We can assume there is no DNA evidence because of a defense motion????....is this because every defense motion is 100% valid and always goes in their favor when the judge rules?
We know for sure they have a blonde hair found in ZA's home but do not know yet if it matches HB.
If we want to assume anything about that hair "PROBABLY" it matches since they used it to get an indictment.
You saying DNA evidence being in ZA's home is only important to him alone is pure nonsense.
The prosecution has to tie JA and DA to the kidnapping/murder and if they can't place them at the Bobo home or Holly at theirs or places they frequent ....it is darn sure important for those other 2 defendants as well.
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*Also which one of the suspects stated after the discovery was turned over that Holly had been at ZA's house on her own free will a couple days before she was kidnapped...(JA)?
The fact he never said this before he saw the evidence against him hints strongly the prosecution can prove for certain Holly was in ZA's house and once again shows they "PROBABLY" will be using DNA evidence to prove that.
** The reason the blonde hair is "PROBABLY" going to be key piece of evidence is because it was used to get the indictment,The prosecution gets to pick and choose what evidence they use to show guilt against the suspect.Why would they choose a hair that they can't tie the victim to the suspects house.They would have excluded that hair evidence and not risked showing it to the GJ and let them question why it does not match the victim.
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An attorney who makes false representation to a court in the form of a motion claiming that particular evidence was not turned over in discovery when in fact it was, is going to find themselves in trouble pretty quickly. This attorney has no motivation to risk disbarment and destroy her career for no reason, so the fact that she has said this in a motion means that she has not received any reports of DNA evidence showing that HB was in the house. There is no reason to think that she is lying about this. Note that the prosecution did not challenge the claim, so, they also think that there is no report of DNA evidence in the house. If there was evidence to that effect in the discovery they would have said so, and they did not.
Which means that they do not have evidence of HB’s DNA being found in the house (which includes this hair incidentally). Or, it means that any such evidence has not been turned over in discovery.
The presence of HB’s DNA in ZA’s house implicates ZA, it does not implicate the other two because they do not live there. Consequently it cannot be used against them, only ZA. ZA’s attorney would have been looking specifically for those reports as a result, since any such evidence would be deeply implicating for her client, whereas the attorneys for the other two accused would not care if there was no report. So, she filed a motion about it while they did not.
The indictment was obtained days after the search, which is not enough time for the DNA analysis to have been done and properly analyzed. So they would not have known if it belonged to HB or not at that time.
Remember, this motion specifically talks about DNA evidence from the house, and the fact that the reports are not there even though the DA at the time talked about DNA being found in the house.
The reason ZA’s attorney is asking for this now is that she does not want to start the trial and have these reports suddenly sprung on her being recently “discovered” and “accidently” not included in the discovery materials, since then she would not be properly prepared to present a defense. So she is filing this motion now to ensure that the prosecution does not present a surprise “oops” during trial. Once she has specifically asked for this evidence, the prosecution cannot suddenly “find” it later if they say the evidence does not exist now.
The evidence probably does not exist, but she is just making sure that that is the case.
The question then is why would Stowe have talked about this if it did not exist? That is a good question indeed, and it may be the source of the issue between Stowe and the TBI. He may have been led to believe that such evidence existed, made the claim publically, but was then unable to get the relevant reports himself. That would be why he was suggesting that the TBI was undermining the case by withholding evidence. Now, the TBI may never have claimed that such evidence existed, but Stowe’s predecessor just assumed that it would exist, and that assumption was transmitted as fact to Stowe when he took office. He would then have asked the TBI to see the reports, only to be told “What reports?”. And then things went downhill from that point, since Stowe no longer trusted the TBI and probably told them as much.