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Prosecutors Seeking to Discover DNA Evidence In Debra Milke Case Implicating Mom

Friday, August 2, 2013 13:57

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Phoenix, AZ—Veteran Maricopa County prosecutor Vince Imbordino announced plans to test evidence items like the two .22 revolvers surrendered by confessed killer Roger Scott along with clothing worn by Christopher Milke. They want to determine if Debra Milke’sDNA may be on any of that recovered evidence.

This proclamation made my jaw drop in a moment of wonderment. It’s now nearly 24 years later. When this murder happened DNA evidence gathering and analysis was in its infancy. The evidence was removed from their sealed containers and handled by scores of investigators, lawyers and even some news reporters without even using rubber gloves.

DNA material would normally be lifted by handling from one item onto another as a matter or routine. For example, picking up a purse in the evidence containers belonging to Milke and than handling a gun would contaminate the gun with her DNA. Using the same hands holding a gun then picking up another item such as pair of shoes would contaminate the shoes.

Even the crime laboratories in those days were not thinking about preservation of DNA except in cases where bodily fluids were involved like blood, saliva and semen. Cops and the evidence laboratory examiners were not thinking about touch transfer of DNA material like they do today.

The Milke evidence was handled by four sets of criminalists. The crime lab had the first spin and then the criminalists hired by the defense teams of each defendant. Arguably they sealed each and every item in bags between examinations and before the court trials.

At each trial the bags were unsealed and the property was removed and displayed to the juries in court. The material was handled by both prosecutors and defense lawyers in open court as is the custom at the conclusion of each trial the evidence is brought into the jury room where jurors handle the material far from the watchful eyes of cops, lawyers, or crime lab people. The jurors get no special instruction on evidence handling or contamination.

The collected evidence was exposed to some 36 jurors that may have handled or contaminated the evidence. We can only guess how they handled the evidence in the sanctity of the three separate jury rooms, months apart. After the last trial the evidence packages remained unsealed until today.

Over the past 23 years I was called to work on various Milke news stories for TV news organizations and documentary filmmakers inside the United States, Germany and Switzerland. At each assignment I would go to the Court Clerk’s office to photograph and record video of the evidence items. That included clothing, documents, personal items and two small .22 revolvers.

For the first 15 or so years I’d go to the Old Durango Court Clerk’s Office and make the request for viewing the evidence. I was put in a closed room with boxes containing the property and they’d close the door and leave me alone with everything. I picked up each piece of property with my bare hands, examine it and then move on to the next item repeating the process until I handled everything.

Because the clerk kept the guns separately, they were always brought out to me last after I had handled every thing else. Arguably the last item handled would get the most contamination of all.

In more recent times the property was move to the basement of the Central Court Building downtown and the procedures changed. The last time I repeated the process it was under the direct and watchful supervision by court clerks. They provided me with runner gloves. Still I was allowed to pick up and handle every item and since I did not change the gloves again existing DNA material was most assuredly transferred from one item to another.

I have no idea how many members of the public or media types examined this evidence in the intervening nearly quarter of a century but I don’t see how DNA testing today would have any integrity or meaning whatsoever.

Prosecutors are grasping at straws in order to murder Debra Milke under color of law.

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Source: http://www.crimefilenews.com/2013/08/prosecutors-seeking-to-discover-dna.html

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