A Family Waits for Convicted Killer's Signature to Bury Remains - KLTV.com - Tyler, Longview, Jacksonville |ETX News

1/31/03 - Tyler

A Family Waits for Convicted Killer's Signature to Bury Remains

A family's struggle to bury the remains of murdered boy, Chad Choice hits another wall.

Smith County D.A.'s say convicted killer Patrick Horn is holding up the process by not signing a waiver to release the remains.

Choice was kidnapped and murdered back in 1991, but despite horn's 1999 conviction, he still has years of appeals left. That's why the D.A. needs Horn's waiver, should a new trial ever be granted.

"If anything were to happen to those remains so that at a new trial we could not produce them for DNA testing from request by defense if they wanted to contest our DNA testing," says District Attorney Jack Skeen, "then, we would be in a position to not get our DNA into evidence in a new trial."

The D.A. thought they were going to be able to release Choice's remains to his mother. Unfortunately, a signed waiver from horn never made it to the 241st district court, according to Jack Skeen.

Now the judge could order a teleconferencing hearing with horn who's in federal prison in Georgia to get the remains released.

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