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Editorial: Michael Blair case unravels

10:50 AM CDT on Saturday, May 24, 2008

Collin County District Attorney John Roach's decision yesterday to fold his hand in the 1993 capital murder case against Michael Blair was the right call. But it should chill the blood of anyone who cares about justice and public safety.

First, it means the monster who killed young Ashley Estell more than 14 years ago may very well be on the loose. That's a terrifying possibility for those who remember the details of how 7-year-old Ashley was plucked from a Plano soccer field and strangled.

Second, the DA's decision means Mr. Blair could have paid with his life for what appears to be a prosecution that should never have taken place. Hair tests that were crucial in sending him to death row were disproved by more advanced DNA results nearly six years ago. More DNA tests ruled out tissue beneath Ashley's fingernails and, more recently, failed to establish a link between Mr. Blair and other items.

It would offend the memory of Ashley's life if opponents of the death penalty – this newspaper included – used this opportunity to gloat about the faults of the justice system and potential for fatal error. After all, supporters of capital punishment will say that the system worked, that the appeals process succeeded in exposing the truth. They must concede, however, that in the absence of new forensic technology, the appeals would likely have accomplished nothing.

Let's be clear: Mr. Blair is not a sympathetic character. He is a loathsome child molester who is serving consecutive life sentences for sex crimes. He will die in prison, and we're glad he's there.

Had he been executed instead, the quest for justice would have cheated an innocent child who met an unspeakably cruel death.

Mr. Roach is to be credited for a vigorous re-investigation of a slaying that inflamed this community like few others. At times his response to setbacks in the case appeared stubborn and grudging. But all parties should appreciate the directness of his statement in which he backed off the case against Mr. Blair.

For Ashley's family's sake, we hope there is something to show for Mr. Roach's assertion that the case remains under investigation.

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