Sometimes a finger, pop tart or nerf gun won’t do! In order to violate the law there has to be a functioning firearm. The actions of the crime lab do not bother me at all. This demonstrates that the “system”isn’t as monolithic as the left would make it seem.
A more detailed explanation is found in this posting at the Federalist Blog.
According to 5 On Your Side, Assistant Circuit Attorney Chris Hinckley directed crime lab staff to take apart Patricia’s firearm. They then discovered it was put together incorrectly, making it incapable of operation. In other words, Patricia might as well have been waving around a Super Soaker. Gun experts at the lab, according to the local NBC affiliate based on charging documents in the case, reconstructed the weapon correctly and successfully test-fired it.
I’m not sure I buy off on the idea that the crime lab tampered with evidence. What I’m getting from reading between the lines is the following. The lab examined the gun and determined that it was nonfunctional. They were able to determine why the gun was nonfunctional and remedy the situation. By making the necessary adjustments the lab returned the gun to operational status. It appears that they documented their activities in a report. The fact that they restored the gun to function does nothing to undermine their initial findings.
According to the McCloskey’s they knew the gun was not functional because they used it as a court exhibit. Neither McCloskey appears to be a gun enthusiast. I’m going to make a SWAG that there is a gunsmith somewhere that rendered the gun non-functional. This means it will be possible to establish when the work was done. Waving a gun that you know to be deactivated undermines an intent to kill.
The lab report is out there and unlikely to change. This is a hurdle that the DA is unlikely to clear. Allegations in the underlying criminal complaint or indictment alleging the gun was operational at the time of the offense are false.
The problem arises when the District Attorney ignored the report and made a charge in bad faith. Still, this is a democrat district attorney in a democrat controlled city, so the rule of law doesn’t apply.