May 21, 2012
KNOXVILLE, Tenn. (WVLT) -- "DNA" could spell delay for accused killer Lemaricus Davidson's trial.
Defense attorneys David Eldridge and Doug Trant requested more time to run a "more sophisticated" DNA test Monday morning, as one-on-one jury questioned entered it's sixth day.
Davidson's the accused ringleader in the January 2007 carjacking, rape, and murder of Channon Christian and Christopher Newsom.
Eldridge told the judge his forensic expert says more testing is needed on a pair of Channon Christian's panties, which records show was found in a trash bag in Davidson's rented Chipman Street home.
TBI tests found a limited number of sperm on the panties, along with Christian's DNA, which prosecutors say was "so overwhelming" the sperm's source couldn't be identified.
Eldridge told the judge a specific type of DNA testing---called Y-STR testing---might be able to identify the sperm. The TBI doesn't run that particular test, according to attorneys.
Eldridge told Volunteer TV News late Monday that his office staff had contacted a lab in Virginia that could complete the testing as quickly as a week; however, that carries an added rush fee.
Eldridge wouldn't elaborate on the cost, which the defense and Judge Baumgartner are set to discuss Tuesday morning. The judge could also rule on delaying the trial's start, which is now set for October 5th.
Prosecutors have had Christian’s panties since 2007, but only tested them after Davidson’s half-brother and co-defendant, Letalvis Cobbins, was convicted of murder in August.
Assistant District Attorney Leland Price said authorities confiscated an overwhelming amount of evidence in this case, and it wasn't possible for TBI test everything at once. He said the state's "constantly re-evaluating" what evidence might have to test.
Testimony during Cobbins’ trial showed forensic tests already have identified Davidson's DNA on Christian's clothing and body.
The defense also filed a motion Monday asking the judge to grant it 10 additional peremptory strikes to kick out undesired jurors during general questioning Friday.
Both the prosecution and defense get 15 challenges, plus one per alternate, according to Baumgartner.
Tennessee Law doesn't require or explicity authorize the added challenges; however, Eldridge and Trant wrote "under the unique circumstances of this case and the characteristics of the jury pool....[Davidson] will not recieve a fair trial absent additional peremptory challenges."
The defense lists Davidson's 46 count indictment, possible death penatly sentence, extensive pre-trial publicity, and large jury pool as reasons for the added challeges.
Judge Baumgartner said he's not sure when he'll rule on the motion.
Meanwhile, the judge kept eight Knox County residents in the jury pool from Monday's questioning. So far final jury pool has grown to 60.
