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Washington prosecutors respond to defense motion for source code

Seattle, WA

King County prosecutors filed a 26 page response to a defense motion to compel TrueAllele® source code in the case of State of Washington vs. Emanuel Fair. Assistant Chief (Criminal Division) Erin Ehlert and Senior Deputy Prosecuting Attorney Brian McDonald wrote, "the reliability of TrueAllele is established and can be evaluated through validation testing without any reference to the underlying source code." Mr. Fair is accused of killing Arpana Jinaga after a Halloween party in her apartment complex.

The prosecutors said, "other than the defendant’s paid experts, independent scientists working in the field agree that review of source code is unnecessary." Their filed response includes declarations from eight independent scientists and Cybergenetics Dr. Mark Perlin, while the defense provided declarations from two academic experts and a patent lawyer. The motions and declarations are posted below.

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Defense motion to compel

Prosecution response to defense

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