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34 Chapter Five A Stranger Rapist and a Murderer Early Success with DNA Evidence  As the use of DNA evidence became common, some trials were avoided. Defendants connected to sex crimes by the scientific tool of DNA testing frequently decided to simply plead guilty. But the other side of the coin was equally important. Instead of relying heavily on eyewitness identification, prosecutors in sex cases involving victims and defendants who were strangers to one another now frequently had the benefit of scientific evidence linking the defendant to the crime. In some cases, that meant fewer offers to defendants to plead guilty to lesser charges. And because the California legislature had dramatically increased the penalties for forcible sex crimes in 1981, prosecutors were less inclined to agree to reduced charges. Defendants, faced with little benefit in pleading guilty, demanded trials. One result was that DNA testimony became a staple in felony trials, particularly rapes and homicides. Even out-of-town expert DNA witnesses were on a first-name basis with attorneys, judges, and court staff. The landscape had again changed. After I returned to the felony-trial division in late 1989, my time was divided between my own caseload and assisting other prosecutors with DNA hearings in their cases. The division of time couldn’t be avoided. Deputies in my own office were often desperate for help. When their own trials were about to begin and there was an objection to the use of their DNA evidence, those prosecutors knew my help was a phone call away. Most simply had no time to prepare for the often complex and technical admissibility hearings that were demanded by the defendants they were about to try. And the requests weren’t limited to San Diego cases. Prosecutors in other California counties would call, often in despair. Some asked whether I R4400.indb 34 R4400.indb 34 8/24/07 11:46:19 AM 8/24/07 11:46:19 AM 35 A Stranger Rapist and a Murderer would do their hearing for them. Others just needed technical assistance and legal guidance. I didn’t hesitate to help. But I drew the line at appearing in courtrooms in other counties. One by-product of these frequent requests was my creation of a DNA outline of cases decided by appeals courts across the country. Now I had the luxury of simply sending that outline to other prosecutors —first by U.S. mail, later by electronic means, including an invention called e-mail. One San Diego case caught my attention unexpectedly. Another deputy district attorney was in the middle of trying a stranger-rape case. The prosecutor’s supervisor, Deputy District Attorney Mike Carpenter, took me aside. He needed my help. The prosecutor trying the case was having trouble and didn’t feel he could put on the DNA evidence. That evidence was critical. The case was a particularly serious one. A young woman had been attacked in her home by a stranger just before sunrise one morning. Using a knife, the man forced the victim to undergo a series of degrading and brutal sexual acts. I asked Carpenter what he wanted me to do. A veteran prosecutor who had tried every type of serious crime over the years, Carpenter explained that he wanted me to go into court and put on all the DNA evidence in front of the jury. That’s a first, I thought to myself. I was going to be sent in to try to put out a fire in the middle of a trial instead of at the beginning. Within minutes I contacted the prosecutor and assured him I would help. I was briefed on what had happened in the trial so far. The victim apparently had not testified well, was emotionally flat during her testimony in front of the jury, and had difficulty remembering some key events. At least I had a couple of days to prepare for the DNA testimony in the trial, which would include results from semen found on vaginal swabs and clothing that had been collected from the victim. I was also lucky. The scientist who would be coming to court to testify in the case was a good friend and an outstanding expert witness. One of the greatest rewards of being involved in DNA typing and its use in criminal cases was getting to know the people from all over the country whom I had the opportunity to work with. During the first several years of...

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