra M. Halsey, CSR, Official Court Reporter
3038
1 fiberglass in the screen. So they are very, very
2 different. The fingerprint brush rods are much larger.
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No definitive tests were conducted to determine the source of the fiber. Linch could testify only that the fiber was consistent with the garage screen window... he had reached a similar conclusion about a hair found in the same garage window screen that he opined was consistent with Petitioners hair
And the question that needs to be asked from here is- was he wrong? On either count? No. The hairs were microscopically identical and he himself testified that he would issue the exact same report today. DNA testing showed it was not her hair but under the microscope they have the same microscopic charactertistics. Are you suggesting that perhaps he should have reported that they were NOT microscopically identical when they in fact were? No matter what he does Linch just can't please anyone can he?
As for testifying that the fibreglass rod - the hair is a strawman article. Whether it belong to Darlie or not it was still a hair. The fibreglass rod and the rubber debris were microscopiclaly identical to exactly what was produced when you cut that screen with that bread knife. There was absolutely no difference between the fibres and debris. They were two separate pieces of evidence which he testified came from the same source. He went through the house and was unable to find anything else that could have remotely produced that evidence in combination. He compared Hamilton's brush and it was clearly inconsistent.
This is the important part. The hair whether or not belonging to Darlie or another is still a hair????? Yes, I think all probably agree with that statement. But the fact that it was a hair is not realy what is important is it? I think that what is important is that the hair did not come from the head of Darlie but from the hair of someone that the EVIDENCE say was never even present. Because Linch tells that the two hairs are identical to him with his microscope the law assumes that it is the hair of Darlie and for a while it was used for evidence of her being the guilty one. later Linch did more complicated testing and discover with DNA that it was not the hair of Darlie and so it have to be dismissed as evidence against Darlie. The damage was done however.
Now to the fiberglass rod and the dust and debris. All microscopic I will also say. Linch cuts a similar screen but not THE screen I think and gets a lot of these fiberglass rods and dust and debris upon his knife. He look at both these and the ones from the kitchen of Darlie and he say that they are both identical to him with using his microscope. And there he stops and there you are believing him that because they are identical with the microscope they are a fact of being identical.
You only have to go to your argument above to see that this cannot be a wise thing to be thinking. We all have already seen a case with the hairs where identical with the microscope turn out to be not identical at all with more investigation.
But there is now the situation where Linch cannot do further investigations on the fiber and debris. Because there is not enough of the evidence collected to do any more investigating into their absolute source. So all he can say is microscopically identicle which we already see does not matter.
When Linch cuts his screen he get a large amount of these fiberglass rods and debris on his knife. Not a tiny amount like on the Darlie knife. I can believe that some of the stuff on the Darlie knife fall off on the way back to the kitchen. But there is no evidence of that.
Whatever the rods making up the fingerprint brush is not what is important, that is not the same thing as using the brush on the window and then using it on the knifes and being able to say of a certainty that the brush did not contaminate the knife. It simply cannot be proven that it did and there is that liklihood as transfer of evidence inadvertently is known to happen.
In the trial Linch say the knife had not been used for fingerprinting and now he say that it had. Both times he speak he is under the oath to tell the truth.
You cannot say that because no more of these fibers and debris were found along the path that the fingerprint brush was used is important, because Linch did not look at all these things with his microscope. Things like washing machines and like that. And you cannot say that something collected on brush fibers by accident will fall off at any certain point. Logic says that it would fall off more likely on the things brushed right after doing the window.
But, is there any evidence that Linch examined the fingerprint sticky tapes that were collected with his microscope to see if there were more of these finbers that might be transfer contamination? I do not remember any testimony to that.
What I see here is that you are using hair and fiber and apply vastly different standards for proof to them.
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ikewise, the jury was given no evidence regarding a possible alternative source of the fiber Charles Linch said he recovered from Knife Number 4.
What strike number are we up to now?
Zero I think.
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Linch testified that the fiber was consistent with the material from the garage window screen. This testimony invited the jury to infer erroneously that Petitioner had cut the screen herself to create the false exit of the alleged intruder
Well gee whiz. We've got a bread knife with two independent pieces of evidence which were at one time joined which are microscopically identical to what is produced when you cut the screen with the same knife (right down to the diameter of the rods and the coloured pigment in the rubber. We've got no other possible sources in the house to produce this combination of evidence. We've had the fingerprint brush excluded. What other reasonable inference is there?
PALENICK: It is my opinion that if Knife Number 4 was dusted using a brush and fingerprint powder, and if the knives in the same block were also dusted using a brush and fingerprint powder, then it is possible that the fibers in Knife Number 4 came from the brush used to dust the knives found in the kitchen, rather than from the garage window screen.
It was already ruled out during trial that the fingerprint brush was the source of the fibre.
Here I think is a lack of complete understanding of what this Palenick is telling. When he say thqt it is possible that the fibers in knife number 4 came from the brush used to dust the knife then he may be saying that it was a transfer of evidence from the windowsill to the knife. Where does he say that he is speaking of the fibers composing the brush hairs?
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If defense counsel had presented evidence demonstrating that the knives had been contaminated by the fingerprint dusting that was done before Linch received the knives for testing, counsel could have eliminated the significance attached to that otherwise dramatic piece of scientific eviden
No they couldn't have. There were two pieces of evidence on the knife which had at one time been in combination. The fingerprint powder would not and could not account for this.
The piece of evidence is as dramatic as ever.
I agree that the fingerprint powder was not it qnd the brush was not it. But I still say that the transfer of fiber and debris from the windowsill to the knife by the brush is a possibility. Please do note that I do not claim my thoughts are the absolute correct ones.