How can the DA say DNA doesn't exonerate Nicky?????

[softheart]

I am so angry and upset right now I could scream and spit. Most of you know the story about Nick Yarris.
Well today they had a press conference with CNN and Nicky's lawyer and his Mom. It was a great press conference talking about the three pieces of DNA coming back not being Nicks and how they hoped the DA would see that Nicky was innocent.
Here is a copy of that interview

Interview With Mother, Lawyer of Death Row Inmate Proven Innocent by DNA

Aired July 29, 2003 - 10:30 ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: (AUDIO GAP) Jane Yarris, the mother of the death row inmate Nicholas Yarris, you just saw her in the piece. Also in the piece was Christina Swarns, she is assistant federal defender in Pennsylvania and she represents Mr. Yarris. Ladies, good morning. Thanks for joining us.
JANE YARRIS, MOTHER OF INMATE: Good morning. Thank you.

KAGAN: Miss Yarris, (UNINTELLIGIBLE) start with you. Your reaction to the news that in fact these DNA tests show that your son is not probably guilty of what he's been accused of?

YARRIS: I'm very thrilled to death because they kept on coming back inconclusive up until the last time. And that's when it came up positive that he hadn't commit this had crime, which I've known all his life.

KAGAN: Go ahead.

YARRIS: No, I don't have anything else.

KAGAN: OK, well, Christina, let's bring you in here. Could you go ahead and explain a little bit more about what Miss Yarris was saying, that there had been previous tests that were inconclusive but now this one came up positive.

CHRISTINA SWARNS, ASST. FEDERAL DEFENDER: Yes, Nick -- Mr. Yarris in the late 1980s was one of the first of Pennsylvania's death sentence prisoners to ask for DNA testing. DNA testing was conducted at that time, but due to the fact that the evidence -- there were problems with the storage of the evidence and the protocols used by the labs, those test results were inconclusive.

Fortunately for us, be Dr. Edward Blake of Forensic Science Associates in California was able here at the last minute to get DNA and determine that Mr. Yarris did not commit this offense.

KAGAN: Now, for people out there that are kind raising their eyebrows and having some doubts about this, let's talk about this doctor that did the testing. First of all, the evidence that he tested has been in the custody all these years of the prosecutor's office, is that correct?

SWARNS: Yes it has.

KAGAN: So it's not like something that you guys came up with? SWARNS: No, this is a situation where our office has been in cooperation with the Delaware County's district attorney's office. The Delaware County district attorney's office provided the evidence to Dr. Blake.

KAGAN: And so these tests have now come up as conclusive that he is not a match, and yet he is still behind bars. So what's left to be done?

SWARNS: We just received the last of the results on Friday so I think the district attorney's office is reviewing that report and determining how it thinks that it affects Mr. Yarris's conviction. I have every confidence that once they have had the opportunity to review that report, that they will arrive at the same conclusion that we have.

KAGAN: Where they just open the prison doors and he walks out? Or is there some kind of legal maneuver that still has to take place?

SWARNS: Well, yes. We'll probably have to go into federal court and we'll have to come up with a way for the federal judge to grant the writ of habeas corpus.

KAGAN: All right, let's go ahead bring Miss Yarris back here. Have you had a chance to talk with your son since those latest test results came back on Friday?

YARRIS: Yes, a little bit. And he's thrilled, I'm thrilled. And it's going to take more time. You know, now he's impatient. He's been found innocent and he wants to come home.

KAGAN: Well, understandably that he's been saying this all these years.

Tell us a little bit more about your son's story. How did he end up being at the wrong place at the wrong time? And where has he said all these years that he was at the time that this murder took place?

YARRIS: Halle (ph) did that. He had been locked up in Dover County. And he read about this and he was on 24-hour lock-up and stupidly said that he knew something about the case. From there on, it just mushroomed out of whack and that was it. He didn't know anything about the case. He was...

KAGAN: And it's turned into a 21-year or longer nightmare. Has he said when the day does come, that he does get out, what's the first thing he wants to do?

YARRIS: Come home and eat.

KAGAN: Are you going to cook, Mrs. Yarris?

YARRIS: Yes, I am.

KAGAN: What's going on the table?

YARRIS: Everything that I can cook.

KAGAN: You're going to clean off the market shelves. If you can make it, I bet you will make it on that day. Well I bet that will be a very happy day indeed.

And just one more question for Miss Swarns. What kind of time frame are we talking about here do you think?

SWARNS: It's hard to tell. It depends on how long the district attorney's office needs to consider the evidence and respond to the motions that we file.

KAGAN: All right. We'll be tracking the story. Christina Swarns, Jane Yarris, thank you so much for bringing this story and the latest on that to us. We appreciate it.



Well then the wonderful DA did a press release and this is what he said


PENNSYLVANIA:

Delco DA Reopens Death Row Conviction


Prosecutors say they are reopening the investigation into the 1981 rape
and murder of a Delaware County woman, now that defenders say DNA tests
exonerate the man who's on death row for the crime.

