Defense DNA bid denied in Lauderdale homeless killing

The three teenagers accused in the January murder of a Fort Lauderdale homeless man and the beating of two others appeared in Broward Circuit Court today morning for a hearing about DNA evidence.

The defendants -- Billy Ammons, Tom Daugherty and Brian Hooks -- sat far apart from one another, silently staring straight ahead as their attorneys argued over four DNA samples taken from blood found in Ammons' Chevy Blazer on the night of Jan. 12. That's the night that authorities contend the teens went on a violent spree that ended in the death of Norris Gaynor, 49, and sent two other homeless men to the hospital.

Prosecutors told defense attorneys earlier this year that they intended to test four samples of blood found in the Blazer and on a pair of sunglasses in the car. The DNA samples would be compared to the teens' and victims' DNA. The tests would use up the four samples, and none of the original material would be left over after testing.

Defense attorneys for the accused teens asked Broward Circuit Judge Cynthia Imperato to have an expert of their own present at the test to ensure proper procedures are followed.

But George Duncan, a Broward Sheriff's Office DNA Unit supervisor, said allowing in an outside expert would violate lab protocol, putting his lab's accreditation at risk and possibly contaminating the minuscule samples.

Prosecutor Brian Cavanagh said that allowing an expert into the lab could affect many cases around the courthouse, because defense attorneys with cases involving DNA evidence could argue that the integrity of the lab was compromised by the outside expert, invalidating the samples in their cases.

Imperato sided with Duncan. ''I don't think that it's practical to have other experts in the lab,'' she said.

Mike Dutko, an attorney for Daugherty, asked Imperato to hold off on the tests while the defense explores an appeal. DNA testing was delayed until the teens return to courtJan. 5.