The great thing about DNA evidence? The government can't prove when a sample of biological material was deposited. We fought this battle this morning with the government's DNA expert in the bank robbery trial I've been posting about this week.
DNA evidence can be very damaging since it often (but not always) shows a particular person was present at a particular location, or otherwise tied to part of the crime scene. However, if prosecutors can't limit the depositing of a sample to a relevant time, then we've got a crack-in-the-armor to work with. I will have the chance to exploit this precise weakness during closing arguments.
Otherwise, the trial is going as expected. The challenge in defending is knowing when to interject my energy into the State's presentation of evidence. Often the State's case creates much "negative" vibes toward the accused. It's important for the defense lawyer to break-up this energy with attacks of his own. Wish me continued luck for the remainder of the day.
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