lucchesicourt
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- Apr 20, 2005
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That's false. The Tshirt was tested.
However, the defense (after the verdict and as part of a later effort for more DNA testing and using advanced DNA testing since the murders) asked for *additional testing* of some individual stains that were not tested. Not every single stain on an item of clothing that has dozens of stains is necessarily going to be tested by the state. They only have so many resources and decisions have to be made on priority of items to test, how much to test, etc.
The jury heard and saw everything presented to them in the courtroom. They heard and saw all witnesses. The jury, at its discretion, can choose to believe or not believe any witnesses testimony in whole or in part. They can choose to put weight on any evidence, or not. Totally up to them to decide.
And decide they did.
Exactly what did they test on the nightshirt? It sure wasn't the blood. They argued that the blood on the back of Darlie's nightshirt was castoff blood from stabbing the children, am I right? Then if they tested the blood on the back of the nightshirt for the Y- chromosome (meaning a males blood), and they found NONE with the Y- chromosome, how can they argue it is Devon's and Damon's cast off blood in court? What evidence did the prosecution have that this cast off blood was Devon;s and Damon's? Absolutely none!! only Bevel's testimony. Which is worthless without something to back it up. This technology existed in the 80's.
Again, they did not want this blood evidence placed into the trial, because if it was Bevel's testimony about his expertise would have been shot to h***. So, if it was tested for the Y-chromosome, then the prosecution withheld the results.