Kelley's DNA was on woman's underwear, neck, expert says

ELYRIA -- Shawn Kelley's DNA was found on the neck, breasts and underwear of the 29-year-old Sheffield Township woman he's accused of strangling to death, a forensic scientist testified yesterday.

Prosecutors say Kelley, 28, of Elyria, strangled Tanya Kennedy Linkous after trying to rape her in the early morning hours of New Year's Day 2005. He also is accused of trying to slay Tammy Lutz, of Lorain, and Charles Baker at Baker's Amherst Township home, 45285 North Ridge Road. Kelley, a former football coach at Lorain Catholic and New London high schools, could be sentenced to death if convicted.

On Day 5 of the trial yesterday, Melissa Zielaskiewicz, a forensic scientist at the Ohio Bureau of Criminal Identification and Investigation, testified that a swab collected from Linkous' neck showed the presence of Kelley's DNA. His DNA was also found on Linkous' underwear and a bloody knife found at the crime scene, she told the court.

Kelley's attorney, Jack Bradley, asked common pleas Judge Christopher Rothgery to either disallow prosecutors from using an additional report by Zielaskiewicz or call for a mistrial. Bradley said he never received the supplemental report. Rothgery said in court without the jury present that he would not declare a mistrial but also would not allow the report to be submitted as evidence.

Rothgery said it appeared the state omitted the supplemental report by an error, not bad faith.

Mike Nolan, chief assistant prosecutor, said he was not concerned that the report was disallowed.

''All (the report) does is reaffirm that the defendant's blood is on the knife and pliers (found at the crime scene),'' he said.

Meanwhile, Rothgery dismissed the jury at 3:15 p.m. because prosecutors and defense attorneys had to work out legal issues regarding Kelley's taped interview with sheriff's Detective Karl Yost. Rothgery had asked the attorneys to straighten out what parts of the interview should not be submitted during an extended recess from 11:30 a.m. to 2 p.m. yesterday.

In all, Kelley is charged with two counts each of aggravated murder and murder, and one count each of attempted rape, felonious assault, kidnapping and aggravated robbery for the alleged attack on Kennedy-Linkous, and a tampering with evidence charge. He is also charged with four counts of attempted aggravated murder, four counts of attempted murder and two counts of felonious assault related to Lutz and Baker.

The trial resumes this morning with the state's witnesses.