DNA expert's testimony could aid doctor's defense

By Kim Smith

The state of Arizona rested its case against Dr. Bradley Schwartz Thursday with a DNA expert who bolstered the testimony of a defense expert.

Bruce Budowle, who has a doctorate in genetics and works for the FBI, told jurors in Pima County Superior Court that he believes that one in every 13,000 white people shares the same partial DNA profile as that found on the car radio knob of slaying victim Dr. David Brian Stidham.

Prosecutor Sylvia Lafferty told Judge Nanette Warner Wednesday that she was forced to call Budowle to the stand because one of her other experts, Department of Public Safety criminalist Curtis Reinbold, made a mistake when he told jurors early in the trial that one in every 20 million white people shares that DNA profile.

Lafferty said that although the prosecution "would be taking a hit" by having Budowle testify, she couldn't ethically leave jurors with the false impression that the DNA profile is that rare.

Defense expert Brian Wraxall told jurors that he believes one in every 1,658 white people shares that profile.

Although it appears as though one in 13,000 and one in 1,658 are far apart, Budowle said that statistically speaking, they aren't. Wraxall just used a different database to get his figures, Budowle said.

Regardless of the numbers, all three of the experts agreed Ronald Bruce Bigger could not be excluded as the source of the DNA.

After Budowle left the stand, Warner sent the jurors home, telling them to return for final jury instructions and closing arguments at 10:30 a.m. Tuesday.

According to prosecutors, Schwartz hired Bigger to kill Stidham in October 2004 because Stidham abandoned the medical practice they shared when Schwartz was forced into drug rehab after an indictment on prescription-fraud charges.

Defense attorney Brick Storts told jurors during opening arguments on March 7 that if they didn't believe Bigger was responsible for Stidham's death, then they must acquit Schwartz.

Schwartz is facing one count each of first-degree murder and conspiracy to commit first-degree murder.

If convicted, he could receive a life sentence with or without parole on the murder charge. The conspiracy charge carries a life sentence with parole possible after 25 years.