Riportiamo una sintesi riguardante gli ultimi
sviluppi della vicenda, secondo il racconto di un amico americano che ha
assistito all�udienza.
Judge
Donald E. Grincewicz of the Ninth Circuit Court in Orange County granted
the defense motion for release of evidence for DNA testing!!
Here
is what I wrote down from the ruling (not verbatim, but pretty close):
Regarding
the defense motion for release of evidence for testing, the Court heard
everything by both the defense and the state and asked numerous questions
and looked at the case law. This is my finding: In considering relief
requested, particularly with the penalties such as they are, death, the
question is what prejudice or injury would the state suffer? Their
response is that it would take more time. In fact, the motion is being
brought to prevent more delays......so the effort by the state is greatly
outweighed by the benefit that would be gained by testing. There is an
absence of any legitimate reason to deny access. I'm aware of the
procedural bars in 3.850, those bars are not applicable........the
defendant is facing the death penalty.......the court finds in favor of
Mr. Zeigler and grants the motion of release of certain items of evidence
for testing.
Items
are: Tommy Zeigler's shirt (16-1); Charlie Mays' shoes (78); CM trousers
(81); blood sample of Perry Edwards (49); blood sample of Virginia Edwards
(51); blood sample of Eunice Zeigler (52); blood sample of Charlie Mays
(56); blood sample of TZ (48); blood sample of Felton Thomas (4)
The
court will photograph the evidence prior to its release.
After
some discussion the defense and state agreed to send the evidence to a lab
(Labcorp) in North Carolina.
John
Pope was really magnificent in representing Tommy.
Jeff
Ashton made a "special guest appearance" to bolster the state's
argument (which was presented by Chris Lerner) and spoke three times...but
to no avail.
There
was a good media presence. WFLA, WESH, WFTV, The Florida Catholic
Magazine, the Orlando Sentinel[Dale S Recinella] . Keith Cate (WFLA) [Dale
S Recinella] is running a piece on the case on tonight's 11 p.m. news for
those of you in Florida.
(Dale S. Recinella /G.
Lodoli)
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