TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #8

[JerseyWasHome2]

Second opinion? The defense could have hired their own ballistics expert and call them as a defense (expert) witness to dispute the state's evidence.

Is it possible they did, and will call them when it’s their turn to call witnesses?

 

[arielilane]

Aston says that’s more agreement than he’s ever seen, but it could be possible.Defense: If there can be that much agreements in casings and projectiles produced by demonstrably different weapons, what basis do you claim identification?

Defense tries to speed this a long, but Aston is rephrasing the question “Could I see two different ones that have some amount of agreement between them? Absolutely. I don’t know the percentages,” said Aston.Defense says article references 51% agreement in incidental lines.

https://twitter.com/JessicaTaylorTX

 

[SteveP]

@alcaprari23

Defense is reading an article from the Association of Firearms and Tool Mark Examiners which posited that agreement lines found in test firings might closely resemble two different guns. A good strategy to add doubt in the minds of the jurors of the credibility of the testimony.


6:50 PM · Nov 13, 2023

I agree that it could add some doubt as to the credibility of the testimony, with some juror or jurors, but given everything else that has been shown about her purchase and operation of a 9mm Sig, testimony of her learning how to operate it, with practice firing it, the location of her Jeep at the time of the murder, and her DNA at the crime scene, would that doubt be REASONABLE doubt. I would say not.

 

[arielilane]

@JessicaTaylorTX

Back and forth with Aston and defense about a ‘NIBIN investigative lead.’


6:55 PM · Nov 13, 2023

 

[Seattle1]

11/13/23 -- Witness: Kaitlin Armstrong's Phone Was Off During Murder

 

[arielilane]

@JessicaTaylorTX

Defense asks if it was written in probably cause affidavit that a NIBIN investigative lead was determined, is that inaccurate. Aston says it doesn’t sound inaccurate.


6:58 PM · Nov 13, 2023


Defense asks is Aston has ever failed or made a mistake on any of the proficiency tests in his whole career. Aston says no sir. Aston maintains he’s gotten perfect scores for over 10 years. Defense asks if anyone from his department has failed or made a mistake


6:59 PM · Nov 13, 2023

 

[arielilane]

@JessicaTaylorTX

Aston says one colleague failed a serial number proficiency testing and was taken off of that line of work.


7:00 PM · Nov 13, 2023

 

[JerseyWasHome2]

I can’t believe they are still going and it’s now a bit after 6:00pm their time.

 

[arielilane]

@alcaprari23

Defense is really hounding the witness on his credibility and his profession. Aston says he has never failed a proficiency test for ballistics testing or made a mistake on a proficiency test.


7:01 PM · Nov 13, 2023

 

[arielilane]

@JessicaTaylorTX

Defense getting into the details of what’s a tool mark examination versus firearms.


7:02 PM · Nov 13, 2023

 

[arielilane]

@alcaprari23

Aston clarifying tool mark examinations versus firearms examinations. Aston is a tool mark examiner, meaning he can also study markings from screwdrivers, hammers and other tools. Aston says he doesn't deal with numbers or data, so his work is subjective by nature.


7:02 PM · Nov 13, 2023

 

[arielilane]

@alcaprari23

Aston says there is no "quantity of agreement" for him to call evidence he is eyeballing a match. No minimum points of agreement to meet a threshold. Therefore, the agreement levels can differ examiner-to-examiner.


7:04 PM · Nov 13, 2023

 

[arielilane]

@JessicaTaylorTX

Defense asks if there are minimum points of agreement they look for. Aston says correct. Aston also says that the amount of agreement he looks for can also vary case to case


7:04 PM · Nov 13, 2023

 

[Howl]

Is it possible they did, and will call them when it’s their turn to call witnesses?

How does it work when the defense requests an independent test on evidence and it's in agreement with the State's findings? Can the prosecution bring up the test, even if they can't get access to the results?

and her [KA's] DNA at the crime scene

Was KA's DNA confirmed at the apartment where MW was killed? Was that argued to be transfer DNA, i.e., KA's DNA was transferred to CS to MW during the motorcycle ride, who then left traces of it in the apartment?

 

[JerseyWasHome2]

@alcaprari23

Aston says there is no "quantity of agreement" for him to call evidence he is eyeballing a match. No minimum points of agreement to meet a threshold. Therefore, the agreement levels can differ examiner-to-examiner.


7:04 PM · Nov 13, 2023

Ugh. But surely as it’s 2023 and not 1923, they have software that can analyze these images In addition to his subjective (his term) opinions?

 

[arielilane]

@JessicaTaylorTX

Aston says he has never determined his own error rate; he says they don’t do individual persons, they do it as a field.


7:09 PM · Nov 13, 2023


Aston says they did not do an error rate in this case, and they don’t quantify with percentages how “sure” they are. Aston says he’s confident in his opinion in this case. Defense: but you’re not willing to quantify that? Aston: correct.


7:10 PM · Nov 13, 2023

 

[Walela]

How does it work when the defense requests an independent test on evidence and it's in agreement with the State's findings? Can the prosecution bring up the test, even if they can't get access to the results?


I missed this. Was KA's DNA confirmed at the apartment where MW was killed?

IANAL but I believe the defense must disclose the names and addresses of trial witnesses; reports or recordings of witness statements; the results of physical or mental examinations, scientific tests, experiments and comparisons intended to be used for trial; and any real evidence the they intend to use at trial.

Edited to add: DNA was found on Mo's bicycle...IRRC the seat and handlebar.

 

[arielilane]

@JessicaTaylorTX

Defense asks when the last time Aston made a finding a casing was excluded as coming from a specific gun based on characteristics. Aston says this year but can’t recall a specific case.


7:13 PM · Nov 13, 2023

 

[arielilane]

@JessicaTaylorTX

Defense asks if likelihood that another gun made the marks that Aston examined would be a practical impossibility. State objects, saying that defense keeps cutting off the witness. Defense letting Aston answer


7:19 PM · Nov 13, 2023


Defense asks how many 9 mm are in private ownership here in Central Texas. Aston estimates tens of thousands.


7:21 PM · Nov 13, 2023

 

[arielilane]

@JessicaTaylorTX

Defense still questioning Aston but judge recesses for the day


7:29 PM · Nov 13, 2023