State Troopers Make Cold Case Arrest
After new DNA evidence undercut his story, police arrested a man for a murder he allegedly committed in 1998.
According to the Virginia State Police Cold Case Database, the victim and her 10-week-old daughter were last seen on July 27, 1998. The woman was found stabbed to death in her Strasburg apartment that afternoon. Her daughter went missing that day and has never been located.
Family members say they last saw both girls that morning. When questioned by police, the defendant, the girl’s father, told officials that he went to the woman’s apartment that morning, knocked on the door, but no one answered. With his knocks unanswered, he said he left. DNA evidence later showed he was inside the apartment.
The ongoing investigation is a joint effort of the BCI Culpeper Field Office and analysts assigned to the Homeland Security Division’s Violent Crime Analytical Support Team. Additional support for this investigation was provided by the Virginia Office of the Attorney General, who provided funding for analytical support and testing via the Virginia Sexual Assault Kit Initiative (SAKI), the National Center for Missing and Exploited Children (NCMEC), and the Shenandoah County Commonwealth’s Attorney’s Office.
Delay in Criminal Cases
The statute of limitations, which is usually two years for misdemeanors and four years for felonies, does not apply to many of the most serious felonies, such as murder and sexual assault. Additionally, the statute of limitations doesn’t apply to arrest warrants. Once authorities issue warrants, these documents are valid until served.
The state has the legal authority to prosecute “cold cases.” Thirty years is on the high end, but delays of ten or more years are not uncommon.
However, the state is often hard-pressed to obtain convictions in cold cases, or even cases that a Leesburg criminal defense lawyer delays for more than a few months.
Generally speaking, delay hurts the party with the burden of proof, which in this case is the Commonwealth. Delay causes testimonial and physical evidence to deteriorate.
As time goes by, witnesses forget seemingly insignificant details about the crimes they allegedly saw. If witnesses cannot recall such details, such as the weather conditions at the time, the witness may be legally incompetent to testify. Furthermore, many witnesses relocate outside the court’s subpoena range, making it difficult to secure their testimony in court.
Delay also affects physical evidence. Sometimes, evidence lockers are like black holes. Furthermore, prosecutors sometimes have issues authenticating physical evidence with testimonial evidence (e.g. the woman operating a camera), as outlined above.
Scientific “Evidence” in Criminal Cases
DNA and fingerprint evidence are compelling proof of opportunity. Such scientific evidence conclusively proves the defendant was in a certain place. Expert witnesses can also determine the approximate time the defendant was there.
Other forms of scientific “evidence,” such as clothing fibers and tire marks, are less compelling. If Dan Defendant wears a size 10 shoe and prosecutors found size 10 footprints at the scene, a Leesburg criminal defense lawyer can easily apply the “coincidence” label, especially if another person with a motive, means, and opportunity also had a size 10 shoe.
On a related note, at best, scientific proof is incomplete. For example, a rape kit proves two people had rough sex. But it doesn’t prove that sex was not consensual.
Rely on a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
Source:
wusa9.com/article/news/crime/cold-case-virginia-sylena-jo-dalton/65-85751589-564a-4c21-95a9-fcea4d943917
