Pretty good day for the defense in Yogurt Shop hearing--Part 1

Okay, this is a little rushed and rough, but here's some of what happened at today's hearing.

After testimony from Darla Davis (one of the prosecutors from the first round of trials) for the State & Dr. Laura Gahn (new defense DNA expert) for the defense and lots of arguments from lawyers on both sides and questions from the judge, Judge Lynch said he WILL sign an order allowing the defense's requested DNA testing of the three items in the middle of page 2 of the order (see pdfs of order on previous post): the multi-colored Elizabeth Jordan size 14 shirt, six ligatures from all four girls, and a pink, mock-turtleneck shirt.

Further, the defense can test whatever part of each piece of those items they wish, not just the cuttings made and tested in 2001 by the State, although they'll probably get access to those cuttings, too. Judge Lynch cautioned both sides that just because he's allowing the testing does NOT mean he'll necessarily rule the test results admissible at trial time and that all test results will be shared.

When Dr. Gahn took the stand, she said she'd reviewed the DNA reports turned over by the State and has come to the conclusion that the POTENTIAL for additional DNA evidence to be obtained exists for all three sets of items requested. She added that her lab has a test now (P30 test)that can confirm the presence of semen. The State's experts had found a presumptive positive test for semen on the pink shirt, but now DNA technology has a confirmatory test.

The next pretrial hearing is set for May 14th and the previously expected trial start date of May 19th is no longer. No new start date was mentioned.