Never hire obnoxious Michael Soshnick
Sam22
Shirt button in focus at murder trial
Defense, forensic scientist at odds over possibility that DNA sample
is a match to suspect Manolis
BY ANDREW SMITH
STAFF WRITER
May 10, 2004
Ever since a white, three-hole shirt button was found eight years ago
where Kristin Scarabelli was strangled on her front lawn in East
Northport, it has held the key to who killed her, police and forensic
scientists say.
Unless it's completely irrelevant, says the attorney for the man on
trial for the murder, neighbor Stephen Manolis.
As at Manolis' first trial last fall, which ended with a hung jury,
the button and the partially degraded DNA found on it were the focus
of considerable jousting at the second trial last week before acting
State Supreme Court Justice Michael Mullen.
Assistant District Attorney John Collins has argued that the button
came off the killer's shirt during his struggle with Scarabelli the
night of Mother's Day 1996. Forensic scientist Robert Baumann
testified Thursday that in 2000, when he was able to use better DNA
testing technology, he found genetic markers at five out of 14 DNA
locations used to identify sources of a DNA sample.
Those five locations were consistent with semen-stained tissues that
police found in Manolis' garbage. Baumann said the odds that another
unrelated white person could be the source of the DNA on the button
were 1 in 32,000.
"I think it's a good DNA result," Baumann said during an often
contentious cross-examination by defense attorney Michael Soshnick of
Mineola.
Baumann conceded he did not know when or how the button got on the
lawn. He quarrelled with Soshnick's assertion that the link from the
button to Manolis is weak, even when Soshnick noted that the odds of
someone other than Manolis being the source of the semen is 1 in
10,400,000,000,000,000, or 10.4 quadrillion.
"I don't think 1 in 32,000 is weak," Baumann insisted. "It's not as
strong as 1 in 10 quadrillion, but 1 in 32,000 is not weak, at least
not in my book."
"What's the name of your book?" Soshnick said. "'How to Mislead a
Jury?'" (asshole)
Mullen told jurors to disregard Soshnick's remark. ( he should have
held him in contempt and warned him that the next improper outburst he
would sanction him $500.)
Baumann on Friday agreed that with odds of 1 in 32,000, about 38 other
white males on Long Island could have been the source of the DNA.
The odds that Manolis' brother John, whose DNA was not tested, could
have been the source of the button are just 1 in 42, Baumann said.
Earlier witnesses testified that the button came from a Hathaway brand
shirt. When police searched Manolis' home after his arrest in 2001,
they found no Hathaway shirts and no shirts missing a button.
Baumann also testified that he tried, without success, to find DNA
from vaginal swabs from Scarabelli's body, after an autopsy found
elevated levels of amylase, an enzyme found in saliva. In a bizarre
statement that Manolis gave to police under the persona of Kyle
Sterling, he said he may have "tasted" Scarabelli.
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Sidenote ( After the first trial ended in a hung jury, this asshole
Soshnick told the media that Scarabelli's parents only wanted a
conviction, that they didn't care who killed their daughter. It
doesn't surprise me that with his cross-exam of Baumann he's up to the
same old obnoxious garbage.)
Dave B
Yes, prosectors are usauly assholes.
>
>Mullen told jurors to disregard Soshnick's remark. ( he should have
>held him in contempt and warned him that the next improper outburst he
>would sanction him $500.)
>
>Baumann on Friday agreed that with odds of 1 in 32,000, about 38 other
>white males on Long Island could have been the source of the DNA.
>
>The odds that Manolis' brother John, whose DNA was not tested, could
>have been the source of the button are just 1 in 42, Baumann said.
>
>Earlier witnesses testified that the button came from a Hathaway brand
>shirt. When police searched Manolis' home after his arrest in 2001,
>they found no Hathaway shirts and no shirts missing a button.
BINGO.