Saturday, February 12, 2011

Exculpatory evidence? Non-Evidence?

In a motion that is sure to fail, the public defender is seeking dismissal of the murder indictment against security guard, Packer, in the murder of Brock and Davina Husted of the Farina Beach gated community near Santa Barbara.

I have every confidence in this being a spur-of-the-moment burglary committed by Packer while he was alone and unaided. However, an unknown fingerprint was found on the helmet visor left at the scene of the crime.

I do not consider this to be exculpatory evidence since it could easily be some salesman's fingerprint from years before. It does not even suggest the presence of an accomplice in the burglary or murders.

However, I would not consider it to be "Non-Evidence" as the prosecutor alleges. I'm sure the house has fingerprints in it that are not identified. I do think it should have been disclosed and disclosed far more promptly.

NOTE: As expected, security guard Packer will go to trial on April Fool's Day.

Packer's attorney requested the charges be dropped, alleging prosecutorial misconduct in withholding a crime scene fingerprint was lifted from a motorcycle helmet. The print did not match Packer or the victims.

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