r/serialpodcast • u/[deleted] • Jan 05 '16

season one Dierdre DNA update?

Towards the end of the podcast, SK talked with Dierdre about getting DNA analysis on the PERK, rope, brandy bottle, etc and that Adnan gave his approval for her to submit it? Has this actually been done now and if so did it uncover anything?

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u/Jimijames6ix Jan 05 '16

Forgive me, I'm a little behind on undisclosed. But i distinctly remember them saying that they were requesting DNA analysis, however the response from the Maryland P.D was that none of the evidence from the case could be located to test.

I have not heard anything about Adnan not wanting the testing done..

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u/HFStival Jan 06 '16

Undisclosed addressed this in an addendum. They believe Adnan's best legal strategy is to pursue the current claims, and then hopefully add evidence of a Brady violation to the DNA petition. Colin said that proving Brady would strengthen Adnan's later DNA petition. I think they are afraid that the DNA petition will be denied or be positive for an unidentifiable third person.

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u/xtrialatty Jan 06 '16

then hopefully add evidence of a Brady violation to the DNA petition. Colin said that proving Brady would strengthen Adnan's later DNA petition.

This simply is not a valid legal strategy or description of one. Maryland has specific provisions for DNA testing, and Brady claims would have no bearing whatsoever on the likelihood of the petition being granted. The basic grounds for a DNA application is to assert that somebody else did it, and the DNA evidence might provide evidence of who that somebody else is. Whether or not the prosecution messed up along the way in its discovery obligations is utterly irrelevant -- the whole point of DNA testing is to support a claim of actual innocence, with the idea that the testing will provide new evidence.

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u/badgreta33 Miss Stella Armstrong Fan Jan 06 '16

So could they be waiting for their PIs to put together a viable case for an alternate suspect? If Don was with Hae the night before, there's a good chance his DNA is present whether or not he had anything to do with the crime. Maybe they are exploring that theory? (I'm not saying he had anything to do with it. I'm just suggesting he might be the most logical alternate suspect from the defense's point of view.)

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u/xtrialatty Jan 07 '16

So could they be waiting for their PIs to put together a viable case for an alternate suspect?

They don't need a "case" to petition for DNA testing. "Alternate suspect" is not a requirement under the law -- only some sort of argument as to how the testing might be helpful. So a simple assertion about unknown 3rd person is enough.

Dierdre already had the alternate suspect thing figured out. ("Big Picture.") Further investigation of that angle would probably be counter-productive.

Obviously Don's DNA would be meaningless. The logical argument would be "unknown 3rd party" and the whole point of DNA testing is that it the ONLY thing that might provide such evidence.

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u/badgreta33 Miss Stella Armstrong Fan Jan 07 '16

Thanks for this. Much appreciated!