:29:04
All rise.
:29:06
The Honourable
Judge Arthur Younger presiding.
:29:10
- Morning.
- Morning, Your Honour.
:29:12
Please sit.
:29:13
I'd like to request that my cliens
handcuffs be removed.
:29:17
- That would be fine.
- Thank you, Your Honour.
:29:23
All right, Counsel,
proceed with your motion.
:29:27
The prosecution collected sperm
samples from the victim for DNA tests.
:29:32
There is no problem
with this procedure,
:29:35
if the defence is allowed
to perform their own tests.
:29:39
The prosecution agreed
to supply the defence
:29:42
with at least 25% of the evidence
for counter-examination.
:29:46
We never received it.
:29:48
We never promised
a percentage of the evidence.
:29:52
Ms Juke was asked to participate in
an examination at the time, but declined.
:29:58
I have a letter from the DA's office,
promising the defence 25%...
:30:02
Quit looking at him so much.
:30:05
- I'd like to present it to the court.
- Objection. I know of no such letter.
:30:10
It was prepared by Mr Randall.
:30:13
May I see the document,
Your Honour?
:30:17
What?
:30:19
Wait a second.
:30:21
Mr Bolinger,
where's the rest of that sample?
:30:25
By the time we got a clean sample,
the 25% had already been utilised.
:30:30
But we gave her
the chance to be present...
:30:33
I request that the evidence
in this case be found inadmissible,
:30:37
since the prosecution failed to supply
the evidence promised us in writing.
:30:43
- Your Honour...
- This is an unfair attack on my client,
:30:47
and a breach of the promise
to release evidence.
:30:50
The evidence conclusively
identifies that man as the killer.
:30:54
All right.
:30:56
Counsel, can I talk to you,
off the record?