pufnstuf,
I have lots of friends. One of them just happens to work closely with the defense team. When I posed your query to him, this was his response to you:
Puff:
Links, sure:
The pendant and t-shirt, as I'm sure you know, have been tested (relatively crudely), and the tests indicated blood traces found on them were similar to both the defendants, who owned them, and one of the victims. And an almost infinite number of other people too. Your blood type may be similar to mine. If I wind up murdered, you might want to hope that nobody discovers a shirt of yours with your blood on it. (For anybody reading along that may be unaware, you can study the most recent disclosed DNA results along with all of their implications here:
http://www.jivepuppi.com/jivepuppi_DNA_part_one.html (That's part one of a 4-part treatise on the subject by a very bright man, the pharmacologist Dr. Martin David Hill.)
After getting up to speed there, why don't you study--closely--the arguments put forward by David Raupp, Senior Assistant Attorney General of Arkansas, and Dennis Riordan, counsel for Damien, this past September 30 in the oral arguments at the Arkansas State Supreme Court? You can read the transcript or just sit back and watch them here:
http://callahan.8k.com/pleadings.html
Regarding those arguments: is it really easy to doubt that Riordan didn't mean "everything" when he argued, repeatedly that "all [evidence] means all [evidence]," inculpatory or otherwise? Because, otherwise, you'll need to assume, in order to maintain your doubt, that what Riordan really meant was "all means all--except that pendant and t-shirt: don't test those!"
And don't miss Raupp's main point when he attempts to restrict the meaning of "all" to only "evidence of guilt:" here, let's quote him, because it's priceless:
"Well it says it it says it by the clause that's set off: when considered with all the evidence in the case regardless of whether the evidence was introduced at trial. That clause separates the operative grammatical elements of the sentence which are a new trial if the DNA test results establish by compelling evidence that a new trial would result in acquittal. I think I think that's not an uncommon grammatical construction to say we have a DNA testing statute animated by letting people prove they're innocence, and you'll get a hearing if your DNA test results establish by compelling evidence that the trial would result in acquittal. And then you set off a clause that is effectively and oppositional clause, what is it you consider in opposition. And I understand that it doesn't expressly say that, but you have to interpret the statute in light of um its animating purpose. And you have to interpret in light of rules of grammar. I mean I think that's a very fair construction uh to say that a statute that says your results must compel that you wouldn't be found guilty when considered against other evidence. What other evidence would a legislature expect people to consider when it's creating a remedy that lets you get a new trial without any demonstration of error in the way you were convicted. Right?"
Nothing doubtful about that logic, right?
It's "operative grammatical elements?...it's "um" animating principle?...interpreted in light of the rules of grammar"?
There's no doubt that it's absurd and that's the exact word the ASSC used to sum up the state's "animating principle:"
http://callahan.8k.com/pdf/de_assc_order.pdf (see page 10).
Here's a link to the statutes in question (they are not poorly written and their meaning is clear):
http://www.innocenceproject.org/docs/A.C.A._16-112-201.pdf)
As I said, Raupp is just trying to restrict the statute to all evidence of guilt. Riordan had just said--exculpatory, inculpatory: all means all--bring it on--all of it.
The defense has called for the testing for a multitude of things; the state has tested some things--most have been alleged to be incriminating; in fact the hairs found at the scene are the only things I can think of off the top of my head that are said to be exculpatory (for D, J & J).
If the blood tracings on the pendant and t-shirt still exist in quantity enough to be tested with the latest science, they will be tested, unless the state wins it plea not to test them: for every item tested just further erodes their wrongful convictions--and they know it.
Though, I doubt you'll ever acknowledge that, Puff.