Defendants Looking for Aid and Comfort(er)
In the weeks leading up to the September 11 status hearing the defense renewed their call for the prosecution to turn over evidence, particularly items related to a bed. “A” bed, as in which bed?
An educated guess would be the one Robert was found on the evening of August 2, 2006, but there is serious question about the other bed on the Swann Street second floor – the one Dylan Ward occupied.
Much of this was spelled out in the defense team’s Motion For Discovery, Inspection and Testing, filed on September 4th.
They didn’t waste a moment getting to what they thought would be important to their case: specifically those items found on the guest bed.
Items included, but were not limited to, a fitted bed sheet, pillowcases, a comforter, and a mattress pad.
The defense got a tad snippy when they pointed out the prosecution’s lack of schooling in the gentle art of domesticity by noting the difference between a mattress pad and a comforter. Obviously, someone in the MPD or USAO missed both Martha Stewart’s show on how to make a bed and a class on the proper tagging and cataloging of evidence.
It seems that the defense is focusing their fishing expedition on the bed and related items because this is their best hope of finding foreign DNA, which would help support the “intruder” theory.
When it came to outstanding requests, the defense called out the prosecution’s slow walking turning over FBI case files.
They claimed the September 11 hearing date was set to allow them to have enough time to have their own experts test the evidence since they received it from the Government only one week prior to the hearing.
Also requested were expert witness disclosures and the redacted documents, which the Judge Weisberg granted in camera review the following week.
After the September 11th hearing, supplemental memoranda were released in support of pending discovery motions on September 14th.
Again, the defense badgers the prosecution for not turning over key evidence including these bed linens, the knife, the fibers recovered from the knife, storage bags used by the EMTs, and materials used to transport Robert’s remains – the body bags.
It would be a miracle if any of these items have not been lost or spoiled by improper or haphazard storage that the MPD is famous for.
And so the defense is looking for anything under the sun, and bed, for the most miniscule or microscopic piece of evidence, but what they seem to have lost sight of is what was actually missing from the mattress itself, what no one found any trace of — Robert Wone’s blood.
The defense team has made their bed, and now they have to sleep in it.
-posted by David and Doug