Delaware County DA Michael Green says he's not out to keep Nicholas Yarris
behind bars if he is indeed an innocent man:

"We will seek justice. And that's it."

Green says he wouldn't want to uphold an improper conviction:

"I'm not concerned at all with whether or not the conviction is held or
not held. I'm concerned with making sure that to the best of our ability
we determine the killer or killers of Linda Craig."

Federal defenders say new DNA tests clear Yarris of the 1981 rape and
murder of Linda Mae Craig of Boothwyn, Pa.

Green says the DNA alone doesn't exonerate Yarris. But his office is doing
a complete review, to determine whether the real killer is still out
there.

He says the victim's husband has submitted a DNA sample and is cooperating
with the investigation.

(source: CBS News)

How can this DA say the DNA doesn't exonerate Nicky? There was no witness nothing at the original trial, they have nothing and especially now the DNA came back saying no way it is Nicky's.
It just makes me sick!

softie

[Neamh]

hun, he's going to be cleared - his lawyer knows it, you know it, I know it, and Nicky... he's praying for it. Pardon the french but F* the DA - he's another loser in the system just trying to save face in trying to do his job.

Truth be known, poor sod was prolly in the loo afterwards crying like a baby knowing he was gonna have his 30 seconds of fame as the DA who couldn't back up his own courts ruling. This case, this clearing of an innocent man will be one of the biggest deals of his life because Nicky's lawyer has got the balls and ammo to shatter every argument he can come up with - he knows he can't win, but he's gotta be a man, and look tough before the public.

Everytime you see that twirp of a DA you think about that, and imagine him sitting in the corner of that court room crying like a baby thats' lost its dummy ... diaper and all... laugh Rhea, be the bigger person in this and keep Nicky laughing - it's the worlds best medicine.

[softheart]

Neamh....THANK YOU I needed a good laugh the image of the DA sitting in the corner with a diaper was just what I needed.........

You are so right my friend.....

I still want to stick my foot up what his diaper covers........lol

Hugs
softie

[Neamh]

PMSL! Ew no, diaper doo-doo on your toesies is a prick to wash off! ESPECIALLY DA Diaper Doo-doo lol

Hun, i've been telling my best mate Em all about you and Nicky and Nicky's mum and she says much the same as me - that the DA is a tosser lol... she also said watch out for the DA if he scratches his forehead or nose, there's a good chance he's got ball-rash on his nose on the pair of testicles danglin' of his HEAD hehehe

love from all us twisted Aussie's hehehe

[Claire H]

Softie,
He just needs to say something to make himself feel like he didn't screw up completely. Everything is going to work out, Nicky is going to come home and be able to carry on with his life. Let them reinvestigate the case, they'll turn up the right person with enough effort and prove beyond any reasonable question that Nicky didn't do it!
I think every DA on every exonerated case has done something similar. I know that Harry Connick made a statement after Curtis Kyles 5th trial collapsed to the effect that he knew Curtis had done it - Just COULDN'T prove it!
Nicky's coming home - no worries!
Claire

[Retired-5]

Neamh- you are a kick in the pants, love the humor! i can only guess what a tosser is?

[deb]

Softie,

Hang in there. It takes time. It sucks, but it does. You know our original prosecutor apologized to me during an intermission at one of our appeal hearings when we were at the state level. There was just he and I in the courtroom for a few minutes and he said "Deb, I hate this. You know I'm just doing my job right?" I just said, quietly and sadly, "I know." I do understand. It still pisses me off and saddens me. Politically for their career they have to get convictions etc... and go for it even if they know the person may be innocent..... Time.... Time....Time... It sucks. ((hugs))
Deb

[KRIS_NC]

SOFTIE HON, I AGREE NICKY WILL BE RELEASED AND I WILL JOIN YOU IN PUTTING A FOOT WHERE THE DIAPER COVERS... LOVE YA

[Neamh]

Hi Alice - some would say us Aussie's have a twisted sense of humour (they're usually right)

Tosser is another word for W*nker basically, but one a lil more pathetic than your average W*nker :P - toss-pot would be another word maybe only not really used.

[vanitygreen]

softheart- the only explanation i can offer you as to why these people don't accept the idea of DNA evidence is this...not many people believe in science. have you ever watched forensic files? maybe this might give you some insight on how valuable or invaluable DNA evidence can be.

[softheart]

Thank you for all your support. I know they will have to release Nicky. It is just this DA is doing every thing he can to delay it over and over again, it just get very frustrating.

Vanity you are right, but as Nicky said in a letter posted here at PTO if they don't believe his DNA, then everyone they have ever sent to prison on DNA needs to be released, because they can't have it both ways.

Neamh you are right a big tosser....

I really do apprecitae all of your support and thoughts.

softie

[vanitygreen]

Yes this is so true...People should just leave the Stone Age and learn to accept the new era that's come to take it's place.