Judge Orders Frye Hearing to Question DNA

Chief Judge Belvin Perry Jr., at the State v. Casey Anthony trial on Tuesday, set an order for a Frye hearing to discover whether or not DNA can be recovered from decomposition fluid.

Assistant State Attorney Jeff Ashton requested an exclusion. He stated that defense's expert witness in the area of touch DNA, Richard Eikelenbloom, does not provide evidence based on scientific research, nor has it been fully accepted in the scientific field, therefore is unable to render his opinion.

Defense Attorney Jose Baez explains to Judge Perry why it is necessary for the expert witness to state his opinion. "This is a very complex case, especially forensically," and rebuts to Ashton's argument.

Baez claimed FBI DNA examiner Heather Seubert discussed the issue when she testified on Thursday, but the Ashton refuted that the state never brought in DNA evidence from decomposition fluid.

Karin Moore, law professor at Florida A&M University and former criminal defender, said Baez caused the controversy when he called her up to the stand. "The burden will be on Baez to prove that DNA can be recovered from decomposition fluid, that the science and methodology are accepted in the scientific community and that the methodology was properly employed," said Moore.

The pair of shorts Caylee Marie Anthony was wearing the day she died and one of the bags found near her remains were both sent to a laboratory for investigation, but the defense did not request the duct tape or the carpet samples from the trunk of Casey's car be tested as well. According to his deposition, Eikelenbloom was unaware what items were tested and what the results were.

Still, Baez calls Eikelenbloom a "pioneer" in his profession and adds, "the type of trace recovery they have utilized" is the most important aspect, and is essential to this case.

He requested that the witness to limit his testimony to matters only involving DNA degradation.

Moore also stated that, "Perry acts as a 'gatekeeper' of new and novel scientific evidence. His job is to ensure that the evidence is relevant and reliable; not junk science."

Judge Perry granted the request by the state to prohibit the testimony and he instructed Baez to be prepared to provide to the state with a week's notice for the Frye hearing, which should be set for sometime in the coming weeks based on defense's choice of scheduling.

(Photography by Red Huber, Orlando Sentinel)