Attorneys for the federal government this week refuted suspected Tree of Life shooter Robert Bowers’ attorneys’ claims that DNA samples sent for independent testing were empty.
Bowers’ attorneys filed a motion last week saying the government sent empty tubes for independent DNA lab testing, according to Channel 11 news partner the Tribune-Review.
Included in the motion was an affidavit from a Cellmark Forensic Services scientist who said that 11 of 17 tubes were empty.
The prosecution said that given how much time has passed since the samples were collected, it would be anticipated the liquid in the tubes may have evaporated and would need to be rehydrated. They said that if the defense had read reports provided to them, they would have known that.
“Again, it is unclear whether the defendant provided this information to his own expert, so that the expert could take appropriate steps in handling and analyzing the evidence,” the government wrote, according to the Trib.
The judge issued an order giving the defense permission to perform testing of the materials that would use up the rest of the samples. Bowers’ trial is scheduled to start in April.
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