PrairieWind
Verified Attorney
- Joined
- Oct 22, 2009
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There was a blanket taken from the basement of the third house by LE. That blanket was tested and was found to have 3 separate DNA (semen) samples. One was ID's as MR's (I think - could have TM's) but the other two was just presented as "unidentified".
I found that very strange - especially since it was being introduced in a courtroom during a trial. They just focused on the one that was ID's as one of the defendants. But still, I would seriously want to know who the other two were - wouldn't you? Wouldn't a jury? Wouldn't both the defense and the prosecution? Why there were no further legal steps taken to compel samples from others - IDK.
I was just wondering if a GJ would have the authority to compel DNA samples? I don't think so - but then again, could be.
HTH
JMHO
They would need a warrant to compel DNA samples from other individuals. And for a warrant they would need probably cause. I don't know enough about who was at which party/house to know if probably cause existed against any other individuals. But of course, just the existence of DNA on that blanket would not be enough to convict anyone of anything. If the other defendants werent saying anyting about other boys raping her, then there wouldnt be anywhere (at that time) for the prosecution to go with it. The defense would not want to pursue it because it would simply tend to show that it truely was a gang rape and doesnt help their clients.