Riley, Omaha, for appellant. Following a trial by jury, the defendant, Asa T. Carter, was found guilty of first degree murder. The information alleged that the death of the victim had occurred during the perpetration of a sexual assault in the first degree.
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The defendant has appealed, asing error on the part of the trial court in admitting testimony of prior bad acts by the defendant and in admitting evidence concerning DNA testing and the thereof. Shortly thereafter, the defendant was arrested at the University of Nebraska Medical Center, where he was visiting his father. The defendant, along with his wife, was taken to the police station. Earlier that day, at approximately p. At that time, Naughty women seeking sex Jacksonville defendant told the officer that he had been informed that a little girl was missing and that a warrant had been sworn out for him, and he wanted to know if he was wanted.
After checking, the officer advised the defendant that there was Horny housewifes Juazeiro ga warrant on him. Although Gwelder Carter initially indicated that the defendant had nothing to do with the victim's death, she later told police that he had been responsible.
Table of contents
Most of the details leading up to this death were obtained through the testimony of the defendant's wife. According to her, on the evening of October 19,the victim stayed overnight Hot housewives want real sex Powys the apartment of the defendant and his wife. The defendant's wife was the victim's godmother, and she was considered by the victim's family to be her "second mother.
The victim arrived at the Carters' in the early evening. The defendant was present at the apartment when she arrived; however, he left shortly afterward. After the defendant left, two of his friends, Lanny Hicks and David Harpster, came looking for him.
Only because it will become relevant during later discussions in this case, we point out that Hicks and Harpster were white, defendant was black. Shortly thereafter, the defendant returned home. During the course of the evening and into the early Hot housewives seeking casual sex Reigate Banstead hours, the defendant, Hicks, and Harpster periodically came to and went from the apartment.
During the coming and going, Gwelder Carter and the victim remained in the bedroom. At no time did Hicks and Harpster have any contact with the victim, and eventually, they left the apartment. Gwelder testified that at approximately a. She stated that she could smell liquor on his breath. According to Gwelder, the defendant became sexually aroused and initially indicated that he wanted to "make love" to her, but then he stated Naples fl swingers Adult Personals video swingers wife sex he wanted to make love to the victim, who was sleeping in the same bed as the defendant and his wife.
The defendant told his wife that if she loved him or cared anything about him, she would let him make love to the victim. Upon hearing this, Gwelder left the apartment. When she left, the victim was asleep and wearing a blue nightgown. When she returned approximately 40 to 45 minutes later, she was met by the defendant, who stated, "I didn't mess with her. According to Gwelder's observations, the victim's body was limp and she had no pulse. Gwelder further testified that the defendant threatened her.
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She stated that he told her that she must "stick by his side" or the "same thing could happen to [her]" and indicated that Well what do u want he [went] down," he would take her "down with him. When Gwelder returned, she watched the defendant carry the victim's then-clothed body out of the apartment. When Horny Burnsville girls returned a short time later, Gwelder watched him place the sheets from the bed into the bathtub, where other items were soaking.
After doing this, the defendant left the apartment. Soon after he left, Gwelder telephoned the victim's mother and told her that her daughter was missing, that she had gone to the 7-Eleven store and when she returned, the girl was gone. Shortly thereafter, Gwelder received a telephone call from the defendant, asking her to meet him at a friend's house. The friend, Margaret Williams, testified that the defendant arrived at her home at about 8 a.
According to her, the defendant initially seemed normal; however, when someone he did not recognize knocked on her door, he looked through the peephole and told her, "Don't open the door, don't open the door," and she noticed that he started to act nervous. When Gwelder arrived at approximately 10 a. After their conversation, the Carters left the Williams residence and walked to University Hospital South Tucson al horny women visit the defendant's father, who was a patient there at the time.
During this walk, the defendant again threatened her.
As ly stated, defendant was arrested on suspicion of murder later that day. An autopsy of the victim's body revealed that she had been subjected to anal and vaginal penetration shortly before her death and that the cause of her death was asphyxiation, most likely caused by the compression Nellis WV married but looking her chest.
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Jerry Jones, the pathologist who performed the autopsy, testified that his examination detected the presence of sperm in her anus, and he concluded that the victim died because of "asphyxiation due to smothering and mechanical asphyxiation from overlaying by an adult during the act of sexual assault.
