In a murder prosecution, a denial of defendant's motion for DNA testing brought pursuant to the Innocence Protection Act is affirmed where the presence of another prisoner's DNA on the murder weapon or other items would not undermine the strength of the government's case in any meaningful way. Moreover, an appeal from a denial of defendant's motion to preserve trial evidence is dismissed as moot where the current trial court had already entered an order requiring the government to preserve the evidence.
Filed February 11, 2010
Opinion by Judge Tacha
Paula Marie Ray, Paula M. Ray, P.C., Denver, CO
John M. Hutchins, David Conner and Gregory Holloway, Office of the United States Attorney for the District of Colorado, Denver, CO