This is the problem with situations where labs screw things up, like consuming all the evidence available for analysis.
It must have been a hard call for the Judge. No one wants to see a child rapist potentially set free, but in this country everyone is supposed to have their rights protected.
“This is what we had hoped for,” Wicoff said. “Judge Barr recognized the injustice of a crime lab destroying the only available forensic evidence in the case before Napper was even arrested, much less being given an attorney or his own expert.“
Please read the whole sad story here.