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Murder In Moscow: Judge Hippler's Order On Touch DNA/Rylene Nowlin Testimony (Part 2) (4/22/25)
On April 18, 2025, the Idaho District Court ruled on Bryan Kohberger's motion to exclude testimony from forensic analyst Rylene Nowlin regarding "touch" or "contact" DNA in his upcoming trial. Kohberger's defense argued that Nowlin's opinions on how and when DNA was transferred to a knife sheath found at the crime scene were speculative and lacked scientific consensus. They contended that such testimony could mislead the jury and should be inadmissible under Idaho Rules of Evidence 403 and 703. However, the court denied the motion to exclude Nowlin's testimony, allowing her to discuss DNA transfer concepts, including distinctions between direct and indirect transfer, as well as factors influencing DNA persistence. The court acknowledged that Nowlin's opinions were based on her training and experience, noting her assessment that the DNA profile obtained from the sheath was more likely the result of direct transfer.
While permitting Nowlin's testimony, the court expressed concern over the potential for certain terminology to confuse the jury. Specifically, the court requested that both parties instruct their witnesses to avoid using the terms "touch DNA," "contact DNA," and "trace DNA" during the trial. The court reasoned that these terms could be misleading, as they might imply a level of certainty about the DNA's origin and transfer mechanism that current forensic science cannot definitively provide. By restricting the use of such terminology, the court aimed to ensure that the jury would not be unduly influenced by potentially ambiguous or scientifically unsupported language.
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source:
041825+Order+on+Defendants+Motion+in+Limine+RE+Rylene+Nowlin+and+Touch+and+Contact+DNA.pdf
Published on 2 weeks, 3 days ago