BLOOMINGTON The statesapproval to use all of a DNA samplefor testing without prior notice to the defendants lawyer does not preclude the state from using the evidence at his sexual abuse trial, a judge ruled Friday in denying a motion to suppress the state lab results. <\/p>\n
Defense lawyer Jennifer Patton argued that Wichmanns constitutional rights were violated because the DNA material is not available for testing by an expert hired by the defense. The material was collected from the inside of a condom, said Patton. <\/p>\n
Patton cited an email exchanged between Assistant States Attorney Jacob Harlow and an Illinois State Police forensic scientist in January on the need to use all of the sample for testing. <\/p>\n
In his email, Harlow approved of \"consumption\" of the sample, adding that this case hinges on the DNA findings. <\/p>\n
Harlow told Judge Scott Drazewski that state Illinois Supreme Court evidence rules do not require the state to seek the courts permission to consume a DNA sample. <\/p>\n
In the Wichmann case, additional DNA material is available from twoother samples and may be tested by the defense, said Harlow. <\/p>\n
In his ruling, Drazewski characterized the DNA sample from the inside of the condom asevidence thats going to have much more persuasive information than the remaining samples. <\/p>\n
The scientific methods used to locate and examine DNA profiles require a minimum amount of material, noted the judge, and sometimes the samples must be consumed in that process. <\/p>\n
The state did not violate the rules of evidence or discovery, said the judge in his denying the the defense motion. <\/p>\n
Patton said the defense will move forward with a review of the lab results by an independent expert. <\/p>\n
Wichmann will be back in court on Sept. 15. <\/p>\n
Follow Edith Brady-Lunny on Twitter: @pg_blunny <\/p>\n
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See original here: BLOOMINGTON The statesapproval to use all of a DNA samplefor testing without prior notice to the defendants lawyer does not preclude the state from using the evidence at his sexual abuse trial, a judge ruled Friday in denying a motion to suppress the state lab results. Defense lawyer Jennifer Patton argued that Wichmanns constitutional rights were violated because the DNA material is not available for testing by an expert hired by the defense Continue reading
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