In eye doctor's trial, testimony about a possible DNA link

By Chris O'Connell

Court TV

TUCSON, Ariz. — In a case loaded with circumstantial evidence against an ophthalmologist accused of having his rival killed, jurors were finally handed what may be the only direct forensic evidence —DNA on a car radio knob in a stolen Lexus.

Two prosecution experts testified Tuesday that the DNA found in the car of the murder victim, Dr. Brian Stidham, likely belonged to the alleged hit man, Ronald "Bruce" Bigger.

The testimony came just before prosecutors rested Wednesday after 13 days of their first-degree murder case against Dr. Bradley Schwartz, who is accused of hiring Bigger to kill Stidham, a fellow pediatric ophthalmologist and former associate.

Both Curtis Reinbold and Lorraine Heath told jurors that, although there was not enough DNA evidence to confirm beyond a reasonable scientific degree that the sample from the victim's car belonged to Bigger, they could not exclude him.

When the results of both Heath and Reinbold's examinations are combined, the mathematical probability that the DNA sample belongs to Bigger becomes much higher than if they are presented separately. But Judge Nannette Warner would not allow the experts to testify about the combined results of their findings.

The hours-long and highly technical testimony ended with yet another dramatic, late-afternoon defense motion for mistrial.

About 15 minutes before the testimony was to conclude for the day, prosecutor Sylvia Lafferty asked Heath if she believed the DNA in question belonged to Bigger.

Heath replied, "Having looked at both my own data and Mr. Reinbold's data, I feel that there is very strong evidence that — "

She was interrupted by a forceful objection from defense attorney Brick Storts, who shouted, "Mistrial!"

The judge later denied the motion for a mistrial on grounds that Heath had not actually testified about the "combined statistical analysis" of the two DNA findings.

Stidham's body was discovered in the parking lot of his practice the night of Oct. 8, 2004. The 37-year-old was stabbed more than 15 times and his skull was fractured when he fell after being attacked, according to the testimony of a medical examiner.

Prosecutors allege that Schwartz, 41, hired Bigger, a patient and small-time criminal, to kill Stidham after patients began gravitating toward the younger doctor's practice while Schwartz was in rehab for an addiction to prescription drugs. Bigger will be tried separately, though both men are charged with first-degree murder and conspiracy to commit murder.

From witnesses putting Bigger near the scene of the crime to telephone records between the alleged hit man and Schwartz, the prosecution presented extensive circumstantial evidence linking the two to Stidham's murder.

Prosecutors also paraded half a dozen of Schwartz's former lovers to the stand to testify about the doctor's obsession with either violently maiming or killing his perceived enemy, Dr. Stidham.

Despite those facts, there were no known witnesses to the murder, and Tuesday's DNA testimony is perhaps the only direct evidence in the prosecution's case against Schwartz and Bigger.

Jurors also saw surveillance photos of Schwartz and Bigger entering a hotel together the night Stidham was murdered. The photos showed Bigger wearing Teva-style sandals.

Previous witnesses testified that a man wearing blue medical scrubs and similar sandals loitered in the parking lot near Stidham's office the night he was killed.

The final prosecution witness was Pima County detective Jill Murphy, the lead investigator on the case. Prosecutor Sylvia Lafferty used Murphy to wrap up loose ends and introduce evidence into the record that jurors had yet to see.

One photo she displayed for jurors showed a deep cut on the tip of one of Bigger's fingers, though the picture was taken more than 10 days after Stidham was murdered.

Schwartz's attorney Brick Storts has hinted that his client may testify on his own behalf.