Last year DNA evidence that implicated another individual led to a court granting DeJac’s motion for a new trial and her release. State prosecutors in Buffalo New York, announced their intention to retry DeJac (Citing to the prosecutor’s code of evidence, section 11(b): “DNA evidence is only for the prosecution. When it exonerates a defendant, there must be another explanation for this ‘junk science’.)
However, the twist came when Dr. Michael Baden, former Chief ME for New York City reexamined the autopsy and found that no one killed the young girl: she died from a drug overdose. The prosecution’s original theory of the case was that despite the lack of physical evidence on the body, the girl was strangled.
What caught our eye (as DNA exonerations of convicted defendants are becoming so common place) was this quote from Dr. Baden:
As Dr. Baden put it: “The apology should really come from forensic science. Medical examiners also make mistakes. It should be a wake-up call for defense attorneys to have their own experts examine the evidence.”
Perhaps our robed readers might remember that quote the next time a defense attorney is in court seeking funds for an expert to review the findings of an ME in Miami.
All that glitters is not gold- and all that our ME’s say happened, might just not be so.
The NY Times article is HERE
See you in Court, where we rarely trust anything an expert opines on.