Challenges Associated with Defending a "Cold" Murder Case

 Posted on December 13, 2024 in Criminal Defense

A man was recently indicted on capital murder charges stemming from a 1980 Austin, TX cold case. At the time of the Texas indictment, the 78-year-old man was incarcerated in a Massachusetts jail. The Austin case involved the kidnapping and murder of a 25-year-old woman who was walking to her friend’s house at the time of the kidnapping.

The cause of death was a gunshot wound to the head, yet there were no leads in the case for more than 40 years. DNA swabs taken while the man was incarcerated in Massachusetts matched the DNA found at the scene of the Austin crime. Solving a cold case – particularly one this old – can be incredibly challenging. While a "regular" case may have fresh evidence and witnesses, this is rarely true for a cold case.

If you have been charged with murder for a crime that happened many years ago, it is extremely important that you have a highly skilled criminal defense attorney. Speaking to an experienced Karnes City, TX criminal defense attorney can make a difference in the outcome of your charges, whether they are for a recent crime or a crime that happened years ago.

What Are Some of the Primary Challenges in a Cold Case?

While each case is different, some of the more common challenges for an attorney fighting charges for a case that is years or decades old include:

• Little usable evidence
• Difficulty in locating alternative suspects
• Difficulty in locating witnesses
•  Memory issues in witnesses who are located
• Original law enforcement who investigated could be retired or deceased

It can be difficult for a defense attorney to build a solid defense with little evidence that refutes the defendant’s involvement in the crime. This works two ways, however, as it can be equally difficult for the prosecutor to prove murder or capital murder with little physical evidence. DNA samples, fingerprints, and other forensic evidence could have degraded over time or may have been contaminated, lost, or destroyed.

If the defendant believes another person committed the crime he or she is being charged with, finding that alternative suspect can be difficult at best. The suspect could have moved, disappeared entirely, or could be very ill or even dead. If witnesses can be located, obtaining their cooperation years after the fact can be more difficult than it would have been immediately following the crime. If it has been 40 or more years like the case detailed above, witnesses may not remember the events like they would have when the crime occurred.

Another reason a cold murder case can be difficult is because DNA evidence is not as accurate as we are led to believe by television shows. If that DNA evidence has been stored for decades, it has likely degraded. More often than you might think, areas like basements where forensic evidence is stored can be flooded or destroyed in some other way. This means that DNA evidence that could exonerate a defendant no longer exists.

Common Defenses of Murder

While each case is different, and a cold case brings added complexities, some of the more common defenses to murder include:

•  Illegal search and seizure
•  Other evidence obtained illegally that can be excluded
•  Chain of custody issues with evidence
• Violation of the defendant’s constitutional rights
• Actual innocence; witness misidentification or an alibi

Contact a Karnes County, TX Murder Lawyer

"Difficult" does not mean impossible. Speaking to a highly experienced Karnes City, TX murder attorney is an important first step in having a strong defense against your charges. When you choose BRCK Criminal Defense Attorneys, every single partner in the firm is either a former criminal prosecutor or a judge. This affords clients a unique perspective and a more comprehensive defense. Call 830-769-1010 to schedule your free consultation. We speak Spanish.