I think AT is rightfully pissed that the FBI apparently violated terms of service of at least one site where users can upload DNA, and apparently also violated their own guidelines. She's right to be angry about that. I think she struggled more than usual today though because this judge can really cut to the heart of the matter. The question is, was it unconstitutional, and he made the point that it's not. He didn't say that IGG in general is not unconstitutional, just that what the FBI did is not. She also argued right to privacy and I didn't think she did all that well with that. She just kept coming back to public perception of expectation of privacy and I think it's way more complicated than that due to the nature of familial DNA. The judge also made the point that BK lacks standing since he didn't upload his own DNA--again, the facts of familial DNA I think can complicate that but she didn't argue it.
With the Franks, he again cut to the heart of the matter--she needs to convince him that if all this other information she was bringing up had been included in the PCA the magistrate would have made a different decision. With a familial match of the father's DNA from the trash to the DNA on the sheath, there is virtually no chance the magistrate is not going sign off. Would conflicting statements of a traumatized witness change the decision if included? Would a car pointed in the opposite direction as Moscow an hour before the crime change the decision if included? I don't think so, just my opinion.
I honestly thought the Deputy DA was awful today and I hope she's better prepared for trial.
There's a lot to pick apart from today's hearing and I'm sure we'll dissect every sentence for pages on end since we've had so little info so far lol.
JMO