Legal Question in Criminal Law in Ohio

surpress state evidence

the case is hand is a rape case where the prosecution presented a womans medical records to show that a woman was rape and giving a ABO test whiched showed that the womans e

assailant had a A+ blood type, but the acutally accuser of this crime blood time is B-, the accuser defense team was not given, this evidence to so he could be exorated for from this crime base upon the blood type. Now since the accuser is paroled and fighting the charges of illigal imprisionment. the state has claimed that the evidence the womans underware has been destroyed. Question: can the accuser use the the state testmony of a ABO test or the

womans medical records that state used to show her attackers blood type. since the phyical evidence was destroyed


Asked on 2/22/05, 1:40 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: surpress state evidence

More likely than not, the answer to your question is yes. When the state offered evidence to show that the attacker was of a certain blood type, that evidence became part of the record in the defendant's trial. He should be able to get that evidence from the trial and use it in his defense. There may be some practical problems if the original source of the sample has been destroyed, but the testimony from the trial of the criminal case should be valid evidence.

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Answered on 2/22/05, 4:30 pm


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