I agree, it’s absolutely typical for a defence team to attempt to have critical evidence tossed and this has only just begun.
Richard Allen's lawyers have filed a motion asking that certain ballistics evidence be excluded from trial.
www.wthr.com
“Allen’s attorneys described the state’s evidence as “flimsy,” and they raised serious questions about the science used to establish a possible link between Allen’s gun and the unspent round found at the crime scene.
“The probable cause affidavit seems to suggest that a single magic bullet is proof of (Richard Allen’s) guilt. It is a bit premature to engage in any detailed discussions regarding the veracity of this evidence until more discovery is received, but it is safe to say that the discipline of tool-mark identification (ballistics) is anything but a science. The entire discipline has been under attack in courtrooms across this country as being unreliable and lacking any scientific validity,” defense attorneys Brad Rozzi and Andrew Baldwin wrote in December, just before a judge issued a gag order in the murder case. “We anticipate a vigorous legal and factual challenge to any claims by the prosecution as to the reliability of its conclusions concerning the single magic bullet.”