Ernesto’s New Relevant Facts Which Were Not Known at The Time of The Trial

In this page, I will emphasize the relevant facts I wish I have known on the day of my trial. Knowing these facts, would have helped me in better preparing for trial, and my actual defense trial strategy would have changed in many ways. And there is no doubt that the witnesses’ direct and cross examinations would have been totally different.

Below, some of the relevant facts that were unknown at the time of my trial:

1) The fact that the ambiguous DNA database “hit” that it is contained in the file as been used by BSO Crime Lab to match my DNA profile in 1995, was not a federally administered and/or regulated database as it is in the national CODIS database we recognize today.

2) The fact that there was some kind of “double check” of the green fitted sheet comparing it to the cuttings to ascertain if/where the cuttings originated from. In other words, it appears as if they were fitting the cutting back in the sheet like a puzzle. However, if there was some reason to suspect an error occurred that necessitated this review, this should have been explained in the case file and described for defense counsel and the court. Nevertheless, the note does not state who the author is, and the note does not describe repacking of evidence. 

3) The fact that the Las Vegas, Nevada law enforcement officers had retrieved, on the day of my arrest, without consent, the light green bed sheets from the dirty laundry hamper with some of my clothing which were never returned back to me. 

4) The fact that no notations were made on the custody logs to describe that the cuttings obtained from the green fitted sheet, were returned, and on paper they remained in the custody of the Crime Lab. Obviously, a significant break in the chain of custody in this case occurred and demonstrates that these cuttings are apparently missing. 

5) The fact that the victim’s DNA profile was not found in her own sheets after sleeping nude on the sheets for over two weeks. This, of course, was relevant information which should have been timely revealed to the defense. 

6) The fact that the black and white dress was returned to the Lab separately in June 2000 and presumably re-examined by BSO Crimes Lab technician Donna Marchese on June 28, 2000 in a fashion consistent with the examination of the green fitted sheet. However, no notes exist to describe what examinations were performed on the dress or why it was resubmitted to the Crime Lab just before trial.