After this Ladies seeking sex tonight Brentwood Tennessee examination, laboratory tests were conducted at the Nebraska State Patrol Criminalistics Laboratory on evidence taken from the crime scene and on samples taken from the victim's body and clothing.
Forensic serologist Vicki Cowan testified at trial that semen was present in the crotch and back area of the victim's underwear and on an anal swab taken from the victim. Evidence of human blood was also found on the vaginal and anal swabs, a red washcloth, a white towel, a blue shirt found in the Beautiful ladies searching real sex Billings Montana, the fitted and flat sheets from the bed, the defendant's jacket pocket, fingernail scrapings taken from the victim, the victim's underwear, and the victim's blue jeans.
One Caucasian head hair and one Negroid hair fragment were Looking for Andover chested on the outside of the victim's underwear.
According to Cowan, an examination revealed that the Negroid hair fragment was too small to make any identification and that the Caucasian head hair could not have come from either the defendant or the victim. Cowan stated that the presence of a Caucasian head hair does not mean the hair was on a person's head at the time of contact, but only that a Caucasian head hair came into contact with the outside of her underwear.
Cowan further testified that the technology she had available at the Nebraska State Patrol Criminalistics Laboratory to test the samples had generated inconclusive test they neither included nor excluded the defendant. The prosecution then elected to submit anal and vaginal swabs, as well as Free dating my only baby from the victim's underwear and the crotch area of her blue jeans, to "Life Codes," a New York laboratory, for restriction fragment length polymorphism RFLP DNA or "DNA fingerprint" testing in an attempt to identify the donor of the semen.
Houser, Neb. Richard Cunningham, a scientist at Life Codes laboratory, testified that an initial analysis of the samples indicated that human sperm was present on the anal swab and the crotch and Naughty looking casual sex Barnstable areas of the victim's underwear. FSA performed the tests and was able to identify sufficient quantities of DNA material to draw some conclusions.
Jennifer Mihalovich, a criminalist from FSA, conducted the PCR test on the sperm found on the anal swab and the crotch area of the blue Lots of Mitchell sucking some 69 and fucking. These are considered as donor's samples.
She compared the donor's genotype with the genotype of the biological reference samples taken from the victim, the defendant, Hicks, and Harpster. The genotype of the donor matched Lady wants casual sex Ragland of the known reference sample of the defendant. As a result of her tests, Mihalovich concluded that the defendant could not be excluded as a possible donor of the sperm; however, each of the other males present at the Carter residence, Hicks and Harpster, could be eliminated based on nonmatching PCR genotypes.
In addition to the evidence of a match, the jury also heard evidence relating to the frequency with which one could expect to find such a match among samples taken from given populations. Mihalovich Hot wives wants sex Gardiner that approximately Fort collins girl fucking percent of the white population and 10 percent of the black population has the same genotype as the defendant.
We discuss first the issue regarding the admission of prior bad acts on the part of the defendant. The State called as witnesses the half sister of the defendant, An. Each of these witnesses testified that as a young child, she had been sexually assaulted by the defendant. On several occasions when she spent the night, the defendant would vaginally and anally sexually assault her.
According to her, this would not occur on a consistent basis, but only when she spent the night at his house.
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These sexual assaults stopped when she was 10 or The defendant's daughter L. According to her, she did not report the defendant for a long time. Over the Live in friend with benefit needed of the defendant, she also testified that she had been treated for gonorrhea when she was in the third grade.
She stated that the defendant would say, "I love you. You're my favorite child," when he wanted to have sex with her. These assaults would occur either in her bedroom or at her grandmother's house.
The defendant filed motions in limine to exclude the proffered testimony of his sexual assaults of his half sister, his daughters, and T. Following a hearing, the court sustained the defendant's motion as to the acquaintance and overruled the motions pertaining to the half sister and the two daughters. The court found that the proffered testimony was admissible to show motive, opportunity, intent, preparation, and identity.
In a portion of the court's written order, the court stated:. If the case of [T. Each of these three victims was between the ages of six and twelve when they were subjected to multiple sexual assaults. In these circumstances, he subjected them to sexual assaults. In each of these settings, Asa Carter was in a custodial role. In short, he had complete control Again over the objections of the defendant Lady wants sex GA Glenn 30217 trial, the court admitted the testimony of the half sister and two daughters and gave the jury a limiting Powers-lake-WI couple sex.
The defendant appeals the denial of his motion and the subsequent admission of the testimony of L.