A South Carolina judge has thrown out murder charges against a father and a stepmother, saying there was no new evidence they killed their 5-year-old child in 1989
Circuit Judge Roger Young ruled the original detective in the case changed his interpretations of the evidence and with more than 20 witnesses either dead or unable to testify in the 35-year-old case, the couple couldn't put up a fair defense and question witnesses who claimed they made incriminating statements.
Evonitz killed himself as police closed in on him in 2002. His body was cremated, likely making it impossible to try to match his DNA with evidence in the South Carolina case and further hampering the Turners ability to defend themselves, defense attorney Shaun Kent said at a preliminary hearing in March.
The judge pointed out the collar and dog would have been available in 1989 but not now. The collar has not been found since even with detectives digging up the dog's remains, the defense said. Having more than 20 witnesses used to build the case in 1989 unable to testify today isn’t fair to the couple, the judge ruled.
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