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Shaun Yurtkuran & Creston Berch Discuss Death Penalty, DNA Evidence & More

Episode 3271 Published 1 day, 1 hour ago
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**Shaun Yurtkuran and Creston Birch on the death penalty and DNA**

Attorney Shaun Yurtkuran has put a man on death row. Thirteen years later he still thinks about it — not because he has a moral problem with “you kill, you get killed” when the proof is ironclad, but because of how the system actually works. It does not deter the people on the street. They know what the cops do. They do not know what the courthouse does. It is expensive. And Mississippi has already put innocent men on the row.

Shaun walks through Kennedy Brewer and Levon Brooks — two Noxubee County child-murder cases from the early ’90s. One man sat on death row. DNA and a later confession freed both. The real killer was identified almost twenty years later. That is the part that scares him: human error before the science caught up.

Creston Birch, thirty years in law enforcement, started in 1993 when DNA was barely a tool. He has watched it go from infancy to the thing that actually closes cases. He also knows what jurors think they are going to see. The CSI effect is real. In a hundred homicide cases you almost never have the gun. Fingerprints are rare. Shaun has one footprint match in his entire career — a kicked-in door at Trent Lott’s house in Hinds County. Most of the time you still win with witnesses and the defendant’s own mouth.

They talk Baton Rouge in the ’90s: three separate serial killers, a Millsaps student among the victims, suspects released because the lab could not yet do what it can do now. DNA would have stopped some of those murders. It still does not replace old-fashioned police work. It just makes the work honest.

No moral grandstanding. No “just lock them up for life” slogans. Two men who have lived on opposite sides of the same cases explaining why the needle is easy to support in theory and hard to trust in practice.

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