Quote:
Originally Posted by revots33
Yet the defense was unable to prove any of it was planted. Their best hope was the test on the blood. When that didn't pan out the way they hoped, they attacked the test itself.
In reality, what it seems the defense were hoping for was to present the vial with the hole in it and
not test the blood.
According to the State's motions, the defense knew about the vial since July 2006 at the latest.
The defense had their "red letter day" vial discovery on December 14th, 2006, the day before the December 15th deadline for general discovery of evidence.
With only a couple months until the trial started in February 12th, 2007, the prosecution filed a motion to either exclude the vial as evidence or delay the start of the trial so they could test it and prove there was no EDTA. The defense fought this motion, and the judge sided with the defense.
However, the FBI Chemistry Unit made the test a high priority and finished it in time for the trial. The results were not good for Steven.
Only then did the defense want to do their own test, and asked the judge for a mistrial or to delay the trial. This time, the judge sided with the prosecution, and here's an excerpt of his explanation:
Quote:
“The Court also concludes that if the defendant had felt the testing of the blood was important, the defendant had adequate opportunity in which to arrange for such testing. The defendant could have sought release of the blood vial much earlier and requested permission to test it himself under Section 971.23 (5).
In the alternative, if the defendant did not want to risk spending resources on a test which could possibly produce inconclusive or unfavorable results, the defendant could have disclosed the existence of the blood evidence earlier, asked the Court to set a deadline for the State to conduct any testing that it wished to conduct and still allow the defense adequate time to make its own decision as to whether or not it wanted to independently test the blood vial, all of which could accomplish — been accomplished well before the start of trial in this case.
The Court believes the defense decision not to pursue identification of the blood vial until very close to the discovery deadline was a decision that the defense was entitled to make.
[...]
Finally, by waiting until shortly before the time it was permitted to do so, the defense may have left the State with less time to prepare to meet the evidence and, specifically, with not enough time in which to conduct the State’s own tests. It certainly appeared, based on the original State request to adjourn the trial, that that may well have been the case here."
His full explanation is much more in-depth and really well-put IMO.
Basically IMO, the defense's strategy was to sneak the vial into the trial without allowing it time to be tested.
You can read a more detailed summary of the issue at
http://stevenaverycase.com/avery-blood-edta-test-rushed
Last edited by PoorSkillz; 02-26-2016 at 02:00 AM.