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Saturday, May 26, 2012

East Texas

Posted 4:36 pm  Friday, May 07, 2010


UPDATE: Court Adjourned For The Weekend
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Editor's Note: Tyler Morning Telegraph reporter Kenneth Dean is covering the trial of capital murder defendant Blaine Milam, which is under way in Conroe, Texas. Dean is blogging from the trial as events unfold. More recent installments appear at the top of this report.


Posted Friday, May 7, 2010 at 4:36 p.m. CDT
The trial of Blaine Milam in Conroe has been adjourned for the weekend. Proceedings are scheduled to resume Monday at 9 a.m. Tyler Morning Telegraph reporter Kenneth Dean will be reporting live from the courtroom again next week.


Posted Friday, May 7, 2010 at 2:49 p.m. CDT
Angela Fitzwater, a forensic biologist at Southwest Institute of Forensic Sciences, testified that on some of the samples she tested in the case, she was able to get a full DNA profile and others she did not.

The pipe wrench did not yield any DNA profiles, but the clothing of Milam, Carson and Amora did have traces of the child's DNA on them.

Fitzgerald said no DNA profile was obtained from the swabs taken of bite marks at the crime scene.

She was able to obtain five partial DNA profiles from the seven swabs taken from bite marks during the autopsy. Milam appeared to be one of the majority contributors.

Other DNA profiles from samples submitted for testing could not rule out Amora, Milam or Ms. Carson. However, Amora was the primary contributor in all of the evidence collected from the crime scene.


Posted Friday, May 7, 2010 at 12:37 p.m. CDT
Court has been recessed for lunch hour, and is expected to resume sometime after 1:30 p.m. CDT.


Posted Friday, May 7, 2010 at 11:09 a.m. CDT
Ms. Thomas said she also tested a floor tile and a mattress and found traces of blood. She also said she tested the pipe wrench believed by prosecutors to have been used in the sexual assault of Amora.

She said she did not find blood, but she did collect samples from both ends of the pipe to see if it had come in contact with the victim and to find out who may have been holding the tool.

Ms. Thomas said she took her samples and placed them in a freezer for further testing, but she did not find positive blood traces.

Lead defense attorney Rick Hagan began by asking if everyone handling the evidence in the courtroom should change gloves.

Ms. Thomas said gloves should be changed even in the courtroom because the items of evidence may need further testing in the future.

Under cross-examination, Ms. Thomas said dirt and possible iron could have tainted the testing and the clothing of the suspects appeared dirty, as was the mattress that was collected.

On re-direct Ms. Thomas said the portions of evidence used for testing are kept in the lab and remains indefinitely for further testing.
She also told Tanner there was no such thing as “flying DNA,” meaning DNA cannot jump from one person to another without the people actually touching each other.

After a short recess the court called Angela Fitzwater, a forensic biologist at Southwest Institute of Forensic Sciences.


Posted Friday, May 7, 2010 at 9:56 a.m. CDT
The state called Amber Moss, a forensic scientist at the Texas Department of Public Safety in Garland, who said she worked on the case. She tested a piece of flooring tile from the Milam home, where a bloody footprint was found by Smith County Sheriff's Criminalist Noel Martin.

Her only role was to swab the tile and give it to another scientist in the laboratory.

Angela Thomas, a Southwest Institute of Forensic Sciences' serologist, said she inspected and screened a lot of evidence in the case to determine if that evidence should be tested further using DNA testing.

Ms. Thomas said she found traces of what appeared to be blood on Ms. Carson's bra and on her shoes, shirt and on her pants and jacket. The jacket tested positive for human blood.

When asked if gloves should be changed each time a new exhibit was looked at in court, Ms. Thomas said yes.

Ms. Thomas then looked at Milam's clothing that was collected from him the day of the murder.

She said his shirt tested positive for blood, and she found traces of what appeared to be blood on his boxer shorts, socks, jeans and jacket.

Ms. Thomas also said she tested baby wipes, baby clothes and other items that tested positive for what appeared to be blood.

Ms. Thomas said the diaper submitted later from the crime scene tested positive for blood throughout the inside of the diaper. The diaper on the child at the time of her autopsy also tested positive for blood traces, but it was not as significant of an amount of blood as was in the first diaper she tested.


Posted Friday, May 7, 2010 at 9 a.m. CDT
Before jurors were led into the courtroom this morning, Lisa Tanner, Texas Attorney General prosecutor assisting in the case, asked Judge Clay Gossett to have the defense team remove a book from their table in clear view of jurors titled "Why Mothers Kill." Tanner told Gossett the book has been in the view of the jury for the past few days.

"It is quite obvious what the purpose of that book being there is," she said indicating the defense could be wanting the jury to think about Jessica Carson, Amora Carson's mother, and not the defendan Blaine Milam.



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