Defense Attacks DNA In Carlie Trial

By TODD RUGER and MIKE SAEWITZ Sarasota Herald-Tribune

Published: Nov 11, 2005

SARASOTA -- The questions Joseph P. Smith's defense attorneys aimed at witnesses Thursday often were complimentary, prompting evidence technicians to say how thoroughly they searched for evidence of who sexually assaulted and killed Carlie Brucia.

Then came the turnaround: Why didn't two evidence technicians find the semen stain on the 11-year-old's red shirt, a key piece of evidence, before it went to the FBI crime lab?

On the fourth day of the capital murder trial, defense attorneys intensified their attacks on physical evidence, foreshadowing arguments that the FBI has a "terrible" reputation when it comes to analyzing forensic evidence.

The physical evidence is a key part of the evidence prosecutors have in the case against Smith. The state's attorneys say the DNA found in a semen stain on Carlie's shirt links Smith to the victim. They plan to present that evidence during the second week of the trial.

Evidence technicians and analysts testified Thursday about hair and fibers they said link Smith to Carlie's abduction, sexual assault and killing.

Three witnesses pulled Carlie's red shirt from its evidence bag, but none testified about the DNA. Two witnesses said they didn't see the semen stain when looking for trace evidence during the autopsy.

Another witness, an FBI analyst, testified that fibers from the shirt match fibers found in the station wagon Smith borrowed the night of Carlie's disappearance. Also, two hairs found in the station wagon are similar to Carlie's, FBI analyst Karen Korsberg testified.

Assistant Public Defender Adam Tebrugge has made clear he will spend a great deal of time attacking the FBI crime lab and the DNA evidence discovered in that lab.

Legal experts say they are not surprised Smith's defense attorney is challenging a key piece of evidence. He has to, especially because DNA is held in such high regard by a public obsessed with shows such as "CSI: Crime Scene Investigation."

"Because it's scientific and because DNA is accepted by the public, it takes on much broader weight than it should," said Jenny Greenberg, executive director of Florida Innocence Initiative Inc., a Tallahassee group that finds and frees through DNA testing prisoners who were wrongfully incarcerated.

"It's his job to investigate that thoroughly," Greenberg said. "DNA is a wonderful, wonderful tool, but it's extremely dangerous when not used appropriately."

One expert who uncovered problems at a Houston Police Department DNA lab a few years ago doubts Tebrugge will have much success attacking the entire FBI lab.

"Although there have been a number of recent DNA lab scandals and the quality of DNA testing is sometimes uneven, it would be a real stretch to claim that all work from the FBI lab is unreliable," said Professor William Thompson, of the University of California-Irvine. "Unless the defense lawyer has evidence of specific problems that could have affected the accuracy of the results in this case, I doubt the defense will get very far."