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Blood Stain Expert Testifies In Tuite Trial

Sweatshirt Could Have Been Contaminated

POSTED: 3:49 pm PDT April 6, 2004
UPDATED: 4:16 pm PDT April 6, 2004

The blood of Stephanie Crowe found on transient Richard Tuite's red sweatshirt was not "airborne spatter" but probably "transfer," a blood stain pattern expert testified for the defense Tuesday.

Brian Kennedy said the red shirt could have been contaminated if a police tripod used at the crime scene sat in the victim's blood and later came in contact with the red shirt when it was wet and being examined in a laboratory.

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"Yes, it is a possibility," Kennedy testified.

The former Sacramento County deputy sheriff told jurors he was contacted by the San Diego County District Attorney's Office in 1998 to re-enact the 12-year-old girl's murder.

He said the absence of blood stain patterns on the wall next to the victim's bed led him to conclude that more than one person could have committed the crime.

A flowered comforter may have been held over Stephanie to keep her from moving as she was being stabbed, Kennedy said.

Tuite, 34, is accused of killing the seventh-grader on Jan. 20, 1998, or early the next morning as he wandered through a rural Escondido neighborhood looking for a friend named "Tracy."

Michael Crowe, who was 14 at the time, and friends Josh Treadway and Aaron Houser were later charged with the girl's murder. But the allegations were dismissed when a lab hired by one of the teenager's attorneys found the victim's blood on the red Tuite sweatshirt.

Tuite's clothing, including the sweatshirt, was confiscated the night of Jan. 21, 1998, when he was taken to the Escondido Police Department for processing, then released.

Tuite was charged two years ago, after the murder investigation was turned over to the San Diego County Sheriff's Department.

The victim's blood was later found on a white T-shirt Tuite had on under the red sweatshirt.

Attorneys for Tuite were allowed to show jurors lengthy, videotaped interrogations with Michael Crowe and Treadway in an attempt to show their culpability.

Prosecutors from the state Attorney General's Office said statements the boys made pointing to their guilt were coerced.

Dr. Werner Spitz, called to the stand by Tuite's lawyers, testified Monday that a "Best Defense" knife found under Treadway's bed is consistent with the one that killed Stephanie.

Spitz testified the "Best Defense" knife could have been used to inflict two deep knife wounds into the victim.

But under cross-examination by prosecutor David Druliner, Spitz said he couldn't say for sure if the "Best Defense" knife found in Josh Treadway's bedroom was the one used to inflict the wounds on the girl.


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