Post by scotkaz on Sept 4, 2007 14:30:57 GMT -5
The State's closing argument at the trial made clear that forensic evidence played a critical role in the State's proof : BUT ONLY FOR THE STATE IT SEEMS.
to establish shoe prints on the dashboard of the Buick to demonstrate a struggle in the car. ( "Got a footprint up on the dashboard")
To establish that there was blood in the car and that a struggle occurred in the car between Mason and Robin Dennis. ("struggled in that car with her, perhaps even raped her a first time in the car."
To establish that there were shoe prints on the outside of the car door, and that an ongoing struggle had occurred in the vicinity of the car. ("Kicks the car door shut")
To establish that Mason's sperm was found inside the victim's vagina, proving that they had sexual relations. ("Bats her around, chokes her, takes her into that building and rips her clothes back off, pants down to her ankles, proceeds to rape her again, or try to".
To establish that the broken gun handle that was apparently used in the assault was similar to the handle that would have been on the gun that Chris Dennis had shown to Mason that afternoon. ("In a hurry to get out of there, can't find the broken gun handle. And heads back home. Pitches the rest of the gun aong the way."
To establish that Robin Dennis' clothes were covered with dirt and debris and that a violent struggle had occured in the vicinity of and inside the munitions shed. ("He follows behind, She is no match for him. She is a hundered and seventeen pounds: he's two hundred and fifteen pounds. He catches her, still armed with that gun"
YET PRIOR TO TRIAL, MASON'S REPEATED REQUESTS FOR INDEPENDENT INVESTAGATIVE AND EXPERT ASSISTANCE WERE UNREASONABLY DENIED AND SO HE WAS NEVER GIVEN THE CHANCE TO HAVE THE EVIDENCE LOOKED AT PROPERLY.
State courts also severely limited funding for DNA testing as requested by Mason.
SOIL AND DEBRIS EXPERT.
Contrary to the courts conclusions, an expert in soil and debris examination would have been able to compare the soil found on the clothes of the victim, the soil in and around the shed, an soil found on the shoes and clothing of Maurice Mason and/ or Chris Dennis, and express a scientific opinion on the significance of the absence of such soil or traces on Mason's clothes.
THE EXPERT COULD HAVE REFUTED THE STATE'S ARGUMENT THAT MASON AND ROBIN DENNIS HAD ENGAGED IN A VIOLENT STRUGGLE IN AND AROUND THE SHED.
The expert would have demonstrated that after such a struggle Mason would have been covered in mud, and that traces of the mud would have remained, even after washing. A soil expert also could have examined the clothing and shoes of Chris Dennis for any remaining soil or traces and compared them to samples taken from in and around the shed.
FINALLY, THE EXPERT WOULD HAVE BEEN ABLE TO EXAMINE MASON'S SHOES AND DEMONSTRATE THAT ANY REMAINING SOIL ON THEM COULD NOT HAVE COME FROM THE AREA OF THE ASSAULT, PREVENTING THE PROSECUTORS SPECULATIN DURING CLOSING ARGUMENT.
" He talked abot these shoes. He said, "Oh, look at Mr Mason's shoes. There is no mud on them" Geez sixteen months later, after its been handled numerous times, we still have dirt here in the crevices, down here where it says NIKE. You can go back and look at in in the jury room. Wasn't a magician that showed you that: it's the truth. It's just there".
SHOE PRINT EXPERT
The state introduced testimony that shoe prints found in the victims car were SIMILAR to Mason's shoes. The state argues that the prints from Mason's shoes matched the shoe prints in the car.
An independent shoe print expert could have identified the prints from Mason's shoes, compared thm to the pattern in the car ad POSITIVELY excluded those shoes as having made those prints, and/or identified the prints as coming from the shoes of Robin Dennis or Chris Dennis. Instead the jury heard only the equivocal testimony of the State's expert that thee prints were SIMILAR to the prints on Mason's shoes, and the State's speculation that Mason had left the prints on the dashboard during a struggle/rape in the car.
Due to this Mason was left with NO REBUTTAL to the State's speculation.