NEW ORLEANS (WGNO) – During a pre-trial hearing on Monday, the judge denied a joint motion for continuance as both the prosecutors and defense attorneys said they needed more time to submit and evaluate the fingerprint analysis, which, along with DNA evidence, prosecutors say ties at least two of the suspects to the murder of 73-year-old Linda Frickey.
The judge ruled she will be excluding both the fingerprint analysis and DNA evidence, saying the state and defense did not act fast enough and that she did not want to delay the trial.
Both sides plan to appeal her decision.
“We want to be able to keep all the evidence that was collected, all the DNA evidence to go to trial with, that way as they say, cross your T’s, dot your I’s,” Frickey’s sister-in-law Kathy Richard said.
If the appeals court overrules the judge, that means the trial of two of the teenagers, John Honore and Briniyah Baker, would be delayed, which is conflicting for Frickey’s family.
“We would like to be able to stick with the original trial date, like I said, it’s been a long year, and we would like to see it come to an end,” Richard said.
The judge said her ruling doesn’t affect the trial of 16-year-old Mar’Qel Curtis, which is still scheduled for April 3.
No matter the outcome—Frickey’s family says they are still confident they will get justice for their loved one.
“I still feel strong,” Frickey’s sister Jinny Lynn Griffin said. “The DNA, as I said, would be a building block to get in, but no matter one, two, three trials, we’re going to be at every trial.”
The state and defense have until 11 a.m. Thursday to file the writ.