But perhaps the most serious problem with the bra clasp is that it is just one piece of evidence, as opposed to the bra itself, or Meredith’s body, neither of which had DNA on them. To posit an attack where Raffaele holds Meredith’s arms but leaves no DNA (as I have heard somewhere) is absurd. For this reason, even if the clasp had only Meredith’s and Raffaele’s DNA on it, and even if the clasp had no other DNA on it, I would look upon it quizzically, as a possible outlier. But these other problems are real as well, and they further reduce the evidentiary value of the clasp....
I have wondered the same thing, many times, but:
1) See Fiona's well-taken point above.
2) Why didn't the jury / lay judges see this as a problem? Were they fools? Did they all simply defer to authority? Were they led around by their noses by the professional judges who already had decided on the guilt of A&R? How does one explain this?
Seriously, we on the outside are dealing with only a fraction of what the jury had to consider. (I know this point has been made many times before; I don't claim it as original but I do think it's important.) It may yet be shown that the jury got it wrong, but we will have to wait for that. In the meantime, I don't find that it stretches credibility to think that they may have gotten it right.
Next, let me deal with lector’s claim (#8223) that finding the identity of the other three individuals is not the prosecution’s job, because this claim is relevant to your arguments as well. To be concerned with how Raffaele’s DNA got there and not how the other people’s DNA got there is a mistake, and not taking appropriate reference samples was bad forensic science. If RS was a suspect, then so should the other three unknown depositors have been, unless they could be ruled out. Because DNA cannot be interrogated as to how it arrived, if their DNA was deposited innocently on the clasp, there is no reason to assume that RS’s DNA also arrived innocently....
1) Re-read your last sentence in this quotation. You just said that RS's DNA indicates guilt. I don't think that's what you really meant.
2) Assuming that that I am correct in point (1), I still respectfully disagree with your view of the prosecution's role. It is not the prosecutiion's job to explain every last scintilla of evidence collected. If there is some evidence that shows that other evidence being advanced as an indicator of guilt is, in fact, not good evidence, then it's the job of the defense to hammer on that and convince the jury that the evidence is weak.
That did not happen in the original trial, as we know. If it happens on appeal, great. If the evidence is that weak, the defense should have plenty of ammunition to demolish it.