Disclaimer: All persons are presumed innocent until proven guilty.
NEW ORLEANS (WGNO) — The judge presiding over the Linda Frickey case is giving defense attorneys more time to prepare for the trial, but the motion hasn’t changed the trial date, which had been set for Nov. 20.
Orleans Parish Criminal District Court Judge Kimya Holmes will allow the defense attorneys for defendants John Honore and Briniyah Baker to have the DNA tested separately at private labs, but they now have fewer than nine weeks to get that accomplished.
All four teenage defendants pled not guilty to second-degree murders charges in connection with Frickey’s death.
“They’re guilty; let’s just face it,” Frickey’s sister Jinny Lynn Griffin said. “They are guilty, they did the crime, they should do the time. All the continuance or delays are just a game. They don’t want the family to come, they want us to get tired; we’re not going to get tired. We’re going to be here.”
The defense questioned the state’s expert witness, the DNA manager at the Louisiana State Police Crime Lab, as to why the DNA evidence wasn’t separated when collected from the scene. The DNA manger told the court that their process is based on quality and assurance and the collector wasn’t told which evidence belonged to whom.
Defense attorneys are hoping to have the DNA from an earbud and interior door handle is tested separately at private labs because they say they were linked to two separate defendants, but Frickey’s family believe it’s a stalling tactic.
“I just figured the trial wouldn’t be lengthy, you know, it’s on film,” Griffin said. “They have their clothes, and this fighting over DNA that there are only 3 pieces. Come on.”
The defense also argued a 2023 trial isn’t possible, but Holmes reminded them that the Louisiana Supreme Court ruled that the trial must begin in 2023.
Frickey’s family says they would like to see the trial begin in November despite possible challenges.
“Our understanding is if we go to trial now, without them doing their own testing of that DNA, that after trial, they can file appeals on the conviction and things like that,” Linda Frickey’s sister-in-law Kathy Richard said.
Prosecutors say they’re going to petition the Louisiana Supreme Court for review of the joint motion for continuance.
Both parties will be back in court for another pre-trial hearing October 19.
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