Marc J. Victor will be on the news this evening discussing the civil
lawsuit filed against the City of Phoenix. Tune in to Channel 5 News at
5pm and Channel 15 News at 6pm for more details.
The
judge in the Baseline Killer civil case ruled yesterday that the City
of Phoenix owed no legal duty to process the DNA evidence in its crime
lab because both the victims and the perpetrator were then unknown to
the City. As such, he dismissed the law suit in its entirety. Our law
firm plans to request that the judge reconsider his ruling next week. Ultimately, if the ruling is not reversed, our law firm plans to take
the matter to the Arizona Court of Appeals to ask them to find that the
City of Phoenix owed a legal duty of care to the victims in this case to
process the DNA evidence in a proper manner. We will argue that the
perpetrator, Mark Goudeau, was unknown to the City only as a result of
their failure to test the DNA evidence, and that the City of Phoenix has
a duty to operate their crime lab responsibly when they voluntarily
opted to establish a crime lab.
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