Lack of speedy trial may aid two teenage rape suspects
Posted on Tuesday, June 17, 2008
Rape charges against two teenagers may be dismissed because the Fayetteville Police Department failed to take DNA samples from the defendants in a timely manner.
This delay prompted the defendants to seek dismissal of the charges because of the speedy trial rule, which guarantees defendants that their case will go to trial within one year.
Melvin Sims and Tracy Roberts are charged with rape and two counts of theft, one a felony and one a misdemeanor. They are accused on April 2, 2007, of raping a woman and stealing her debit card and MP 3 player. Both were 17 at the time of the alleged incident.
The defendants have appeared in court for trial seven times, and each time the prosecutor requested a continuance, according to the motion to dismiss prepared by public defender Leana Houston.
The motion to dismiss should be denied because part of the delay in taking the case to trial is the result of the state crime lab taking so long to process the rape kit, said Matt Durrett, 4 th Judicial District chief prosecutor.
Travis Lee, an investigator for the Police Department, testified Monday that he does not know why he failed to show up for an April 30 trial date.
“ This is a real important issue here for this particular case, ” said 4 th Judicial Circuit Judge William Storey.
Lee also testified that he failed to request DNA samples from the suspects when they were arrested on April 3, 2007. He said they still have not been tested, despite a court order signed by Storey on March 29. The defendants reportedly expected to give a courtordered DNA sample on April 30.
Lee said he was told by a sergeant that the Police Department takes DNA samples only with a search warrant or a signed consent form.
“ I’m not sure why we can’t do court orders, ” Lee testified.
Storey said at Monday’s hearing that he will consider and later rule on whether to dismiss the charges or again order the defendants to submit hair and saliva samples for DNA comparison.
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