Wednesday, September 17, 2008

Yogurt Shop murders: January trial start date?

State District Judge Mike Lynch said that the retrials of Michael Scott and Robert Springsteen may be tried “back to back…after the first of the year or so” at today’s joint pretrial hearing. Michael Scott’s retrial will be the first of the two.

The other particularly notable news today came from outside the courtroom. Defense attorney Carlos Garcia told reporters that the DNA of 59 people (plus the four original defendants) has been tested. None of those 63 DNA profiles matches the unknown male DNA recently discovered from retesting of two Amy Ayers’ vaginal swabs. Because of the protective order, Garcia couldn’t give any specifics on exactly who these results exclude, except for Scott, Springsteen, and the other two original defendants, Forrest Welborn and Maurice Pierce.

Although it was barely alluded to, the defense has filed a contempt motion against the state, contending that the state has known since July that none of Fairfax lab’s male employees’ DNA profiles matches the unknown male DNA. The defense contends their team was just recently given this information, even though Lynch has ordered the state to turn over DNA testing results as soon as they are received.

More from today’s hearing later this evening.

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