I wonder which of the below (if any) the defence might claim?
1. The kimono was stolen/taken from BRE's possession by whoever it was that attacked in EWH's Huntingdale dwelling or someone that passed it onto someone(s) else; or
2. BRE sold/gave/bartered the kimono to someone at a swap meat or the local watering hole/pond; or
3. BRE's nocturnal activities/fetishes included doing X-rated things on ppl's clothing without him actually removing the clothing/kimono from their backyard washing lines (particularly when he'd run out of sandwich bags), and that someone else must have taken/used the Kimono for use in the EWH dwelling attack; or
4. That there can't be 100% certainty that the DNA on the kimono was actually deposited on the Kimono before/during the EWH dwelling attack.
That the accused's DNA might have been deliberately placed on it by someone (i.e framed), at some point in the many years after the event before the kimono was found to have spermatozoa on it that was a DNA match with BRE.
Im more inclined the original line of attack will be to label the kimono as contaminated. they will assert that it was handled in a fashion that allowed cross contamination at the scene, it was then lost, when it was found it was then a period of time before the semen was discovered and tested, and compared to BRE. if this works then the kimono is shown to be useless and disregarded. if it doesn't work, next step is to distance bre from the kimono. either the "ive never seen it before your honour", the "that belonged to my girlfriend at the time and went missing" or even the classic "i had a random hookup with person x and left it at their house". the more believable the excuse to show that BRE had handled it at some stage but it was out of his possession by the time of the huntingdale attack, the better, as it goes towards reasonable doubt for the charge.
On a side note has it even been 100% confirmed where the kimono came from? someone could of said i had one like that which was stolen from my washing line, however that doesn't mean the kimono was theirs. if the kimono had someones name on the tag for instance, then that is a bit hard to refute.
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your right it is a worry contamination!! IIRC some where it has been stated the owner of the kimono has been located.