A man charged with killing his girlfriend and daughter has been released from jail after prosecutors failed to turn over DNA evidence to the defense in a timely manner.Tracie Shannon, 25, and 9-month-old Juliana Carlisle, where found dead in their home Sept. 19, 2010, after a fire that investigators determined had been intentionally set.Police said the baby had accelerant poured on her chest and was burned alive. Shannon was smothered, investigators said.Joshwa Carlisle, 23, was arrested and charged with murder and arson. Police said he killed his girlfriend and daughter after learning he would have to pay $200 a month in child support.Prosecutors had hoped to use DNA evidence against Carlisle but didn't turn the material over to his defense team until late last month.A judge Tuesday called the prosecutors' actions "totally unacceptable." He said the state could go to trial without the DNA evidence or prosecutors could use the evidence, but he would grant a continuance and release Carlisle.Prosecutors chose the latter and said the delay would not happen again.
"The circumstances are unique in this particular case and are not indicative of case in general," said Deputy Prosecutor Gregory Spencer. "I think the mechanisms that are in place are adequate. This was a one-time thing."Shannon's family wept outside the courtroom after the judge made the decision."It's miserable. Both my nieces are in the ground," said Eon Davis, Shannon's uncle. "It makes absolutely no sense. They're going to let a killer out, and he's going to be free for the holidays."Carlisle must report daily to the probation department and will be on GPS monitoring. He cannot leave Marion County.Carlisle's trial is tentatively set for Jan. 17.
Tracie Shannon and her daughter, Juliana