no hairs of anyone of african-american descent. he acknowledged the evidence should have been given to the defense but argued only one of the hairs had sufficient dna to read. we do not dispute the materials from the victim s body at the time of the autopsy. one hair, not hairs. one hair. it was merely another hair in the bedroom of mrs. edwards. this is a completely different case than what the jury heard. in the final analysis, the question really is if not now, when? if this is not enough to grant somebody a new trial, then when is post conviction relief ever appropriate? unexpectedly, rather than adjourn and read the filings before ruling, the judge issued his decision on the spot. all motions are denied. the judge said, one hair is not enough. i m out of here. in this case, there are a number of things that stink and if you look at it as a whole, it doesn t just stink, it reeks. an execution date was set for elmore. he was placed in a high security lockdown cell
body, a separate group of 49 pubic hairs found on the bed also raised diana s doubts. a lot of people saw the 49-some pubic hairs allegedly collected from the victim s bed as the most damaging evidence against mr. elmore. but this item of evidence was a plain baggy like put your kids sandwiches in when you re packing their school lunch. not sealed with red evidence tape that says evidence, do not tamper. this did not have that on there. the evidence bag contained 49 hairs. a number diana found suspiciously close to the number of hairs police pulled from elmore after his arrest. there was from what i understand about, 50 to 60 hairs that were collected, either being combed or pulled. but if elmore s hair had been found at the crime scene of the nearly 100 crime scene photographs, not a single photo showed hairs on the bed.
confronted her with it nearly 25 years later. i was like, you know what? you opened the door. i m walking through it. let s do this. i m going to tell it all. not just the part you want to hear. the judge in the case visibly disgusted by zelenka s tactic disallowed the deposition. diana could continue her fight for elmore s life. at elmore s trial, the prosecutor had claimed that ny negroid hair had been found on the victim s body. when the petition had asked to see the hair it had gone missing. now 16 years later, the hair suddenly turned up. the prosecution has an obligation to turn over to the defense anything which is favorable. in this case, they didn t do it at the time of trial. as it turns out, none of the hairs were negroid at all. they were caucasian and they did not belong to mr. elmore. that should be sufficient to warrant a new trial.
police took hair and blood samples and placed them in the county jail house. even elmore s public defender had doubts about his innocence. many people will proclaim constantly their innocence and i cannot remember mr. elmore vociferously proclaiming his innocence and i got the feeling that there might be something for him to hide. elmore s case came to trial only 82 days after his arrest. prosecutors say dorothy had been killed saturday night when elmore was alone and had no alibi. you want to find out whether or not mr. elmore had any alibis. we found none. mr. elmore was not very cooperative. he wouldn t hardly talk to me. police found small spots of blood matching dorothy s blood type on elmore s pants and shoes.
any kind of evidence you collect at a crime scene, the first thing you do is photograph it. there was no pictures of the hair on the bed. there was pictures of everything except the most crucial evidence in the case. it became evident to me something wasn t right. the only photo of the bed shows it covered with police camera equipment, contaminating any evidence. the question became, where did the hairs in the baggy come from? there was no question they pulled those hairs from his body. they pulled a lot of them. and i don t think they were ever on the bed. i believe it was planted. diana was starting to see a pattern. there was all this ineffective assistance of counsel. there was no basis of probable cause to arrest mr. elmore anyway. and there was no list of negroid