Blood could be Murray’s, expert testifies

Witness says he can't rule out DNA match on drop in bathroom

A genetics expert testified Thursday that a drop of blood found in the bathroom of a slain Douglas County woman was “consistent” with the DNA of her ex-husband, Thomas E. Murray.

The expert, Sudhir Sinha, said he couldn’t conclusively link the bathroom blood sample to Murray or rule Murray out. That’s because he didn’t get a strong reaction in some of the DNA areas he tested and because there were signs of another man’s DNA in the sample.

But Sinha said there were similarities between Murray’s blood and the blood in the bathroom.

“I will say that this is consistent with his blood,” Sinha said. “Based on my experience in looking at the data … I cannot exclude him, and his DNA may possibly be there.”

Sinha’s testimony came on the 10th day of testimony in Murray’s first-degree murder trial. He’s charged with beating and stabbing his ex-wife, Carmin D. Ross, to death Nov. 13, 2003, in her home northwest of Lawrence at 1860 East 1150 Road.

New findings?

The drop of blood in question was mixed with some of Ross’ blood and was found on the baseboard in the first-floor bathroom of her home. Murray, a Kansas State University English professor, told police they’d find his blood on a towel in the same bathroom because he’d had a bleeding callus.

In the written report of his findings, Sinha said the tests on the bathroom blood were inconclusive as to Murray and suggested two male donors. Defense attorneys — who have argued there is no physical evidence linking Murray to the crime — cited that finding in their opening statement to jurors.

But on Thursday, defense attorney Bob Eye suggested to Sinha that he’d changed his earlier findings and asked whether he stood by the written report. Sinha said he did.

Sudhir Sinha, a genetics expert, testified Thursday that a drop of blood found in the bathroom of a slain Douglas County woman was consistent with the DNA of her ex-husband, Thomas E. Murray.

“Within a reasonable degree of scientific certainty, you cannot conclude that the sample that was pulled from that baseboard was Tom Murray’s blood, can you?” Eye asked.

“No,” Sinha answered. “I’m not saying that. I’m not saying that this blood belongs to him…. This blood could belong to him.”

Similarities to Murray

Sinha said the blood also could belong to someone else. But he said he examined the blood of Ross’ fiance, Larry Lima, and excluded him as a possible donor.

Sinha is president and founder of ReliaGene Technologies Inc. in New Orleans. His testing method uses laser light to examine patterns in 11 regions of the Y chromosome, which is found only in men.

For that reason, it’s especially useful when there’s a large amount of a woman’s blood mixed with a small amount of a man’s blood, he said.

“It’s like a small needle in a big haystack — we just take a magnet and pick out that needle,” he said.

Of the 11 regions Sinha examined, the sample from the bathroom was identical to Murray’s in seven regions, he said.

In two other regions, Murray’s blood appeared to match the sample, but Sinha said he couldn’t call it a scientific match because the amount of DNA found in those areas was below the company’s “quality-control” threshold.

In the two remaining areas, Sinha said he couldn’t get any results from the sample.

Also, in two of the 11 regions, Sinha found two different patterns. Sinha said that led him to believe the sample contained DNA from at least two men.

Sinha said that because there appeared to be two men, he couldn’t make any statistical projections about the likelihood the blood came from Murray.

Prosecutor Tom Bath asked Sinha how many of the 11 regions of DNA would have had to show differences between Murray’s blood and the blood in the bathroom in order to rule Murray out.

“Just one,” Sinha answered.

Fireplace searched

Also on Thursday, Kevin Winer, a criminalist from the Kansas City, Mo., Police Department’s crime lab, testified that no hairs or fibers linked to Murray were found at the crime scene. He testified there were unidentified hairs found on a rug in Ross’ bathroom and on a rug in her kitchen.

He also testified about a charred bundle of ribbon-like acetate fiber and a piece of magazine-like paper found in Murray’s chimney in Manhattan. The items were found only after police returned to Murray’s home in early February, just days before the trial was to begin.

Defense attorney Eye objected to testimony about the items from the fireplace, saying the search happened too late and the items were irrelevant.

Prosecutors said they learned only recently that, shortly after Ross’ death in November 2003, Murray had his fireplace converted from a wood-burning fireplace to a gas fireplace.

Assistant Dist. Atty. Angela Wilson said she thought the ribbon and paper would show that “this fireplace was used for more than just burning wood when it was a wood-burning fireplace.”

Murray, seated at the defense table, shook his head at Wilson’s statement.

After attorneys debated the issue with jurors out of the room, Judge Robert Fairchild said he would allow the testimony and let jurors decide whether it’s relevant.

“There are a lot of things missing in this case, and this is a possible explanation,” Fairchild said.

Testimony is expected to resume today.