I have reviewed CCP Art 2.21, 18.17, and 38.43. Am I missing something, or do we have to send a notice to the convicted person?

Local police are in possession of material collected from the scene of an arson murder (ashes (not human), burned furniture, cigarette butts, smoke detector, etc.), and material created for the investigation (x-ray of a smoke detector, 911 tape, furniture we built and burned for testing). There is no issue of biological material. None of this was admitted.

Is it "abandoned or unclaimed?" Is the convicted murderer, who was also an occupant of the burned residence, an "owner" with right to notice?

Is there a handy answer?

Thanks

From your question it sounds like there may have been a trial, or at least a conviction. The easiest answer would be to file a motion in the same cause number asking the judge to authorize destruction of the remaining items which were not introduced into evidence. You will want to wait until any appeal is final, of course.

The items you have described don't fall neatly into any of the evidence destruction statutes, so many agencies would treat it as abandoned or unclaimed property. Technically, though, Article 18.17 excludes property held as evidence, i.e. property related to a charge that has been filed or a case under investigation.

Watch for a series of articles on evidence destruction coming up in the Texas Prosecutor.