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Had he not cooperated and been convicted just on what he described of his participation, it was likely that he may also solano have gotten a death sentence. Yet Lotter still had hope for his appeal to have DNA testing done. By the end of September, that solano hope disappeared. On the 26th, the Nebraska Supreme Court unanimously upheld Judge Daniel Bryan's earlier solano decision to reject the petition for DNA testing. The conclusion of the justices was that DNA findings would not offer conclusive proof that Lotter had been wrongly convicted or wrongly sentenced. They cited that prosecutors had pointed out that Lotter had wrapped the knife and gun in the gloves, so blood from all three would likely be present on the gloves. "DNA evidence is not a videotape of a crime," Judge John Wright was quoted as saying in the Sioux City Journal. They agreed with Judge Bryan that a DNA test would not determine just how blood might have gotten on the gloves.
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