
Frank Atwood's attorneys recently filed a motion for the court to allow Dr. Christopher Palenik to come and collect samples of the paint from the bumper of Frank's vehicle and also from the victim's bicycle, for further analysis which could prove government wrong-doing and potentially exonerate Frank. Arizona Attorney General Mark Brnovich did NOT object to this motion, and the judge allowed it. This could be the breakthrough in the case that is needed to prove Frank's innocence!
Remember that paint from the victim's bicycle which magically appeared on the bumper of Frank's vehicle after his arrest was the only evidence that sealed his conviction. Dr. Palenik, the forensic examiner, already had done preliminary analysis of the evidence and concluded that more in-depth testing could prove that the paint on Frank's bumper did not come from the victim's bicycle. This testing will be underway very soon.
However . . .
In the meantime, on January 5th, 2022, Brnovich filed again to have Frank executed, claiming that he has had the lethal injection drugs tested and that they have a Beyond Use (Expiry) Date of at least 90 days! Whereas previously the pharmacist who provided the drugs said that they only have a 45 day Beyond Use Date. Brnovich needs more than 45 days so that he can have Frank executed before the drugs expire. Yet he provided no quantitative analysis to support his claims of at least 90 days. It appears that he is doing everything he can to get Frank executed before Dr. Palenik's testing can prove Frank is innocent. And since Frank has already exhausted all of his appeals, it is possible that the courts could allow the execution to commence before his innocence can be proven, even though they allowed the evidence to be re-tested.