The government has filed its brief in Brett Kimberlin’s second appeal in the Seventh Circuit attempting to overturn some of his Speedway Bombing convictions. Kimberlin tried to have his convictions thrown out because the government no longer had hair samples used as evidence over 40 years ago which Kimberlin wanted to have submitted to DNA testing.
The law he was relying on only applies for convicts currently being held in prison. Kimberlin was released before the law was passed. The law applies to evidence that the government introduced at trial. Kimberlin introduced the samples as part of his defense. Those were only two the reasons why the district court denied Kimberlin’s motions.
Here’s the government’s brief.
Kimberlin’s reply is due not later than 21 March,