On Jun 23, 2009, at 1:53 PM, Stephen Russell wrote:

> This could tie up every lab in USA, CA, GB, just to go through all  
> of our
> old cases let alone all the current testing we need today becasue we  
> are all
> as good as CSI on a local level.  ;0

        Ah, yes. Wouldn't it be wonderful if someone in your family was  
falsely imprisoned! I'm sure that you would rest comfortably, knowing  
that their unjust loss of freedom is making the life of lab owners  
that much more manageable.

> Evidence collected from the 80s and the 90s in not only fragile, it  
> may also
> be in short supply.  So if there was enough for only 1 test, would  
> it be
> fair in today's  court system to not let the other side have a crack  
> with
> their team doing the test.

        First off, you're making up a condition that doesn't exist. Second,  
even if only one test could be done, he is willing to let the state  
perform the test on his dime. So there is no conflict here.

> No, he was going to do the test on his nickle to see if he had the  
> change to
> clear his name.  At that time he would mount a new motion.

        Of course there would be a new motion if the test showed that the  
conviction was wrong. There is no other process available for freeing  
an unjustly convicted citizen.

> I heard a long story on this subject either in the car driving or at  
> home
> via TV.

        And that means what?

        Slippery Slope arguments are pretty weak when you have a specific  
case in front of you. The comment above about imagining that it were  
one of your own loved ones instead of an anonymous nobody isn't just  
meant to be snarky; instead, such humanizing exercises are a great  
example of just how lame such abstract arguments are.


-- Ed Leafe




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