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Whether or not the weapon is tested for DNA is a matter of discretion for law enforcement to decide.
Anyone who is charged with a crime, if they maintain that they are wrongfully charged, they can have the weapon independently tested for DNA as a part of their defense strategy.
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The day of the crime the police determined it was self defense. No one was arrested & all the people who were involved were not charged. They did not treat the crime scene like it was a homicide & were not concerned with collecting evidence that could be saved/used in the future because they considered the case closed. Months later after everything was over a jailhouse snitch accused a man who was in jail for an unrelated crime @ the time of saying that the previous event was not accidental & that he killed the guy. They took this snitches information (he got a reduced sentence for this bogus information & had signed a deal before he even met the defendant) & charged the defendant with murder for the case that was previously decided by the cops to be selfdefense. So for the trial there was nothing to collect/dna/weapon.
Very well, that's for the defense attorney to argue at trial to instill (to the jury) reasonable doubt.
So would say that was a mistake/ineffective council on the defendants lawyers end?
The correct term is "ineffective assistance of counsel."
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