Post by Deleted on Jun 15, 2015 7:14:54 GMT
If all these can be answered that would be great.. thank you
1) If this person is ever a suspect do they have to follow him around and get DNA?
2) California law states, I believe that aggravated rape a prosecutor can still file charges at any time regardless of the statute of limitation. If Sacramento has any evidence can they still do that to obtain DNA?
3) Can the prosecutor go to a grand jury and get an indictment even though the circumstantial evidence is weak and not enough to make an arrest, does a grand jury indictment supersede probable cause?
4) Did one or all Santa Barbara, Ventura, Irvine counties file a DNA “John Doe” Warrant?
1) If they don't have probable cause to arrest him, he can legally refuse to have his DNA taken. In that case, they do have to follow him around. They sometimes (often from what I've been told and I know for sure on some of them) get DNA via trash. Like Shelby mentioned in the podcast, when they do that they can't be sure they're getting the right person's DNA sample.
2) Needs to be checked. It seems that there may be a loophole where they could file but the law at the time the rapes happened may have prevented that loophole.
3) I'm not positive about the provisions in CA law, but I feel reasonably sure they can go to a grand jury and prosecute based on an indictment from them.
4) As far as I know, none of them did.