Judge considering crucial question over evidence in murder case

Victoria Campbell, News 4

Washoe District Court Judge Robert Perry will rule Monday on whether prosecutors can use DNA evidence in the case against James Biela, the man accused of a series of rapes and the murder of Brianna Denison.

Defense attorneys asked to have DNA evidence excluded, disputing the way it was processed at the Washoe County Crime Lab. Specifically, they were protesting the fact that technicians used virtually all of each of the samples, leaving no DNA evidence for them to retest.

But a DNA expert hired by the defense testified that he saw no reason to dispute the actual findings of the DNA tests, and said he did not believe the technicians acted in bad faith when they processed the evidence. Renee Romero, director of the Crime Lab, said the evidence was consumed in the process of comparing the DNA to national databases in an effort to pinpoint a suspect. And Romero said that is consistent with protocol at the Crime Lab.

Judge Perry will rule on Monday whether he will admit the DNA evidence at trial.

Also Friday, the judge granted a defense request for a delay in the trial, which was scheduled to begin February 22, 2010. Public Defender Maizie Pusich was assigned to the case in September after the original attorney left the public defender's office. Pusich told the court she needed more time to review more than 40,000 pages of evidence and to adequately prepare for the case.

Prosecutors did not object, and Judge Perry granted the request. The trial will begin on May 10, 2010. If convicted, Biela faces a possible death penalty.

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