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Baltimore County Circuit Court Judge Patrick Cavanaugh has shown that there are still judges "with a pair".  He has denied the defense motion to throw out the finger print evidence in the murder trial against Bryan Keith Rose for the brutal slaying of a Cingular store owner at Security Square Mall last year.

Cavanaugh's comment?  "In this case, a jury is going to be the trier of the facts."

Maybe he read my previous post on this matter.

Judge Souder made a major blunder in blocking the introduction of fingerprint evidence in this case.  She put herself in the role as a trier of facts.  THAT IS THE JOB OF THE JURY.  I've never even gone to law school, and I know this.  Of course, I have read the Constitution recently.  Maybe Judge Souder should try that instead of catching up on the afternoon soaps.

If there are problems with fingerprint evidence-- and sometimes, there are -- let the defense present that argument at trial to impeach the evidence.  Let them haul in the experts. Let them challenge the prosecution.

But by all means, let the jury decide the facts of the case.

Outstanding job, Judge Cavanaugh.

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