Stickin Around
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APPEAL FROM THE CIRCUIT COURT OF CRAIGHEAD COUNTY
ARKANSAS CRIMINAL DIVISION
Clarifying Mr. Ford's memory loss of which stick.
Fogelman: It was one of the bigger ones that was jabbed in the water.
The Court: I think that it was found at the crime scene and that you make reasonable inferences that they could have been the weapons that inflicted the injuries and that to me is relevant, and I am going to overrule your motion.
Davis: I think that also the, one of the fellows from the Crime Lab, I can't remember if it's Turbyfill. Turbyfill testified in trying to test one of those sticks for prints that although he was unable to find latent prints, he did find positive reaction for a substance, chemical, some sort of enzyme from the hands. And even though he couldn't find prints, there was a positive reaction for that chemical which indicated that it had been held in someone's hands which would be consistent.
Court: Those are items seized at the crime scene and any reasonable argument that can be made to their presence there is permissible and relevant. What makes it relevant is the Medical Examiner saying that the injuries could have been inflicted by a tool of that type and that makes it a relevant, permissible argument.
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APPEAL FROM THE CIRCUIT COURT OF CRAIGHEAD COUNTY
ARKANSAS CRIMINAL DIVISION
Clarifying Mr. Ford's memory loss of which stick.
Fogelman: It was one of the bigger ones that was jabbed in the water.
The Court: I think that it was found at the crime scene and that you make reasonable inferences that they could have been the weapons that inflicted the injuries and that to me is relevant, and I am going to overrule your motion.
Davis: I think that also the, one of the fellows from the Crime Lab, I can't remember if it's Turbyfill. Turbyfill testified in trying to test one of those sticks for prints that although he was unable to find latent prints, he did find positive reaction for a substance, chemical, some sort of enzyme from the hands. And even though he couldn't find prints, there was a positive reaction for that chemical which indicated that it had been held in someone's hands which would be consistent.
Court: Those are items seized at the crime scene and any reasonable argument that can be made to their presence there is permissible and relevant. What makes it relevant is the Medical Examiner saying that the injuries could have been inflicted by a tool of that type and that makes it a relevant, permissible argument.
