This Motion is not necessarily
good for TSJ in that it tells me the state has an expert who intends on testifying that there was male DNA on her underwear that they couldn't rule out as being TSJ, although the motion should be granted if what his attorneys say is true about the thresholds.
I hate to tell you this about the "five other guys" part but it's presumably inadmissible even if it means what you think (it doesn't - see below). It's a thorny issue in evidence law because it's baseline legally relevant but of minimal weight to a rational person. So most states passed statutes to exclude the evidence for exactly the reasons we've seen in this thread. That includes Kansas (which says you're not supposed to file it publicly although this is with a Daubert motion rather than an in limine motion):
https://kslegislature.org/li_2012/b2011_12/statute/021_000_0000_chapter/021_055_0000_article/021_055_0002_section/021_055_0002_k/And fuck Ked Prince for posting those excerpts only. You can access the whole motion here:
https://www.wcia.com/wp-content/uploads/sites/44/2024/05/DG-2023-CR-300181-Terrance-Shannons-Motion-for-Daubert-Hearing-and-to-Exclude-Expert-Testimony.pdfAs to the "five other guys" part the report itself debunks that idea rather clearly:
"The level of DNA detected could be from virtually anything - including but not limited to the
gloves of the SANE nurse, the swabs themselves, the swab boxes, the gloves of the analyst at
the KBI, the cutting tool used by the analyst, any tweezers or forceps used by the analyst, or
any of the tubes/wells used during the extraction process. This level of DNA could also be
from several different forms of transfer - primary, secondary and tertiary transfer events could
all explain a transfer of these levels of DNA...
Primary, secondary and tertiary transfer are all possibilities given that the complaining witness
was in a crowded bar and in close contact with several individuals throughout the night. DNA
could have been inadvertently transferred to her body through her own hands, from a male(s)
coughing, sneezing, or even talking around her depending upon which parts of her body were
exposed."
Let us not be so droolingly eager to slut-shame that we don't read the fine print.
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