Friday, April 16, 2010

My Mother Taught Me Not To Do That

Yesterday we had oral argument in federal district court in Darryl Durr's DNA case.

Actually, the DNA isn't the issue in federal court any more than it is for Hank Skinner right now at SCOTUS. The issue is whether Ohio law should provide review of the truly sloppy and ill-considered opinion denying Durr the right to DNA testing of the necklace when it provides that review for prisoners in his position who aren't on death row.

I laid it all out, explained it carefully to the judge. Then it was the turn of the lawyer from the Attorney General's office.

I'm going to refrain from talking about the substance of what he said. I want to talk about his manner.

For nearly the entire time he spoke, he shook his finger at the judge.

As if berating the judge.

Which seems like really bad form.

We're still waiting for a ruling from the judge.

The necklace still might reveal something.

Darryl Durr still sits on death row.

Ohio still plans to kill him on Tuesday.

1 comment:

  1. I'm curious if the issue was ever raised as to the time of the crime (late 80s, right?) vs. the enacting of the DNA preservation statutes (I'm guessing this happened in the late 90s early 2000s)?

    I know of a case in Michigan where a guy got convicted with no evidence linking him to a crime (life in prison). There were no eyewitnesses, and the entire case depended on the partner in crime who testified against him. "He said, He said." The necklace in that case might of had DNA of the person who tried to steal it off of the victim, but they never tested it. AFAIK, the necklace still sits in an evidence locker. It was a golden Mickey Mouse Medallion with diamonds encrusting the rim of the necklace, valued at around $10,000.