Trial and Error

Jul 25, 2012

A letter from Dennis.

To My Supporters,

I first asked to have DNA testing done in my case before my trial in 1989. The same judge who denied my request then has now agreed to allow that testing. Even though in the early ’90s the Maine Attorney General’s Office destroyed what any reasonable person would deem crucial crime scene evidence, I feel strongly that enough evidence remains to yield results, as DNA testing has evolved over the years.

As most of you know, what testing was done in the early ’90s yielded exculpatory results, that is, results clearing me of blame. The recent DNA hearing centered on the validity of the original testing, with the AG’s Office arguing that contamination likely contributed to these results. The state brought in outside experts and we did the same. One of our experts was Dr. Rick Staub, Director of Operations for Orchid Cellmark, one of the largest and most reputable DNA labs in the country. Dr. Staub explained the processes involved in DNA testing, and provided the court with reassurances that contamination was not a major issue in their laboratories. Protocols are now in place that virtually eliminate contamination as a source of DNA.

Dr. Greg Hampikian, a geneticist from Boise, Idaho, made solid points during his testimony. He explained clearly and repeatedly that from a scientific point of view, this case offered a highly desired control that proves that the DNA found beneath Sarah Cherry’s thumbnail was “evidence with probative value.” The control he referred to stems from the fact that the two thumbnail cuttings were taken by the same pathologist, at the same time, using the same instrument. If the nail that yielded exculpatory results had been contaminated by the nail clipper, it stands to reason that the second nail would have revealed the same contamination. That second nail is the control. Some unknown male, not me, left his DNA beneath one of those nails. Also, there was no contamination found in tests performed on other items of evidence.

For the first time in many years, I left a courtroom feeling hopeful. I have the members of Trial & Error to thank for that. So many of you have refused to give up on this case, insisting that testing be done to reveal the truth. However, between expert witnesses, private investigations, and DNA testing, the process is proving to be more expensive than T & E’s resources can bear. I am appealing to my supporters to dig deeply and to contribute whatever you can afford to help pay the growing expenses. The progress we have made stems in large part from the expertise of the scientists who testified, and they deserve the compensation they’ve requested. If every person who reads this letter contributes even a small amount, as a team we can easily cover the obligations incurred. Your continued support of justice is deeply appreciated.

Dennis Dechaine

Update on Testing

In the June hearing Judge Bradford ordered further testing of certain items of evidence by the method known as Touch DNA testing. The Maine Crime Lab is not certified to perform the form of Touch DNA testing which we have been calling for for almost four years, which involves scraping items. The procedure which the state performed, and which the state had been insisting qualified as Touch DNA testing, involved running Q-Tips over the items. Tests on the Q-Tips produced no DNA.

The lab which, per the court’s ruling, is to test for DNA using the scraping technique is the Orchid Cellmark lab in Dallas. A complication arose when Attorney General Schneider objected to allowing any of the evidence to leave the Maine Crime Lab, despite the fact that the accepted protocol in such situations is to have the evidence transferred, under strict chain of custody rules, to the second lab. It is our understanding that Cellmark has agreed to send personnel to Maine to perform the scrapings, while the testing of the scrapings would be performed in Dallas. Final arrangements have not yet been concluded. The items to be tested are the ligature (a scarf that belonged to Dennis); a bandanna that belonged to Dennis; Sarah’s bra; and Sarah’s shirt.

The case which brought the scraping method of Touch DNA testing to public attention was the JonBenet Ramsey case, where DNA obtained from JonBenet’s pants cleared her parents from suspicion. It is most unfortunate, of course, that Sarah’s pants, fingernails other than thumbnails, the rape kit, and unidentified hair cannot be tested, having been incinerated by the state in 1992, without informing the court or the defense, six weeks after Dennis filed an appeal.

Seeking Justice Costs Real Money!

We have discovered that we are now playing — and paying — in the legal big leagues. The costs for fees, transportation, consulting, and lodging for the two world-class expert witnesses who testified on Dennis’s behalf in the June hearing amounted to more than $14,400. Their testimony was clearly the key factor leading to a favorable ruling. While it is possible that a portion of this amount may be picked up by other entities, we may well end up having to foot the largest part, or even entire amount. And we have other upcoming expenses as well. But as Dennis wrote, if everyone reading this letter were to make a contribution we would be in good financial shape. Over the years people beyond counting have told us that they believed that Dennis was innocent and then wished us good luck. The good wishes are appreciated, but what we really need is for people who believe in Dennis’s innocence to step up and dig deep. At the time of the June hearing a supporter sent T & E $100 along with this note;

I have followed this for years. I admire and appreciate the way you’ve kept Dennis’s plight front and center at all times. It remains my hope that we will have a favorable outcome this time. I cannot refrain from opening the checkbook. Justice and freedom in life are more important than any kind of money. Our bills and tight budget will always be with us, yet these pale and will always be trivial in comparison with the awareness of life so aggrieved by a lack of justice. My regret is that I cannot be there today to lend support and encouragement. I hope this small amount helps.

Thank you to all who have responded to our call for donations in the June newsletter, and thank you in advance to all of you who didn’t quite get around to making a contribution but are now going to.

Pay Pal is now up and running.

Our snail mail address is:

Trial and Error
PO Box 153
Madawaska, Maine 04756

Carol Waltman, Pres.

Bill Bunting, VP
Steve Sandau, Director
Don Dechaine, Director
Bernie Huebner, Director
Bob MacLaughlin, Director
Eurgenie Nakell, Director
Nancy Farrin, Director