Ballard v. State

In Ballard v. State, 923 So. 2d 475 (Fla. 2006), over one hundred fingerprints were lifted from the crime scene, four of which were from the bedframe near where one of the two victims was found. Ballard, 923 So. 2d at 479. One of the prints on the bedframe belonged to the defendant. Id. Additionally, six hairs were found in the hand of one of the victims, three of which belonged to the victim, two that were too short to provide sufficient information, and one that belonged to the defendant. Id. at 479-80. This hair was in the third phase of growth, and there was no cellular tissue on it, so the expert could not determine whether the hair was forcibly removed or naturally shed. Id. at 480. Additionally, five unidentified forcibly removed hairs were also discovered in the house, and hundreds of hairs in total were recovered. Id. Other evidence suggested that the defendant may not have been the killer. A week prior to the murders, a person affiliated with a street gang shot at the house, and the State presented no evidence that definitively ruled out the gang members as the perpetrators. Id. at 485. One victim was known to sell marijuana and hide cash within the home. Id. at 477. Additionally, the vehicle that belonged to one victim was found in the woods approximately one mile from the defendant's residence with blood and fingerprints in it, but neither the blood nor the fingerprints belonged to the defendant. Id. Finally, bloody fingerprints that did not match those of the defendant were found on a barbell and a curl bar located in the room where the second victim was found. Id. at 479. The Court held that the circumstantial evidence in Ballard was not sufficient to support the conviction. Id. at 483. The defendant had been a regular visitor at the home, and the Court concluded that the hair and fingerprint evidence could have been left during one of his many visits. Id. Accordingly, the evidence was not inconsistent with his reasonable hypothesis of innocence. Id. at 485-86.