Since it's clear Alex...

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[112885]

112885 Posts in 8614 Topics by 4618 Members
Latest Member: garrymoore

[chitown_alex]

LCN,

Ok, you said that defendant DNA was found on the Moore penis, but the report says that there is a mixture.  This appears to mean that there is a mixture of DNA that could either be that of the defendants or not.  In other words, there is doubt.

I'll admit, I don't know anything about DNA, or science for that matter.  But do any of the DNA samples match with complete certainty those of the defendants?

[Farm]

"The fundamental miscarriage of justice exception is a narrow exception that requires the habeas corpus petitioner to show that a constitutional violation has probably resulted in the conviction of one who is actually innocent. In order to make this showing, the petitioner must establish that it is more likely than not that no reasonable juror would have convicted him in light of new evidence."  United States ex rel. Willhite v. Walls, 264 F. Supp. 2d 663 (N.D. Ill. 2003)

Yes, Alex... NEW evidence.

Is it sinking in yet?

This is the "gateway" stage, where procedurally-barred state claims can be heard in federal court if a miscarriage of justice would result, where it appears that the defendant is actually innocent. Justice Kennedy in House said that where a Schlup gateway showing raises doubts about the defendant's guilt, the review of Constitutional claims is appropriate.

Did you even read your own post?

The gateway has to be met BEFORE the court will consider barred claims.

Met with NEW evidence.

You are saying the same stupid shit Riordan is - that the barred claims can be used to meet a gateway that would allow the barred claims to be considered.

That's just idiotic.

[LaCosaNostra44]

LCN,

Ok, you said that defendant DNA was found on the Moore penis, but the report says that there is a mixture.  This appears to mean that there is a mixture of DNA that could either be that of the defendants or not.  In other words, there is doubt.

I'll admit, I don't know anything about DNA, or science for that matter.  But do any of the DNA samples match with complete certainty those of the defendants?

A mixture means more than two alleles were present at that locus.

The nuclar DNA matches no one exactly except for the victims.  There was very little usuable results from the nuclear DNA. Does that mean no one commited the crime? Do you see how lack of DNA is not exculpatory? Someone killed these children. The Defense chose not to test  enough of it to pesent a plausible alternatve suspect. They failed to eliminate their clients.

The mtDNA is similar to the victims, Terry, Jacoby or any of their maternal relative or siblings...which is not enough to say someone else did it...because based on that then Ryan or Melissa or Pam  could have provided the mtDNA as well.


The convicted are not excluded since there are similar alleles present. The Defense is choosing to focus on the foreign allele on Steve's penile swab only....yet they are ignoring the alleles that match their clients.