Just another day in court....

[JimHow]

First I got acquittals on all six counts in a felony rape/sex trafficking trial involving a black man raping a white prostitute, then I got appointed to represent a guy arrested on a notorious 25 year old rape/murder cold case out of the University of Alaska. I'm having too much fun to retire!

https://www.sunjournal.com/2019/02/19/a ... 28eKoCmJHw

https://www.sunjournal.com/2019/02/19/a ... to-alaska/

Makes me want to start drinking wine again!

[Chateau Vin]

I saw the case headlines, Jim. I thought it was Auburn down south....

[DavidG]

Glad you’re feeling well enough to be back at it, Jim.

[marcs]

Wow Jim — you are going to have to become a serious expert on the technicalities of DNA evidence for that cold case!

[JimHow]

Well, right now I'm just representing him in Maine.
It's possible I could go to Alaska but too early in the process.
It is indeed a fascinating DNA case.

[JimHow]

This Alaska/Maine case is one of the most fascinating of my career:

https://abcnews.go.com/US/young-women-m ... d_card_hed

[DavidG]

So what are the issues here Jim?

Do the authorities have Downs' DNA?
If not, how strong is the science and how settled the law on familial DNA?
Do commercial DNA testing protocols meet the standards required by the courts?
How do you know there’s not another unidentified family member?

If they do have his DNA, how did they get it?
Did he volunteer it?
Did they obtain it surreptitiously?
Was there a warrant for it, based on family member's DNA?
Is there precedent for that?
Do commercial DNA testing protocols meet the standards required by the courts?
Is family member DNA alone sufficient to compel a suspect to submit to DNA testing?
Is family member DNA considered evidence?
Does a suspect or accused have any protection from evidence from family members?

I would guess if they have his DNA and it matches that from the crime scene, and if it’s admissible, the science is strong enough to be damning. Then I suppose you have to look for more innocent reasons his DNA was there and explain why the real kller's was not.

[Jay Winton]

Jim, I suggest you hire David as your detective.

[JimHow]

All great questions indeed.
They have his DNA pursuant to a search warrant.
I wish I could find the Alaska prosecutor's public affidavit online, the process involved is absolutely fascinating.
I've done plenty of cases over the years involving DNA but this is a whole new way of doing business, so it'll likely involve some groundbreaking legal issues.
I would think they need something more than a spec of DNA from 26 years ago to prove their case beyond a reasonable doubt.
I wish he would hire me to represent him in Alaska, although he'll most likely have an Alaska defense lawyer.

My associate Richard Charest represented him at his first hearing:

https://www.youtube.com/watch?v=C70DOnHsWgQ&t=10s

[JimHow]

The nine pafe information/affidavit out of Alaska is in a link in this story:

https://www.sunjournal.com/2019/02/16/c ... el=related

https://www.sunjournal.com/2019/02/26/a ... volvement/

[DavidG]

Jim, I suggest you hire David as your detective.

Everything I know I learned from the Law and Order reruns on the tube.

[Chateau Vin]

Everything I know I learned from the Law and Order reruns on the tube.

Or maybe, you stayed at a Holiday Inn??