Per our attorney, this is where we stand. He’s contacted the prosecutor several times and has been told that the prosecutor is considering trying the case and is looking for funding for the exhumation/DNA testing. Also, we were told that there is enough admissible evidence in the case file for the prosecutor to use.
On the flip side, the prosecutor keeps telling our attorney that he will make a determination in 2 weeks time. This has been going on for several months now.
As of Monday, August 20, 2007 — Call back in 2 weeks (again).
Per the Governor’s office….they can do nothing at this time to encourage or prod the prosecutor into trying the case. It is at the sole discretion of the prosecutor to make that determination. However, at some “point” in time when we feel that we dissatisfied, we can contact them for an update and to see if they are able to help. When asked at what “point” they could step in, the response was very vague.