Prosecution rests in Haskell rape case; scientists say woman’s DNA found on suspects

Prosecutors rested their case on Thursday against one of two former Haskell Indian Nations University students accused of raping a woman, and the rest of the day focused largely on DNA evidence.

The two suspects, ages 20 and 21, are accused of raping a 19-year-old Haskell freshman in their dormitory room on Nov. 15, 2014. The defense has contended that the sexual encounter was consensual.

The trial for the 20-year-old suspect began Monday. He faces felony counts of rape and one felony charge of aggravated criminal sodomy. The 21-year-old suspect faces felony counts of aiding and abetting attempted rape and two counts of rape; his trial is scheduled to begin July 25.

On Thursday, scientists testified that test swabs taken from the genitals of the two suspects contained the DNA of the woman accusing them of rape.

During the police investigation into the incident, sexual assault examinations were performed on the woman and the two suspects, Lawrence police officers and Lawrence Memorial Hospital nurses testified throughout the trial. Samples were taken from both the woman and from the suspects’ genitals.

Along with other pieces of evidence, those samples, a used condom and a bed sheet found in the suspects’ rooms were all submitted to the Kansas Bureau of Investigations for testing, said Stephanie Cline, a forensic scientist who worked for the KBI at the time.

Swabs from the suspects tested positive for the woman’s DNA, Cline said. In addition, a sample from the condom tested positive for her DNA.

The sheet tested positive only for the DNA of the suspect it belonged to, Cline said. No seminal fluids were detected during Cline’s tests, though she said not all items were tested for the fluid.

After prosecutor Catherine Decena rested the state’s case, defense attorney Sarah Swain motioned for an acquittal, arguing that the prosecution had not presented enough evidence to support the charges.

Douglas County District Court Judge Paula Martin denied the motion.

Swain then called Stephanie Beine, another forensic scientist, to the witness stand.

Beine said she independently examined the evidence submitted to the KBI.

While she said Cline’s examination procedures and conclusions were sound, Beine added that the amount of the woman’s DNA found on the 20-year-old suspect was “miniscule.”

In all, probably only eight of the woman’s cells were found on the sample from the 20-year-old suspect, Beine said — a small amount when compared with the 400,000 skin cells an average person might lose in a day, she said.

However, when asked by Decena, Beine said she could not speak to whether any outside influences, like sample collection methods or clothing contact with the suspect’s genitals, might have negatively affected the amount of DNA found on the sample.

Throughout much of the rest of the day Swain questioned detectives and nurses involved in the investigation, several of whom noted that they did not take any pictures of the suspects the day they were taken to the hospital to be examined.

The two suspects were arrested on Nov. 15 and were later released from jail after each posted a $75,000 bond. Both were expelled from the university.

The trial, which is scheduled to last eight days, is scheduled to continue at 9 a.m. Friday.