Suppressed Evidence
Dr. Joseph Guth
May 6, 1986
Excerpt of letter to Judge Calvin Spain Virginia Beach, Virginia
"I was assured (by the police) that I was in receipt of all of the
physical evidence of the case...If this additional evidence contained
facts substantiating Mr. O'Dell's position, it will never be brought
to light by the Commonwealth attorney. It must be made available to
Mr. O'Dell s forensic science expert to analyze or re analyze it so
that all relevant facts are available to the Court.. .I was informed
that soil and plant samples were taken from the crime scene. I was
also informed that impression castings of footprints and tire tread
tracks, along with exemplars were obtained by investigators. Soil and
debris particulates along with these impressions could either put Mr.
O'Dell at the scene of the crime or vindicate him! The state crime lab
has not mentioned this evidence in any of their reports and did not
even proffer its existence... the lack of Mr. Test's candor and
cooperation in the matter of my physical evidence review is tantamount
to the concealment of evidence...I am requesting total acc ess to it
so that it can be independently evaluated in an unbiased manner...
something which it apparently has not been subjected to up to now...In
this case I believe the sin of omission is just as serious as the sin
of commission since it can lead to a m iscarriage of justice. The
Commonwealth has definitely morally and ethically committed the
former."
--- FMail/386 1.0g
(1:2629/124)
---------------