JONESBORO, Ill. -- The defendants in a Union County, Illinois, murder case can have an independent expert present when DNA testing is performed on some evidence, a circuit judge ruled Thursday.
Jessie Bell, 34, of Anna, Illinois, and Travis D. Turner, 25, of Dongola, Illinois, are charged with first-degree murder in connection with the death of James H. Morrison, 46, whose body was found about 3 a.m. April 12 outside a home in Anna.
Judge Mark Boie granted a motion Thursday by Union County State's Attorney Tyler Edmonds to have DNA tests performed on five pieces of evidence in the case.
"Just to be clear, the state is asking to test those exhibits ... and the DNA that is believed to be present on each of those items," Edmonds said Thursday morning in Union County Circuit Court. "The lab has indicated the DNA on those items would be consumed" by the testing process.
Boie approved the motion but also upheld a defense request to have an independent expert present during the testing to confirm it is done properly.
Because the process of testing the DNA will destroy it, the tests can't be redone if questions arise about the way they were performed, said public defender Patrick Duffy, who is representing Bell in the case.
"If something goes haywire, something goes wrong, they may not necessarily want to admit it, but we can't come back and look at it any more," he told Boie.
Duffy and public defender Jeremy Lloyd, who is representing Turner, agreed one expert would be sufficient for both their clients.
The suspects are being tried separately but appeared together in court Thursday for the motion hearing.
Boie asked Duffy what would happen if the independent expert disagreed with the way Illinois State Police technicians conducted the testing.
Should that happen, Duffy said, he could call the expert to the stand to challenge the credibility of the evidence.
In allowing Duffy and Lloyd to bring in an expert to observe the testing, Boie overrode Edmonds' assertion they had failed to show that the evidence was crucial to their cases.
"The defendants have many other ways that they can assert their innocence in this case," Edmonds argued.
In issuing his ruling, Boie said the results of the testing could be significant for either side.
"Depending on what the sample comes back as, it could be used by either side," he said.
The evidence in question includes part of a T-shirt and swabs taken from the end of a piece of wood, Bell's knuckles, a long piece of metal and the dashboard of a pickup truck.
Given the nature of the evidence and the magnitude and type of charges involved, bringing in an independent expert seems fair to everyone concerned, Boie said.
"I think if you look at all these factors, I think ... it is fair to both sides to have an independent expert," he said.
Edmonds estimated the tests would take 30 to 60 days to complete.
The case had been set for jury trial Sept. 22, but Boie continued it to allow time for evidence to come in, including the DNA testing and a final autopsy report.
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