Legal Question in Criminal Law in Virginia

Police department refuses to release evidence
How/why can the police refuse release of still existing exculpatory evidence?

The evidence presented was that windshield washer fluid, containing methanol, was used by a woman to poison her husband.

The prosecution withheld information from the defense that the evidence was not sent out for sophisticated forensic testing. Under the antiquated, no new evidence after 21 days law in VA., an innocent woman remains incarcarcerated.
Two forensic tests will show exactly where the methanol (if any) originated. An evvironmental law requires a marker in any product with methanol.

How do the woman's suppporters from all over the country get those bottles? How can her lawyer get the bottles? The lawyer was was told by a 'detective' who testified against the woman, at trial, that the police department does not have to release the bottles. Why? The major prosecutor in the case was cited twice by a Ciruit Court for suppressing evidence.

Asked on 12/09/06, 1:04 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Police department refuses to release evidence

I suggest that you contact the program known as the "Innocence Project" to see whether they

might be able to lend a hand in this situation

with their access to many highly specialized expert witnesses in a variety of forensic areas.

You should be able to find their website online.

Answered on 12/10/06, 12:19 am

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