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	<title>Comments on: Battle over evidence continues in 3-strikes case</title>
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	<link>http://thecoastnews.com/2010/02/battle-over-evidence-continues-in-3-strikes-case/</link>
	<description>Making Waves in Your Neighborhood</description>
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		<title>By: FredCaldwell</title>
		<link>http://thecoastnews.com/2010/02/battle-over-evidence-continues-in-3-strikes-case/comment-page-1/#comment-7023</link>
		<dc:creator>FredCaldwell</dc:creator>
		<pubDate>Mon, 08 Feb 2010 08:32:13 +0000</pubDate>
		<guid isPermaLink="false">http://thecoastnews.com/?p=39713#comment-7023</guid>
		<description><![CDATA[&quot;At the heart of the matter is a pawnshop slip marked with the findings of the evidence technician, which was properly placed into court’s evidence&quot;

Just FYI. There is no &quot;the&quot; evidence technician when it comes to a forensic expert. Sure, there is the prosecutor&#039;s technician. But the defense&#039;s technician can come the exact opposite conclusion on the same evidence. The two bite mark experts at my sister&#039;s murder trial are a good case and point. The prosecutor&#039;s argument was that because a (poorly defined) bite mark on the victim could not have come from three certain men, it had to have come from Cheri Dale. Whereas the defense&#039;s expert said under oath &quot;almost anybody could have left that kind of a bite bruise&quot;. 
But forget the notion that each case has only one technician. That&#039;s not so, and such a claim gives the false sense of being final and conclusive.
The sentence should read:  &quot;...a pawnshop slip marked with the findings of AN evidence technician&quot;]]></description>
		<content:encoded><![CDATA[<p>&#8220;At the heart of the matter is a pawnshop slip marked with the findings of the evidence technician, which was properly placed into court’s evidence&#8221;</p>
<p>Just FYI. There is no &#8220;the&#8221; evidence technician when it comes to a forensic expert. Sure, there is the prosecutor&#8217;s technician. But the defense&#8217;s technician can come the exact opposite conclusion on the same evidence. The two bite mark experts at my sister&#8217;s murder trial are a good case and point. The prosecutor&#8217;s argument was that because a (poorly defined) bite mark on the victim could not have come from three certain men, it had to have come from Cheri Dale. Whereas the defense&#8217;s expert said under oath &#8220;almost anybody could have left that kind of a bite bruise&#8221;.<br />
But forget the notion that each case has only one technician. That&#8217;s not so, and such a claim gives the false sense of being final and conclusive.<br />
The sentence should read:  &#8220;&#8230;a pawnshop slip marked with the findings of AN evidence technician&#8221;</p>
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		<title>By: Fred Caldwell</title>
		<link>http://thecoastnews.com/2010/02/battle-over-evidence-continues-in-3-strikes-case/comment-page-1/#comment-7022</link>
		<dc:creator>Fred Caldwell</dc:creator>
		<pubDate>Mon, 08 Feb 2010 07:48:47 +0000</pubDate>
		<guid isPermaLink="false">http://thecoastnews.com/?p=39713#comment-7022</guid>
		<description><![CDATA[The prosecutor absolutely should have given the fingerprint to the defense to have it examined. The absence of the defendant&#039;s positive ID from an inked fingerprint on a pawn shop ticket could exclude the defendant from selling something stolen. (If I&#039;m reading between the lines of this story properly). I just wonder why the author didn&#039;t disclose that the fingerprint in question came from a pawn shop reciept - as was reported in the Union Tribune. God forbid I take the side of a criminal, but when potentially exculpatory evidence is hidden from the defense, that for sure is criminal activity, geared only toward winning a case. And it&#039;s not that rare in San Diego either. ]]></description>
		<content:encoded><![CDATA[<p>The prosecutor absolutely should have given the fingerprint to the defense to have it examined. The absence of the defendant&#8217;s positive ID from an inked fingerprint on a pawn shop ticket could exclude the defendant from selling something stolen. (If I&#8217;m reading between the lines of this story properly). I just wonder why the author didn&#8217;t disclose that the fingerprint in question came from a pawn shop reciept &#8211; as was reported in the Union Tribune. God forbid I take the side of a criminal, but when potentially exculpatory evidence is hidden from the defense, that for sure is criminal activity, geared only toward winning a case. And it&#8217;s not that rare in San Diego either. </p>
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