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NO ONE stated he should get off. No one. The poster simply pointed out that if he does, it'll likely be due to the DNA seizure. Pointing something out like he won't get off UNLESS they find the DNA seizure unconstitutional is not even a little bit similar to saying they hope he gets off.
You're just playing around with semantics when you know perfectly well what that poster meant.
I know perfectly well who's side I'm on - the victims. You and others, not so much.
What? Given that, in all likelihood, the rapist committed rape a number of times and raped more than one victim, under what circumstance do you think he should be allowed to walk away? I can't think of any, and if the young woman in question was your daughter, you would see it differently. As long as some posters keep searching for reasons to allow the rapist to go free (giving him hope), they should hang their heads in shame.
But keep on showing your support for the rapist. At least we know where you stand.
Even the most vile criminals have hope of getting off on some technicality. A comment was made about that hope. You know, the hope that he has. The criminal. Get it?
I suspect it will be quite a while before it goes to trial.
Why? Absent a vast and crowded court docket don't see any reasons to delay things on either side. There are only a handful of defenses available to defendant with main option being to attack the DNA evidence. This can be done simply by asking the court (during trial) if more time is needed for completion of said tests and or results to be returned.
Before DNA science *might* have given this guy (as would a judge, jury and others) some benefit of the doubt. But with his son having been born there really isn't much wiggle room.
IMHO thing to watch for is if the guy cops a plea and throws himself upon the mercy of the court.
Why? Absent a vast and crowded court docket don't see any reasons to delay things on either side. There are only a handful of defenses available to defendant with main option being to attack the DNA evidence. This can be done simply by asking the court (during trial) if more time is needed for completion of said tests and or results to be returned.
Before DNA science *might* have given this guy (as would a judge, jury and others) some benefit of the doubt. But with his son having been born there really isn't much wiggle room.
IMHO thing to watch for is if the guy cops a plea and throws himself upon the mercy of the court.
That might happen.
His defense "team" is petitioning for another DNA test by "their own experts." The same paternity finding would pretty much put the kibosh on their beef about how the DNA was initially collected.
His defense "team" is petitioning for another DNA test by "their own experts." The same paternity finding would pretty much put the kibosh on their beef about how the DNA was initially collected.
Oh please.... Yes, they'll likely try that.
Hope this case moves quickly and he gets imprisoned for his crimes and to protect the female population.
I don't get how long you can argue about "how" the DNA evidence was collected and get to walk free..
If the evidence to convict somebody is, for example, an illegally tapped conversation, or illegally obtained files from his house, then I see the point, as these evidences would never been able to be used again as they are, let say, 'unique'. You can't go back in time and get a warrant to record that same conversation, or to get those same files.
But DNA is not a 'one time only' evidence. You can argue that a particular DNA sample can't be used on trial because there are issues with its collection or handling. However, that doesn't prevent to use other samples, either obtained within the confines of the law, or by collecting the DNA the suspect and the baby 'shed' all day long.
If there was a technical flaw in how the DNA was collected the issue would be moot under the 'inevitable discovery' rule.
Someone mentioned that there may be a custody fight with the father's family. The mother is a Native American, her tribe will control custody and adoption.
If there was a technical flaw in how the DNA was collected the issue would be moot under the 'inevitable discovery' rule.
Someone mentioned that there may be a custody fight with the father's family. The mother is a Native American, her tribe will control custody and adoption.
You know not all Native Americans live with a tribe right? They are with the girls mother and family, who probably live in a suburban home just like we do. There is not going to be adoption, the grandmother is raising her.
It' not about a technical flaw, the court debate will center around the constitutionality of collecting DNA from all male staff members, who had no choice and individually were not under suspicion due to any sort of evidence that they committed a crime.. The argument will center around whether it's illegal search and seizure under the Constitution.
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Yes, they'll likely try that.
