Knosplers Case Has Hit Yet Another Legal Blockade Within The Infamous Casper Wyoming Justice System.

Natrona County District Court Judge Thomas Sullins Denies DNA Testing

Assistant District Attorney Dan Itzen responded that Wyoming law does not allow for this kind of testing when the perpetrator is known. Knospler undeniably was the shooter, according to the evidence at the trial and the jury's verdict, Itzen said in court.

District Attorney Mike Blonigen's also had filed a written response to Knospler's motion partly as follows.

"The contorted physical evidence argument made by the Defendant at this stage does not establish that the proposed DNA evidence would prove actual innocence by showing the Defendant is not the perpetrator," Blonigen wrote. "Actual innocence," he added, "means a complete exoneration and that the state convicted the wrong person of a crime."

Answer: New evidence, collected in multiple re-enactments of shooting the same caliber gun through replacement side windows from inside the very car taken into evidence by Natrona County investigators, has come to light and has been verified by duplication. The evidence gathered from these re-enactments is in direct contradiction to the State's theory in two distinct ways.

1 - In the re-enactment, the presence of glass, with respect to particle size and distribution, is inconsistent with that found, photographed and reported by the State investigators.

2 - In the re-enactment, the presence of additional glass evidence, with respect to particle size and distribution, is absent in the State's investigative reports.

3 – The State of Wyoming had commissioned its own expert, John Daily, to determine whether Baldwin broke the window from the outside in. He recommended that a re-enactment be conducted, but neither Natrona County nor the Wyoming Crime Lab conducted such an experiment.

4 – The State of Wyoming has still refused to conduct ANY forensic testing involving the 2008 Cobalt or the .45 Caliber Nighthawk still in the State’s possession to see how the glass would be dispersed from a shot fired through the window as they claim, or whether the .45 caliber Nighthawk could have jammed in the unique manner that existed in this case through “limp wristion” or because Baldwin had already broken the window and was grabbing the firearm at time of discharge.

In his statement, Blonigen asserts that an argument referencing this new evidence is contorted. An often used tactic of Mr. Mike Blonigen, is to accuse his opposition of that which he himself is guilty.

For example:

Blonigen contorts, con-volutes and misconstrues WY Article 3 W.S. 7-12-302 through 7-12-315, by suggesting that "actual innocence" means that the state convicted the wrong person of a crime. A more sensible approach as it relates to this case is that the state convicted the defendant of the wrong crime. And further, in a case of justifiable homicide, or self defense, a rational individual would recognize that at the moment of commission, and it is by an act of self preservation, the victim is the perpetrator and the defendant is innocent of both 1st and 2nd degree murder and manslaughter.

Blonigen then uses the phrase "... at this stage does not establish ...". What "stage" is he referring to? Are we now in the "stage" where Knospler has run out the clock for seeking justice, and if exculpatory DNA evidence were to be found that supported Knospler's claim, it could not be considered because we are not in the right "stage" according to Blonigen?

The judge agreed with the prosecution. Judge Sullins said there was no issue about the identity of the shooter, the law is narrow and would not factor in a self-defense argument, Knospler's defense attorneys were excellent, and the evidence pointed to Knospler's guilt.

"I think there was very adequate defense," Judge Sullins said.

Answer: Judge Sullins is right about the identity of the shooter, that was never in question. Judge Sullins' remark "... the law is narrow and would not factor in a self-defense argument,...", for obvious reasons, is way off the mark. Wyoming's "Post-Conviction DNA Testing Act." is broad, reasonable and makes no exception or restriction with respect to any particular charge of homicide.

Why would not DNA evidence belonging to the victim, if found and collected from the spent casing in the discharge port, in a place where the victim, according to the State's theory, could not possibly have been, be as valid as any other evidence entered in support of justifiable homicide? Why not allow the DNA testing and determine the facts, one way or the other?

If "... Knospler's defense attorneys were excellent, ..." as Judge Sullins declares, the defense would of had an external ballistic expert, internal ballistic expert, shooting re-enactments including high speed gun camera video, an independent radiologist, a forensic pathologist who is an expert in gun shot wounds, a glass failure and fracture analysis expert, a jury of Knosplers peers, finally a DNA expert. Knospler would not have been found guilty as charged that is an "excellent" attorney. Please your Honor, don't humiliate us with "adequate defense" there was nothing adequate about it! Would good enough suffice for you, if it was your son charged in a murder trial your Honor?

It is through moral failure, love of dominance, lust for power, whereby careless ambitious manipulating stewards of the justice system that produces injustice as seen in this case. Those possessed of the aforementioned human traits, must protect the cabal of which they are a part, at all cost .... the ends justify the means. If they had nothing to fear, they would not object to a third party exploring the possibilities of a theory that is, in many respects, supported by the physical evidence, in place of the State's theory that relied on a noumena such as "implied malice", and a jury led by one of Casper's good ol' boys, to obtain a conviction.

Let us not forget that when DNA testing first became a reliable adjunct in capital cases, nearly 50% of the inmates sitting on death row in the State of Illinois alone, were ultimately exonerated, leading to a moratorium on the death penalty in that state. So much for the good work of the prosecutors dispensing "contorted" justice in America.