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Old December 28, 2011, 06:29 PM   #52
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
Posted by Panfisher: I am not nor have I every been a lawyer but if the prosecution opened up the issue of reloads vs. factory loads would not the defense have the right to pursue that line also.
Not to appear curt, but you would benefit from reading the thread, or at least posts 31, 35, 39, and 40.

The issue is one of whether the defense would need to introduce certain scientific forensic trace evidence; the rules of evidence would prevent them from doing so unless factory ammunition had been used.

Should that evidence not be important to the defense, there would not be a problem.

When might GSR test data be important to the defense?
  1. When the evidence and testimony about what happened in a shooting incident are sparse and/or contradictory;
  2. when the approximate distance of the shooting is in question, and proof of same is important to either imprtant facts of the case or to the credibility of the defendant;
  3. when the actual distance was such that evidence regarding gunshot residue would have been pertinent; and
  4. when GSR test results of the exemplar rounds would either counter a prosecution argument or support the credibility of the defendant.

One can make his or her own assessment of the likelihood that all of those things would occur, but it should be crystal clear to everyone that should they occur, the potential consequences of not being able to prevent the evidence to a jury would be very severe indeed.
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