“font-family: Verdana; font-size: 13px; line-height: 14px;”>A delay in the DNA testing of physical evidence in the capital murder case of Reginald Clemons means some of the evidence won’t be tested at all.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Jackson County Circuit Judge Michael Manners, a special master on the Missouri Supreme Court case, in April 2010 ordered that the Missouri State Highway Patrol test a rape kit, a hair from co-defendant Marlin Gray, and blood, sperm and saliva samples. Staff of Attorney General Chris Koster in early 2010 had brought to light the evidence in the 20-year-old case.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Manners amended the order in June, but as of late December, none of the testing had been completed, according to a recent status report. Manners said he expected the testing to be finished by the end of 2010.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Manners attributed part of the delay to the Highway Patrol Crime Laboratory, which didn’t have the capacity to test a hair found on clothing belonging to Gray, the judge wrote in a Feb. 23 report to the Supreme Court.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>“Moreover, for reasons not adequately explained by counsel for Respondent, the balance of the material collected in April of 1991 — which could be tested by the Highway Patrol Laboratory — has not been tested,” Manners wrote.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Nanci Gonder, a spokeswoman for Koster’s office, said in an e-mail response to a reporter’s questions that the delay was because the lab “needed guidance from the parties and the Court as to the specific protocol to be followed in the testing of the other material.”
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>They’ve now provided that guidance, she said.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>An FBI laboratory in Minneapolis would have to conduct testing on the hair, Manners said, with results not coming back for another three to six months.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Manners ultimately declined to order FBI testing of the hair, describing it as “only marginally relevant to the issues involving Petitioner.” Manners on Feb. 23 ordered that the Highway Patrol lab instead retain and preserve the hair.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Attorneys in early April struck a deal to allow DNA testing of the evidence that was originally packaged in 1991. Clemons, who was convicted and sentenced to death for the killings of two sisters pushed off a St. Louis bridge in 1991, is seeking a new trial or a commutation to life in prison.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>His execution was scheduled for June 2009, but has been on hold. The Supreme Court appointed Manners to serve as a special master on Clemons’ habeas corpus petition, but the DNA testing has prompted additional delay now compounded by the lab’s lack of activity.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Paige Bellamy, an assistant attorney general, previously said that the testing itself would take three to six months.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Manners set the matter for an evidentiary hearing on Sept. 19 in St. Louis.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>The new date, agreed to by the parties and the court, “adequately allows parties to prepare for the hearing” Gonder said.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Assistant Attorney General Stephen Hawke is handling the case.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Joshua Levine, Clemons’ attorney at the New-York based firm of Simpson Thacher & Bartlett, didn’t return a phone call before press time.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>The case is Clemons v. Steve Larkins, SC90197.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Clemons’ execution had been scheduled for June 2009.
“font-size: 10.0pt; line-height: 115%; font-family: Verdana;”>Â
