You wrote to Victor:
Originally posted by JamesDean
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Originally posted by JamesDean
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) about the DNA evidence that subsequently persuaded the appeal judges. But you cannot deny that it is not your doubts that count, and for very good reason. Even if you and Reg and ten other good men and true, all entertaining the same genuine doubts, got together and formed your own jury it would do no good because that’s not how the legal system works and thank goodness for that. Justice Gorman was presumably equating ‘doubt’ with ‘reasonable doubt’ only in the context of the people whose joint verdict is being solicited and has to be respected according to law. I’m sure he didn’t mean that whatever doubts you or I or any other Tom, Dick or Harry might have must be considered ‘reasonable’ regardless of how - and more crucially why - they may have been formed.I will only repeat what I have said before because nobody seems to want to deal with this: a) would you have had any doubts about the integrity or validity of the DNA evidence if it had turned up a second male profile that wasn’t JH’s, in addition to the matches for MG and VS? b) have you ever expressed a single reservation where DNA evidence has been used to overturn a conviction and release someone back into society?
In short, do you have doubts about all DNA evidence across the board (in which case you would have to reject or question every verdict that has been based on it) or only about the specifics in certain cases including this one? If it’s the latter, how have you been distinguishing doubtful DNA evidence from reliable? Are your doubts quite separate and independent from those you already had about the non-forensic evidence, or simply an extension of them?
Do you see what I’m getting at?
The problem for you and Reg is that with or without the DNA evidence, you still don’t have any evidence that someone else committed this crime or even could have committed it. Doubt it as much as you like, but the DNA evidence cannot be made to point in any direction but the one you didn’t expect.
Originally posted by reg1965
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You’re at it again! It’s highly misleading because I don’t think anyone has disputed the fact that miscarriages of justice can and do happen, and for all sorts of reasons. So why bring up one case of 'possible' miscarriage that has bugger all to do with DNA testing techniques, but is wholly concerned with whether the semen confirmed by DNA analysis to be Taft’s (beyond reasonable doubt because Taft himself admitted to leaving some!) could have been deposited innocently or only within the context of the murder? It's simply not relevant to this discussion.
Love,
Caz
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