For anyone still interested in the case take a look at this blog which followed the trials and appeals from 2005 to 2012.
www.convolutedbrian.com
He talks about a lot of things not mentioned in the case.
For me the biggest thing I've found out after reading some of the transcripts is the nature of the EDTA test performed by the FBI. The blood inside the car is the biggest piece of physical evidence that ties Steven to the car. The key is highly questionable due to ONLY his DNA being present, the bullet DNA is questionable as a result of the control samples being contaminated without mentioning the Sherry Culhane was also partly responsible for providing testimony that put Avery in jail the first time. But the blood is the key stone of the whole argument, sure they could have planted the key and the bullet fragment but they argue the lack of EDTA in the blood stains inside the car are proof that Avery was inside the car.
Here are a few things I've learned.
- EDTA is a chemical which forces metals to bind so that they cannot be absorbed into the red blood cells and thereby prevents the blood inside the preservation tube from coagulating.
- The test for determining EDTA in blood stains was developed by the FBI lab in response to a prosecution request
- An EDTA test on a blood sample had only ever been used in a trial once before, the OJ Simpson case
- IN the OJ Simpson case a blood sample taken from a sock was shown to test positive for EDTA
- This was a pretty big factor in casting doubt upon the prosecutions case and arguably contributed to his acquittal, and made both the FBI and the Prosecution look bad.
- In studies performed by FBI researchers that looked at the EDTA test results in the OJ case it was argued that the instrument used to test for EDTA was somewhat responsible for the Sock sample showing a positive result because there was metal tubing used inside the machine which could have had traces of EDTA remaining from a positive control test.
- The FBI essentially questioned the validity of the test that they themselves designed.
Skip forward to the Avery case
- Because of questions surrounding the validity of the old protocol methods for testing EDTA in a blood stain the FBI told the prosecution that they would have to design and test a brand new protocol and procedure for testing EDTA.
- They gave an estimate of about 3-4 months in December
- The FBI was asked to expedite the request for testing by the local Green Bay field office for the FBI in January
- The FBI designed and tested a brand new testing procedure for the samples in the Avery case. The main sources used to create the testing procedure where the studies identified above which analysed the results of OJ Simpson EDTA testing methods. Which were proven to be unreliable...
- The test was designed and verified within two weeks, and then performed on the actual evidence in the two weeks following.
- The new test also showed some issues, while the FBI analyst testified that they were able to detect EDTA in a positive sample of a 1 ml size, his report also showed that the test failed to identify a 2ml sample correctly as positive for EDTA.
TL;DR
The EDTA testing was based upon unreliable testing methods used in the OJ simpson case, was only the second time a test of it's sort had ever been performed, and presented inconsistent results at detecting EDTA.