Before trial began Buting knew FBI would choose swabs likely to show low/no levels of EDTA. And that’s exactly what FBI did by only testing 3 of 6 swabs.

EXCELLENT comments.

...when the prosecution approached the FBI, the first time, to test for EDTA, the FBI responded it would take a massive amount time to create a test and get it validated. By that time, according to the FBI, the trial would be long be over. The defense would not be able to get any testing done either...There was also no other lab in the country (or world) that had a validated testing procedure for EDTA. Who would the defense send their sample to? (and of course, the FBI only works for the proscecution, never for the defense)

The naysayers seem to be unaware this went on before the vial was discovered.

...once that vial was found, the prosecution had a very serious problem. They had a Sheriff's department had motive and every possibility to plant blood evidence now (they were all over the crime scene, and were in fact the people who found much if not most of the incriminating evidence against Avery, out of the many outside agencies that were also searching the scenes). They had a huge liability now that the defense could show that they had Avery's blood... they went back to the FBI lab and said, "This is a really really big problem for us. We don't have any way of deflecting the allegation of planting blood evidence." The FBI said, "You know when we said it would take months and months to create, validate, and run that test? We'll just make one up on the fly, validate it ourselves--instantly (with no other scientist in the world to review or look at it), and have your results for you in no time."

Way to boil it down and keep it entertaining. I can't get over all the misconceptions about the timing of the EDTA test--how quickly the FBI slapped it together and that they sprung the results on the defense the night before LeBeau testified.

/r/MakingaMurderer Thread Parent