Only this:
Atkins's defense was mistaken eyewitness identification. He presented an alibi witness and testified on his own behalf. In addition to the eyewitness identifications, the prosecution proffered testimony from a criminalist with the State of California's Riverside Laboratory. The criminalist testified that the semen found on vaginal swabs was deposited by someone with blood type A and PGM 2+1+. This typing was consistent with both the victim and Atkins. The criminalist also testified that the semen stain recovered from the victim's sweater revealed the presence of a type A secretor and that about 25.9% of the black population have type A blood, and 80% of the population are secretors. Further, he testified that approximately 21.4% of the population (both caucasian and black) have PGM Type 2+1+. He concluded that, based on these numbers, Atkins was included in a population of approximately 4.4% of people who could have committed this rape. The prosecutor argued during summation that this evidence was "evidence [which] can't be used to say this is exactly [the defendant], but it excludes a large percentage of the people, and does not exclude him, and that's corroboration."
Here
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again, more questions - why was the alibi witness' testimony disregarded?
as for the DNA evidence - Lake Elsinore has a current population of 60,000 - the 4.4% population of people who could have matched the DNA evidence equals some 2640 people
add to that the fact that Lake Elsinore is an hour or so from LA and San Bernadino, a little more to San Diego, and is on the major corridor between San Diego and LA, and you're talking about potential matches in the range of one million
so again, I'd disregard or severely discount the witness' testimony based on the way she identified Atkins and the fact that she didn't witness the rape
I'd disregard or severely discount the DNA evidence
I'd severely question the veracity of the victim's identification of Atkins
and I'd want to know more about why the alibi witness' testimony was disregarded
at this point, I wouldn't see a reason to convict.
well, beside the fact that Atkins was a young black man :banana: